Evening journal., 1914-02-13

1918; that the money taken from
the person Of Homer c. Virgins
after his death, and the money
found on the premises occupied
by his mother. as aforesaid, has
since that time been held by your
complainant until its ownership
could be established.
Third-That your complainant
is informed, and believes, and
thereon AYERS, that Homer G.
Wigeins, as an escaped convict,
did on or about the tenth day of
September A. ID. 1918, steal from
the said Wilmington g. Philadel-
phia Traction Company, one Of
the above named defendants, the
sum Of s1S39.21.
Fourth-That the said sum OF
money so taken by the complain
ants. police department. from
the person of Homer G. Virgins.
and the said sum Of money found
on the premises Of the mother of
Homer c. Virgins. have been
held by your complainant until
their ownership could be estab-
lished.
Fifih-That the Wilmington
and Philadelphia Traction Com
pany claims that all of the said
money is the money that was
stolen from it by the said Hom-
er C. Wiggins, and is therefore
its property, while David S. Mar
vel. administrator of the estate
of Homer c. Virgins, claims that
the said money belongs to the
said estate of Homer G. Virgins.
Sixth That the complainant has
no interest, title or claim in and 10
the sum Of sl.2l6.55 save only costs
incurred in and about this cause. and
the right OF title thereto rests now
or ultimately In one of the said de-
PENDANTS. but In which one your or
ator is unable TO determine; chat
your orator has incurred no per-
sonal Inability to either of the said
defendants other than the liability
created under and by virtue of the
fact that it removed and took pos
session, as it rightfully might of the
said money as herein before SET
forth. but IS now put in hazard and
danger by reason of the conflicting
claims of the said defendants.
Seventh-That there is now due
from the complainant, by reason
OF the possession OF the money
as aforesaid. the sum of S1,21G So
and the complainant is, and at all
times has been ready and willing
to pay the same to whomsoeveI
shall be entitled thereto, but by
reason of the fact that both of the
defendants persist i'm the adverse
claims and threaten to proceed al
law against the complainant foi
the recovery of the said sum OF
Sl2l6.55, complainant is advised
that it cannot with safety pay th'
same TO either OF the said defen
dants. but that they ought to IN
terplead together touchini
their right to the said sum u
order that the complainant ma
know to whom the sum ought g
be paid, and that the defendant
ought to be restricted by tn
order and injunction OF this hon
orable court from prosecutne
proceeding in or commencing an
law or actions at law agains
complainant. for or In respect 9
the matters aforesaid.
Eighth-That your orator
ready ana willing TO pay, an
! hereby offers to pay, the said sun
of S1.216.55 to thar one OF IN
defendants who may be deter
mined by a decree of this non
orable court to be entitled there
no. or TO pay the said sum Z
st 21G.55 into this court an
await the determination by tni
cours of the person or person
VINO may be rightiuiiy enuue
thereto.
Ninth-That your orator
without any plain. complete
q adequate remedy at law or othel
II ,0ise. save by the interpositio
II of this honorable court
NJ The petition further sets out
.sa de.endants may be decreed by
Icor,4 to interplead. settle ard ac
nbetVeen themselves tho'r rights
/ eiailn ia and TO the Si,@l0.ss.
| 81 Also that the said defendants
| f tt,a,,. snav ho noruatIl