Caston v. Turner
Caston v. Turner
Opinion of the Court
delivered the opinion of the court.
Most manifestly the procedure here was under § 772, Code of 1906 — interpleader procedure, pure and simple. The claim, as finally propounded by the administrator, stated substantially and clearly his right. It is true there is much surplusage and immaterial matter in it, and it is true that it did not conclude either with a verification or to the country. But the statement of claim did not, under section 772, have to so conclude, and the irrelevant matter should have been disregarded. The demurrer to this claim thus propounded ought to have been overruled, and the case disposed of on its merits.
The matter of set-off, insisted upon by the administrator, was perfectly proper to be deducted from any proportionate amount of rent, if any at all, due to Turner, appellee. There is nothing else worthy of notice in the record. What we have said indicates the true course the case should take on the hearing on the merits. - ,
Reversed and remanded.
Reference
- Full Case Name
- William L. Caston, Administrator v. Horace G. Turner
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Interpleader. Pleadings. Code 1906', § 772. Landlord and tenant. Agricultural products. Lien for rent. Conversion. Where in a suit at law, the defendant interpleads a third person, under Code 1906, § 772, providing for interpleaders, and the interpleaded party propounds his claim in writing, stating substantially and clearly his right to the property or funds involved, the claim is not demurrable because it contains surplusage and immaterial matter, nor because it fails to conclude either with a verification or to the country. 2. Same. Interpleaded party’s righfs. Set-off. Where in a suit by a landlord to recover rent from a third person who had converted to his use agricultural products subject to a statutory lien to secure the rent, the defendant having paid the proceeds of the products into the court and interpleaded a third party, the latter may plead by way of set-off a liability of like character due him from the plaintiff.