Mandeville v. First National Bank

Atkinson, Presiding Justice.

(After stating the foregoing facts.) The demurrer asserts a failure to state a cause of action for the relief sought, in that the petition shows on its face that the petitioner has an adequate remedy at law by the terms of its contract, which permits either of the respondents to enter the safety-deposit box.

Code § 37-1508 provides: “Whenever a person shall be possessed of property or funds, or owe a debt or duty, to which more than one person shall lay claim of such a character as to render it doubtful or dangerous for the holder to act, he may apply to equity to…