BILL OF INTERPLEADER. In Equity Practice. One in which the person exhibiting it claims no right in opposition to the rights claimed by the person against whom the bill is exhibited, but prays the decree of the court touching the rights of those persons, for the safety of the person exhibiting the bill. Hinde, Chanc. Pratt. 20 ; Cooper, Eq. Plead. 43 ; Mitford, Chanc. Plead. 32; 24 Barb. N. Y. 154 : 19 Ga. 513.
A bill exhibited by a third person, who, not knowing to whom he ought of right to render a debt or duty or pay his rent, fears be may be hurt by some of the and therefore prays he may interplead, so that the court may judge to whom the thing belongs, and• he be thereby safe, on the pay ment. Pratt„ Reg. 78 ; Harrison. Chanc. Pratt. 45 ; Edwards, Ins. 393; 2 Paige, Ch. N. Y. 199, 570. 6 Johns. Ch. N. Y. 445 ; 3. Jones, No. C. 83.
2. A bill of the former character may, in general, be brought by one who has in his possession property to which two or more lay claim. 31 N. U. 354; 24 Barb. N. Y. 154 ; 11 Ga. 103 ; 19 id. 513 ; 23 Conn_ 544 ' - 12 Gratt. Va. 117 ; 15 Ark. 389 ; Mo. 380.
Such a bill must contain the plaintiff's statement of his rights, negativing any in terest in the thing in controversy, 3 Story, Eq. Jur. / 821 ; and see 3 Sandf. Ch. N. Y. 571: but showing a clear title to maintain the bill, 3 Madd. Ch. 277 ; 5 id. 47, and also the claims of the opposing parties, 4 Paige, Ch. N. Y. 384 ; 8 id. 339 ; 7 Hare, Ch. 57; must have annexed the affidavit of the plain tiff that there is no collusion between him and either of the parties, 31 N. H. 354; must contain an offer to bring money into court if any is due, the bill being demurrable, if there is failure, unless it is offered or else actually produced, Mitford, Chanc. Plead.
49 ; Barton, Suit in Eq. 47, n. 1; must show that there are persons in being capable of interpleading and setting up opposite claims. 18 Yes. Ch. 377.
3. It should pray that the defendants set forth their several titles, and interplead, settle, adjust their demands between themselves. It, also generally prays an in junction to restrain proceedings of the claimants, or, either of them, at law; and in this case the bill should offer bring the money into court ; and the court will not, in general, act upon this part of the prayer unless the money be actually brought •into court. 4 Paige, Ch. N. Y. 384; 6 Johns, Ch. N. Y. 445.
In the absence of statutes, such a bill does not ordinarily lie, except where there is privity of some sort between all the parties, and where the claim by all is of the same nature and character. 2 Yes. Ch. 304 ; 3 Anstr. 798 ; 7. Sim. Ch. 391 ; 3 Beay. Rolls, 579; Story, Eq. Jur. N 807-821; 24 Vt. 639; 2 Ind. 469.
The decree for interpleader may be ob tained, after a hearing is reached, in the usual manner, I Turn. & R. Ch. 30 ; 1 Cox, Ch. 425 ; 4 Brown, Ch. 297 ; 2 Paige, Ch. N.
Y. 570 ; or without a hearing, if the defend ants do not deny the statements of the bill. 16 Ves. Ch. 203 ; Story, Eq. Plead, 297 a.
A bill in the nature of a bill of inter pleader will lie in many cages by a party in interest to ascertain and establish' his own rights, where there are other conflicting rights between third persons. Story, Eq. Plead, 297 b ; Paige, Ch. N. Y. 199 ; 3 Jones, No. C. 83. See INTERVENTIO.