Snodgrass v. Butler
Mississippi Supreme Court
Appeal from tbe Chancery Court of Marshall County. Hon. A. B. Fly, Chancellor. James Snodgrass, in March, 1876, filed this bill of inter-pleader against A. L. Butler and Orlando Davis, alleging that early in 1875 he rented from Butler a certain tract of land, which was improved and unoccupied, and went into possession ; that Butler represented his title to be good ; that the complainant was induced to believe it a valid title, but does not now so regard it; that one B. D.…
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Appeal from tbe Chancery Court of Marshall County. Hon. A. B. Fly, Chancellor. James Snodgrass, in March, 1876, filed this bill of inter-pleader against A. L. Butler and Orlando Davis, alleging that early in 1875 he rented from Butler a certain tract of land, which was improved and unoccupied, and went into possession ; that Butler represented his title to be good ; that the complainant was induced to believe it a valid title, but does not now so regard it; that one B. D. Nabors acquired title to the land in 1857, in fee-simple ; that Butler induced the complainant to rent the premises, that…
1Opinion of the CourtSimrall, C. J.
The predicate of a bill of interpleader is that the complainant is the mere holder of a stake, which he desires to be contested for by other parties, he being wholly indifferent between them. He must occupy the position of a naked trustee of property, which he is willing to deliver to the rightful owner; but since there are two or more claimants, and he is not willing to decide which has the better right, he proposes to devolve that responsibility on the court. Disclaiming any interest in that question, and in evidence of his sincerity, he must bring the money into court, and subject it to…
2Cases cited1 opinion
- Hyman v. CameronMississippi Supreme Court · 1872
3Cited by4 opinions
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- Northwestern Mutual Life Insurance v. KidderIndiana Supreme Court · 1904
- McAlister Bros. & Co. v. SandersMississippi Supreme Court · 1914
- Swett v. Mutual Benefit Life InsuranceRichland County Court of Common Pleas · 1908