Stakeholder

A third person chosen by two or more persons to keep in deposit property the right or possession of which is contested between them, and to be delivered to the one who shall establish his right to it. Thus, each of them is considered as depositing the whole thing. This distinguishes this contract from that which takes place when two or more tenants in common deposit a thing with a bailee. Domat, Lois Civ. liv.

1, tit. 7, §4; 1 Vern. 44, note 1.

A person having in his hands money or other property claimed by several others is considered in equity as a stakeholder.

1 Vern. 144.

The stakeholder cannot be regarded as a party to an illegal contract, or in _ pari delicto. He is a mere depositary, with a naked authority to deliver it over on the proposed contingency. If the authority is actually revoked before the money or thing is paid over or delivered, it remains a naked deposit to the use of the depositor.

32 111. App. 116; 2 111. 32.