Moore v. . Massengill

The only question presented on this appeal is simply this: May a third party, who claims title to the premises involved in an action to remove cloud upon title, but who is not relying upon any source of title sought to be established in such action, be permitted to interplead and have her independent claim of title adjudicated therein ? Our decisions do not so hold.

The pertinent statute, G. S., 1-73, among other things, provides: “When a complete determination of the controversy cannot be made without the presence of other parties, the court must cause them to be brought in. When in an action…