Delaware, Lackawanna & Western Railroad v. Foster

Supreme Court of Pennsylvania May 8, 1905

Delaware, Lackawanna & Western Railroad v. Foster, 212 Pa. 66 (Pa. 1905)

61 A. 571; 1905 Pa. LEXIS 552

Brown, Elkin, Mestrezat, Mitchell, Potter

Opinion of the Court

Per, Curiam,

When the court below refused the interpleader it took away every ground on which the bill could be supported. The result of the court’s order is that the appellant is deprived of his rents under the lease, or his receipt of them is clogged with a burdensome restriction, upon no better ground than the *68allegation of the lessee that a third person, stranger to the lease, claims title and threatens suit. The owner of land cannot be turned out of possession, or what is the same thing his right to the rents be interfered with by any such short cut through the law. The burden is upon the newcomer who seeks to change the existing status.

Whether the complainant can under subsequent facts show a real and present danger of having to pay twice, need not now be considered, but the present bill lias nothing to sustain it.

Decree reversed and bill directed to be dismissed with costs.

Reference

Full Case Name: Delaware, Lackawanna & Western Railroad Company v. Charles D. Foster
Status: Published
Syllabus: Equity—Interpleader—Mines and mining—Royalties. The owner of land cannot be turned out of possession or bis collection of the rent be interfered with on a mere threat of a third party to sue his tenant. Where on a bill in equity for an interpleader it appears that the plaintiff is the lessee under a coal lease, and that the first defendant has been recognized for years as the rightful owner of the royalties, while the second defendant is a recent claimant, the court cannot, after having refused the interpleader prayed for, enjoin the first defendant from collecting the royalties by process of law, without first entering into a written agreement to refund the same if it shall be found that he is not entitled to them.