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JOHNSON v. MALONE

8 Div. 435, 436.

42 So.2d 505 (1949)

JOHNSON et al. v. MALONE.

Supreme Court of Alabama.

October 13, 1949.

Attorney(s) appearing for the Case

Hutson & Russell and S. A. Lynne, all of Decatur, for appellant Johnson.

Thos. G. Steele, of Athens, for appellants Andrews & Wellden.

Thos. S. Woodroof, of Athens, for appellees Tucker.

Malone & Malone, of Athens, for appellee Malone.

SIMPSON, Justice.

Bill of interpleader by the Hon. W. W. Malone, Jr., as stakeholder of earnest money paid at an auction sale of real estate, against appellant Johnson (who bid in the property); against the Tuckers, owners and vendors of the property; and against Andrews and Wellden, the auctioneers who claimed commissions out of the deposit for having made the sale.

All defendants filed separate answers and cross-bills. Johnson seeks the return of the earnest...

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