Preston v. First State Bank of Amarillo

DENTON, Chief Justice.

This suit was originally instituted as a Bill of Interpleader by the appellee First State Bank of Amarillo against appellant T'. A. Preston, Jr. and Norman Burnett and wife, Win Burnett, appellees, to determine whether Preston or the Burnetts were the owners of the sum of $3,135 held by the bank. Both Preston and the Burnetts answered and by cross action each have separately sued, demanding payment of the above stated sum. A jury was empaneled but on completion of the testimony the trial court determined there was no issue of fact to be presented to the jury except that…