24 S.E.2d 102 | W. Va. | 1943
George S. Arnold, D. A. Arnold, and J. Sloan Arnold, Trustees for the Arnold Coal Company, a corporation, filed their bill of complaint in the Circuit Court of Mineral County against D. A. Arnold (as an individual), Gladys B. Likin, E. L. Judy, executor of the estate of David Arnholt, deceased, and P. J. Davis, assignee of George S. Arnold, Receiver of The First National Bank of Keyser, *315 each a claimant to the sum of $535.70 which plaintiffs hold and which they, by their bill of complaint, seek direction as to whom the money shall be paid. By its express allegations the bill purports to be one of interpleader. The circuit court sustained the demurrer of the said P. J. Davis, assignee as aforesaid, for the reason that "it appearing upon the face of the bill filed in this cause that D. A. Arnold, Trustee, one of the plaintiffs, * * * is also a party defendant and a claimant to the funds in the hands of the Trustees", and certified its ruling here.
The bill alleges that in 1934, the Arnold Coal Company, at a stockholders' meeting, named plaintiffs as trustees and directed its officers to convey, by deed of trust, all the corporate assets to such trustees for the purpose of winding up the affairs of the corporation. Pursuant thereto the coal company conveyed to the plaintiff trustees its assets which, at least in part, consisted of timber and timber rights on a 986-acre tract of land. Sale thereof was made by the trustees in conformity with the provisions of the deed of trust, and the trustees now hold the sum of $535.70 representing a distributive share of the preferred stock of the corporation, belonging to J. Sloan Arnold, which sum each of the aforenamed defendants claim: Arnold, as assignee under an assignment made by J. Sloan Arnold, and the other defendants as judgment creditors of said J. Sloan Arnold.
The instant certificate presents the question whether a suit may be maintained where one of three plaintiff trustees is named individually as a party defendant who, as against his co-defendants, claims the fund in controversy. Counsel for plaintiffs cite us to Rodes, Admr. v. Rodes et al., 24 Gratt. (Va.) 256, where plaintiff as administrator joined himself with other defendants, and to Cann v. Cann,
In this jurisdiction, the general rule that a plaintiff, in *316
a bill of interpleader, must occupy an impartial position respecting the fund he seeks to have litigated between the various claimants thereto has been applied. Amos, Sheriff v.Angotti,
We cannot, however, overlook the fact that this is, in substance, a bill by trustees seeking the direction of a court of equity in a matter of paying the money constituting the fund in their hands, to the rightful claimant. That is the legal responsibility not only of the trustees collectively, but also of each trustee individually. The jurisdiction of courts of equity to lend such aid is well established. 21 C. J., subject, Equity, Section 93b. In Downs v. Long Timber and LumberCompany,
We so answer the question certified, and reverse the ruling of the trial chancellor.
Reversed.