Interpleader

Legal Definition and Related Resources of Interpleader

Meaning of Interpleader

The process by which a person who expects to be or has been sued by two or more parties , claiming the same thing or fund in his possession , and he not having any claim to it himself but being ignorant as to which of the parties has a right to same, obtains relief by moving the court first and compelling such parties to try their claims among themselves. Interpleader is an established equitable remedy . See federal Rule of civil procedure 22, Appendix 2.

Interpleader Alternative Definition

At Common Law. A proceeding In the action of detinue, by which the defendant states the fact that the thing sued for is in his hands, and that it is claimed by a third person, and that whether such person or the plaintiff is entitled to it is unknown to the defendant, and thereupon the defendant prays that a process of garnishment may be issued to compel such third person so claiming to become defendant in his stead. 3 Reeve, Hist. Eng. Law, c. 23; Mitf. Eq. PI. (Jeremy Ed.) 141; Story, Eq. Jur, §i 800. 801, 802. In Equity. A bill whereby one from whom two or more persons claim the same duty or thing can compel them to interplead, and have their several claims adjudged, lest he be twice compelled to render the same debt, duty, or property. 77 111. 139. In Modern Law. Several statutory remedies have been substituted in various states. In some, a complaint in the nature of a bill of interpleader (see 17 Mo. 499), and in others a formal collateral proceeding to try title to property (130 111. 87).

Related Entries of Interpleader in the Encyclopedia of Law Project

Browse or run a search for Interpleader in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Interpleader in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Interpleader in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

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This definition of Interpleader is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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  • Law Dictionaries.
  • Equity.
  • Interpleader in Law Enforcement

    Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of interpleader.

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    See Also

    • Law Enforcement Officer
    • Police Work
    • Law Enforcement Agency

    Further Reading

    Concept of Interpleader in the context of Real Property

    A short definition of Interpleader: A court action which may be filed in an existing case or be the initial action. One holding funds which are in dispute, but not having an interest in the funds, would file an interpleader. For example: An escrow agent is holding a deposit of a buyer which funds both buyer and seller claim to be entitled. Escrow is willing to give the funds to either buyer or seller but does not want to be liable for giving the funds to the wrong party. The interpleader filed by the escrow agent asks the court to determine to whom the funds should be awarded.

    Concept of Interpleader in the context of Real Property

    A short definition of Interpleader: A court action which may be filed in an existing case or be the initial action. One holding funds which are in dispute, but not having an interest in the funds, would file an interpleader. For example: An escrow agent is holding a deposit of a buyer which funds both buyer and seller claim to be entitled. Escrow is willing to give the funds to either buyer or seller but does not want to be liable for giving the funds to the wrong party. The interpleader filed by the escrow agent asks the court to determine to whom the funds should be awarded.

    Interpleader


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