This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...legal adverse titles, wholly independent of each other, and not derived from a common source.4 816. But let us suppose that two persons should claim the same property under independent titles not derived from the same common source; the question would then arise whether a third person bond fide and lawfully in ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...legal adverse titles, wholly independent of each other, and not derived from a common source.4 816. But let us suppose that two persons should claim the same property under independent titles not derived from the same common source; the question would then arise whether a third person bond fide and lawfully in possession of the property, as the agent, consignee, or bailee of one of the parties, could maintain a bill of interpleader against the different claimants, standing in privity with 1 By Lord Kosslyn, in Langston v. Boyl-3 Sir John Learh, in Lowe v. Richardston, 2 Ves. Jr. 106, 107, 109. But see son, 3 Had. 277. Fuller v. Gibson, 2 Cox, 24. 4 Morley v. Thompson, 3 Mad. t'h. 2 Hoggart r. Cutts, 1 Craig & Phillips, Index, Tntrrplcadnr, p. 564. See also 197. Dawson r. Hardeastle, 2 Cox, 278. one only of them. It would seem that he could not; and that the analogies of the law and the doctrines of courts of equity equally prohibit it.1 817. In the case here stated, the property is supposed to he lawfully in the hands of an agent of one of the claimants. Now, the settled rule of law in such a case is, that an agent shall not be allowed to dispute the title of his principal to property which he has received from or for his principal; or to say that he will hold it for the benefit of a stranger.'-And this doctrine seems equally true in equity also; for it has been held that property put into the hands of an agent by his principal, under a bailment, is not the subject of an interpleader, upon the assertion of a claim to it by a third person against the agent; but the latter must deliver it to the principal, as his possession is the possession of the principal.3 The like doctrine would prevail in favour of a third person, to whom...
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