Gardiner

pro tem. — This is an appeal by Wilhelmina Johanna Holcomb, defendant, cross-defendant, and cross-complainant, from a judgment rendered against her and in favor of N. Frank Morse, defendant, cross-defendant and cross-complainant, which said judgment awarded to N. Frank Morse the sum of $11,319.49 paid into court by plaintiff, and determined that appellant had no right or claim thereto. The order of the court denying appellant’s motion for a new trial is also before us for review.

Plaintiff Gardiner commenced this action in interpleader. He asserted that he held a contract for the purchase of certain lands from defendants Wilhelmina Holcomb and Meta Zeyn, and one C. B. Holcomb; that, pursuant to the terms of said contract, he was obligated to pay a certain sum of money, and that defendant N. Frank Morse claimed some interest in the contract and the payments due thereunder. The said plaintiff asked that he be permitted to pay into court the sums due and that the various parties defendant litigate their claims thereto. Thereafter it was agreed by all parties that plaintiff pay to the clerk of the superior court all moneys remaining due on the contract and receive his deed for the…