Dunlap

From a single judgment and on a single transcript the administrator of the estate of John W. Kenton appeals in these consolidated cases. The record shows that the respondent Dunn sued the respondent bank, claiming that Kenton in his lifetime had made an equitable assignment of the entire balance to his credit with the bank and had given her a check for the entire balance, payment of which was refused by the bank when it was presented after his death. After the Dunn suit was commenced Dunlap, as administrator of Kenton’s estate, sued the bank on another check drawn by him as administrator for a portion of the amount on deposit.

The bank answered in each case, setting up the facts and sought by motion to be permitted to pay the amount for which it admitted it was liable into court and to have the two claimants interplead. Under the circumstances, this would seem to have been the proper course, but for some reason which does not appear the motion was denied. The bank does not appeal and the appellant does not attack this order. Its only importance at this time is as an explanation of the subsequent proceedings which are attacked.

When the motion for interpleader came on the parties…