condition has been fulfilled. The garnishee can not be placed in a position worse than that which he would occupy if the judgment debtor had sued him.
The record indicates that the sales contract has not been consummated or otherwise terminated. The garnishee suggests, in his points and authorities, that the sellers are necessary parties in any proceeding by which it is sought to establish a right in the fund. It would seem that only by bringing the sellers before the court can it be determined that they have no right in the deposit as against the judgment debtor.
It follows that plaintiff's motion for judgment of condemnation is prematurely brought. It will be overruled without prejudice to its renewal upon the happening of a contingency or the fulfillment of a condition favorable to plaintiff's claim.
It is likewise obvious that the garnishee's motion for release is premature. The garnishee is not entitled to the relief asked until the rights of the parties to the sales contract are known. Garnishee's motion will be overruled without prejudice to its renewal when the ownership of the fund has been established.
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