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BANNOCK TITLE COMPANY v. LINDSEY

No. 9298.

388 P.2d 1011 (1963)

BANNOCK TITLE COMPANY, a corporation, Plaintiff-Respondent and Cross-Appellant, v. Maxine A. LINDSEY, now Maxine A. Corbett, Defendant-Respondent and Cross-Respondent, W. D. Hale, Defendant-Appellant and Cross-Respondent, N. H. Patton, Lester Rosen, Kenneth Harten, Patton and Linton, Inc., a corporation, and American Casualty Company of Reading, Pennsylvania, Defendants-Respondents and Cross-Respondents.

Supreme Court of Idaho.

Rehearing Denied February 12, 1964.

Attorney(s) appearing for the Case

Robert W. Bennett, Pocatello, for appellant and cross-respondent, W. D. Hale.

O. R. Baum, Ben Peterson, Pocatello, for respondent and cross-appellant, Bannock Title Co.

Milton E. Zener, Pocatello, for respondent and cross-respondent, N. H. Patton.

A. A. Merrill, Idaho Falls, for respondent and cross-respondent, Maxine A. Lindsey, (now Maxine A. Corbett).

McFADDEN, Justice.

This declaratory judgment action was instituted by the Bannock Title Company, hereinafter referred to as the Title Company, seeking an order of the court directing how a certain fund it held should be disbursed. The fund in the amount of $8,131.04, represents the remaining balance of the proceeds of sale by Maxine A. Lindsey, (now Maxine A. Corbett) of what initially was her home and that of her former husband, Don Lindsey. The sale of this home...

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