Interplead

interplede, enterplede. To settle a question of right to property or money adversely claimed, by litigation between the claimafits, for the security of a third person who holds the property or money, but is in doubt to which party he shall pay or deliver it Jn old English law. To discuss or try a point incidentally arising, before the principal cause can be determined, by making the parties litigate it between them.

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.**