McAlister Bros. & Co. v. Sanders
Mississippi Supreme Court
Appeal from the circuit court of Tippah county. Hon. H. K. Mahon, Judge. Suit by J. B. Sanders against McAlister Bros. & Co. From a judgment for plaintiff, defendant appeals.
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Appeal from the circuit court of Tippah county. Hon. H. K. Mahon, Judge. Suit by J. B. Sanders against McAlister Bros. & Co. From a judgment for plaintiff, defendant appeals. This case is before the court for the second time, the first decision being reported in 101 Miss. 227, 57 So. 801. On the former hearing the case was remanded, and thereupon appellants, who were defendants in the lower court, filed an affidavit, as authorized by section 772, which set up the fact that the Tishomingo Savings Institution had a claim to the subject-matter of this action (the note sued on), and prayed that…
1Opinion of the CourtSmith, C. J.
The interpleader provided for in section 772 of the 'Code of 1906 is merely a substitute for an original bill of *289interpleader in equity and is governed by the same rules, one of which is that:
“In order to sustain a bill of interpleader, the complainant must be a naked trustee of property for which there are two or more claimants, to either of whom he is ready to deliver it; but, unwilling to decide which is rightful owner, he devolves the decision on the court.” Snodgrass v. Butler, 54 Miss. 45.
When appellants invoked the provisions of this section, they thereby admitted liability on the…
2Cases cited1 opinion
- Snodgrass v. ButlerMississippi Supreme Court · 1876
3Cited by2 opinions
- Williams v. Penn Mut. Life Ins.Mississippi Supreme Court · 1931
- Penn. Mut. Life Ins. Co. v. WilliamsMississippi Supreme Court · 1932