Title 23, Chapter 3, Section 90
( 23-3-90)
(a) Whenever a person is possessed of property or funds or owes a
debt or duty, to which more than one person lays claim of such a
character as to render it doubtful or dangerous for the holder to
act, he may apply to equity to compel the claimants to interplead. (b) If the person bringing the action has to make or incur any
expenses in so doing, including attorney's fees, the amount so
incurred shall be taxed in the bill of costs, under the approval of
the court, the court in its discretion determining the amount of the
attorney's fees, and shall be paid by the parties cast in the action
as other costs are paid. |