Interpleader

English Law: Interpleader in the Past

Interpleaders may be had at law and in equity.

Developments

An interpleader at law 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 Reeves, Hist. of the Eng. Law, ch. 23; Mitford, Eq. Pl. by Jeremy, 141; Story, Eq. Jur. 800, 801, 802. Interpleader is allowed to avoid inconvenience; for two parties claiming adversely to each other, cannot be entitled to the same thing. Bro. Abr. Interpleader, 4. Hence the rule which needs the defendant to allege that different parties demand the same thing. Id. pl. 22.

Details

If two people sue the same person in detinue for the thing and both action; 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 must 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. Bro. Abr. Interpl. 2.

Other Aspects

In equity (see more about this popular legal topic in the U.K. encyclopedia), interpleaders are common. Vide Bill of Interpleader and 8 Vin. Ab. 419; Doct. Pl. 247; 3 Bl. Com. 448; Comyn’s Digest (A digest of the laws of England, 1822) Chancery, 3 T; 2 Story, Eq. Jur. 800. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

1. Partialy, this information about interpleader is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including interpleader.

See Also