Interplead

To become parties litigant; to determine a dispute by judicial action. Interpleader; bill of interpleader. Where a person, who owes a debt to one of the parties in a suit, but, till the determination of it, he knows not to which one, desires that they may interplead, that he may be protected in making the payment.' The stakeholder prays that the court judge between the claimants, to whom the thing belongs, and that he be indemnified. He alleges that the persons have preferred a claim against him, and for the same thing, that he has no beneficial interest in the matter, and that he cannot determine, without hazard, to which of them the thing or right belongs.^ The plaintiff must have no interest in the thing, no adequate remedy at law, and be ignorant of the rights of the claimants.^, If the thing claimed is a sum of money, the holder may pay it into court. The bill will not lie if the complainant sets up an interest in the subject-matter of the suit, and the relief sought relates to that interest. The relief sought, in a bill in the nature of a bill of interpleader, must be equitable.* i In cases of adverse independent legal titles, the party holding the property must defend himself as well as he can at law.**