INTERPLEADER. 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 claim ing to become defendant in his stead. 3 Reeve, Hist. Eng. Law, c. 23; Mitt Eq. Pl. 141; Story, Eq. Jur. § 800. Interpleader is allowed to avoid inconvenience; for two parties claiming adversely to each other can not be entitled to the same thing; Brooke, Abr. Interpleader 4; hence the rule which requires the defendant to allege that differ ent parties demand the same thing.
If two persons sue the same person.in det inue for the thing, and both actions are 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; BILL OF