Phillips v. Taylor

Bosrp, 'C. J.,

delivered the opinion of the 'Court.

The question on this appeal is whether a hill will lie at the suit of persons who cut and removed timber from a tract of woodland under contract with one whom they took to be sole owner, to require an interpleader between that one and .another, who later claimed a half interest in the land, and timber, in order to settle the rights of the claimants to half the proceeds of the contract in the plaintiffs’ hands.

Isabella Taylor, since deceased, received by deed in 1896 two parcels of land in Wicomico County separately described in the deed as one…