Aetna Finance Co. v. First Federal Savings & Loan Ass'n

PHILLIPS, Chief Justice.

The question for decision is whether a judgment creditor, appellant Aetna Finance *313Company, can satisfy an unpaid judgment, by garnishing the reserve fund for taxes and insurance created by a real estate lien note and deed of trust executed between judgment debtor Williams and garnishee (appellee) First Federal Savings and Loan Association. Aetna filed an application for writ of garnishment seeking to levy upon the reserve fund held by First Federal.

The trial court denied the application for writ of garnishment and we affirm the judgment.

The court found, as fact, that…