WAGGONER v. JOHNSTON

No. 40656.

408 P.2d 761 (1965)

H. WAGGONER, Mrs. Christine Waggoner, Robert B. Waggoner and Jessie M. Waggoner, Plaintiff in Error, v. Katherine F. JOHNSTON, J. M. Smith, and The First National Bank & Trust Company of Oklahoma City, Oklahoma, Defendants in Error.

Supreme Court of Oklahoma.

December 14, 1965.


Attorney(s) appearing for the Case

Glenn H. Grubb, Monnet, Hayes, Bullis, Grubb & Thompson, Oklahoma City, for plaintiff in error.

John H. Cantrell, Lee B. Thompson, Ralph G. Thompson, Cantrell, Douglass, Thompson & Wilson, Oklahoma City, for defendant in error Katherine F. Johnston.

John Chiaf, Cargill, Cargill, Chiaf, Rudkin & Cargill, Oklahoma City, for defendant in error J.M. Smith.


HODGES, Justice.

The petition of the plaintiff bank requesting interpleader alleged that defendants, the Waggoners, had entered into a contract to purchase certain real property from defendant, Mrs. Johnston, and that pursuant to that agreement, the Waggoners had deposited $15,000.00 earnest money with the plaintiff bank. The petition alleged further that the plaintiff bank claimed no interest in the deposit, but that the...

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