interpleader

Such deposit and discharge effectually demonstrates the applicant's disinterestedness as between the claimants and as to the property in dispute, an essential in interpleaders.

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A proceeding in the action of detinue, by which the defendant states the fact that the thing sued for is in his hands, and that it is claimed by a third person, and that whether such person or the Plaintiff is entitled to it is unknown to the defendant, and thereupon the defendant prays that a process of garnishment may be Issued to compel such third person so claiming to become defendant in his stead. 3 Reeve, Hist. Eng. Law, c. 23; Mitf. Eq. PI. 141; Story, Eq. Jur. § 800. Interpleader is allowed to avoid inconvenience; for two parties claiming adversely to each other cannot be entitled to the same thing; Brooke, Abr. Interpleader 4; hence the rule which requires the defendant to allege that different parties demand the same thing. depending in the same court at the same' time, the defendant may plead that fact, produce the thing (e. g. a deed or charter) in court, and aver his readiness to deliver it to either as the court shall adjudge, and thereupon pray that they may interplead. In such a case it has been settled that the plaintiff whose writ bears the earliest teste has the right to begin the Interpleading, and the other will be compelled to answer; Brooke, Abr. Interpleader, 2. Under the Pennsylvania practice, when goods levied upon by the sheriff are claimed by a third party, the sheriff takes a rule of interpleader on the parties, upon which, when made absolute, a feigned issue is framed, and the title to the goods is tested. The goods, pending the proceedings, remain in the custody of the defendant upon the execution of a forthcoming bond. See 10 L. R. A. (N. S.) 748, note; Bnj, or' Interpleader.

A mode of obtaining the settlement of a question of right to property or money adversely claimed, by compelling the claimants to interplead, i. e. to litigate the title between themselves, for the benefit and relief of a third person of whom they claim. V. Bill in equity. Interpretari et concordare leges legibus est optimns interpretandi modus, I. To interpret and [in such a way as] to harmonize laws with laws, is the best mode of interpretation. Interpretatio chartarum benigne facienda est ut res magis valeat qnam pereat, I. The interpretation of deeds is to be liberal, that the thing may rather have effect than fail. Interpretatio flenda est ut res valeat: interpretation is to be [so] made that the subject ambiguity, such an is inconvenient and

When two or more persons claim the same thing (or fund) of a third, and he, laying no claim to it himself, is ignorant which of them has a right to it, and fears he may be prejudiced by their proceeding against him to recover it, he may file a bill in equity against them, the object of which is to make them litigate their title between themselves, instead of litigating it with him, and such a bill is called a "bill of interpleader." Brown. By the statute 1 & 2 Wm. IV. c. 58, summary proceedings at law were provided for the same purpose, in actions of assumpsit, debt, detinue, and trover. And the same remedy is known, in one form or the other, in most or all of the United States. Under the Pennsylvania practice, when goods levied upon by the sheriff are claimed by a third party, the sheriff takes a rule of interpleader on the parties, upon which, when made absolute, a feigned issue is framed, and the title to the goods is tested. The goods, pending the proceedings, remain in the custody of the defendant upon the execution of a forthcoming bond. Bouvier.

v. Sill, I. 7.