On Rehearing
Appellee says that he is entitled to recover under the terms of Art. 3.48 of the Insurance Code, V.A.T.S. The named article provides in substance that the insurance company shall, in the absence of receipt of notice of an adverse claim, pay the proceeds of the policy to the named beneficiary, and such payment, in the absence of such notice received prior to the date of payment, shall discharge the company from liability.
The facts disclosed by the record do not support appellee’s contention. Appellant J. B. Covington, Administrator, did serve notice of his adverse claim prior to the date of payment. As a result the company was in doubt whether to pay the money to appellant or appellee. Though the company did not file an interpleader suit, it has agreed in writing to abide the outcome of this suit, and to pay over the proceeds of the policy to the party entitled to receive payment under the court’s judgment.
The motion for rehearing is overruled.