Hancock Oil Co. v. Hopkins

I dissent.

I agree with respondents that the case falls within the common law rule, now embodied in Code of Civil Procedure, section 1962(4) and I do not agree that the provisions of section 386 of the Code of Civil Procedure as amended in 1881 have any such abrogative effect upon section 1962(4) as has just been held by the majority of this court.

I also disagree with the intimation contained in the majority opinion that it can be at all “questionable whether a tenant, by interpleading his landlord and another, directly and absolutely disputes the former’s title.” As will hereinafter be shown…