Commercial National Bank v. Kirkwood

Mr. Presiding Justice Harker

delivered the opinion of the Court.

The controversy in this case is over funds held in' the hands of Jefferson Orr, a garnishee, as purchase money for lands conveyed by Allen C. Rush, a defendant in an attachment suit by appellant. Before service upon the garnishee, he had agreed in writing to pay to individual creditors of Bush,- the funds in controversy. The judgment of the trial court to so pay them was in effect a holding that the agreement between Orr and Bush was such an appropriation of the funds in the hands of Orr in favor of the individual creditors named,…