Page:Federal Reporter, 1st Series, Volume 3.djvu/196

 FOSS V. FIRST NAT. BK. OF DENVER. 18^ �which Bum your orator is informed and believes îs in dispute between the said Bissell on the one side, and the said Fosa and Hnnter upon the other ; that each party demanda the right to own said sum of money last above stated ; that your ora- tor claims no right, title, or interest in or to the* same, but is merely holding it as a depository or stakeholder, and does not know to which of the claimants he ought of right to render and pay the same. And your orator further representa and shows to the court that it is under no liability to either said Foss and Hunter or said Bissell, beyond that which arises to the title to the money so deposited in its bank. Said Bissell on the one hand, and Foss and Hunter on the other, demand that your orator should pay such money over to them, but they refuse to join in a joint check or order in ehecking the same out; that your orator has doubts as to which of said parties really owns said money, and that it cannot safely pay or render it to one party without being liable for the same debt to the other," etc. �The prayer is that defendants may be required to inter- plead, and settle or adjust between themselves, their right or ciaim in or to the disputed fund, the bank declaring its read- iness to pay in accordance with the decree of the court. It is well settled that a trustee or bailee who is sued, or in dan- ger of being sued, by several claimants of the same property, may have relief by filing a bill to compel them, by the authority of a court of equity, to interplead and settle their dispute in one suit. This rule is based upon the ground that such a proceeding relieves the bailee or depository fropi being harassed by suits in which he has no interest; and it is especially applicable to a case "where two or more persons severally claim the same thing under different titles, or in separate interests, from another person, who, not claiming any title or interest therein himself, and not knowing to which of the claimants he ought of right to render the debt or duty claimed, or to deliver the property in his custody, is either molested by an action or actions brought against him, or fears that he may suffer injury from conflicting claims of the parties." 2 Story's Eq. Jur. § 806. The proceeding may ����