Oil Run Petroleum Co. v. Gale

Citations

• 6 W. Va. 525
• 1873 W. Va. LEXIS 62

Syllabus

<p>Syllabus .</p> <p>1. A court of .equity will take jurisdiction of a /bill of interpleader ■where it appears there is either no remedy at ail at law, or that the leant remedy is inadeqdate for the protection of the party filing the bill.</p> <p>2. It is not necessary, to entitle a party to come into equity, that the titles of the claimant should be both purely legal. It is ordinarily sufficient to found the jurisdiction, that one is legal and the other is equitable. It seems that when one of the claims 'is purely equitable,it is indispensable to come into equity.</p> <p>3. It is not proper for the appellate court, indetcrming an appeal from an order of injunction granted by a judge in vacation, or a court, to decide which of the claimants has the bettor claim or right.</p> <p>4. Taking the allegations contained in the bill in this case as true, the plaintiff has no adequate remedy at law.</p> <p>5. In interpleader in equity, it is necessary that the claimants should should claim the same debt or thing.</p> <p>6. The claimants in the bill mentioned in this cuse, under the statements and allegations of the bill, claim the same rent.</p> <p>7. P., the tenant in possession, alleges in his bill that rent oil is duo from him, under a deed of lease executed by G. and G, his wife, and that the same rent oil is claimed by G. andG., his wife, each, and also by 0. by virtue of said deed of lease, and that Gr. the husbandhas sued out a distress warrant for the unpaid rent oil, and placed the same in the hands of a constable, who has levied a distress warrant upon the rent oil and other property of P. The bill being otherwise sufficient as a bill of interpleader, makes the constable a party defendant, and prays an injunction, and that the property levied on bo restored, and that a special receiver be appointed to receive the rent oil in arrear, and that to become duo from P., until it is determined by the court which of the claimants has the better right. Held,</p> <p>That the