The Franklin Life Insurance Company v. Marnell Falkingham, and Citizens National Bank of Waco

SCHNACKENBERG, Circuit Judge.

The Franklin Life Insurance Company, sometimes referred to herein as “plaintiff”, filed an interpleader action in the district court, naming as defendants Marnell Falkingham, sometimes referred to herein as “Marnell”, and Citizens National Bank of Waco, sometimes referred to herein as the “bank”. Following a trial without a jury, a judgment was entered in favor of the bank, from á part of which Marnell appeals.

The evidentiary facts are established by uncontradicted evidence.

On March 15, 1951 plaintiff issued to George Cecil Falkingham, 1 husband of Marnell, at…