Bell v. Wadley

Griffin Smith, Chief Justice.

G. C. Wadley sought to replevy his $3,000 check held by Walter L.. Pope as escrow agent. Pope’s answer was that actual parties in interest were W. F. and Bina Bell, to whom proceeds were conditionally payable. The Bells intervened. By way of cross complaint they alleged that the fund was earnest money and part payment in respect of obligations assumed by Wadley in a written contract. There were other pleadings, including a motion by the cross complainants to transfer to equity, and Wadley’s motion to remand, which was overruled. The appeal is from the Chancellor’s…