§ 3910 — Disclaimer of interest by defendant; interpleader

The defendant in any action brought in the Superior Court for the recovery of money, or of any goods, chattels, or the value thereof in damages, which shall have come lawfully to the defendant’s hands or possession, may, at any time after the complaint is filed, and before the answer is filed, by a suggestion to be filed of record, disclaim all interest in the subject matter of such action, and offer to bring the same into court, or to pay or dispose thereof as the Court orders. If the defendant also alleges, under oath or affirmation, that the right thereto is claimed by or supposed to belong to some person not party to the action (naming such person), who has sued or is expected to sue for the same, or shows some probable matter to the Court to believe that such suggestion is true, the Court may, thereupon, order the plaintiff to interplead with such third person, and make such rules and orders in the cause, and issue such process for the purpose of making such third person party to the action, and for carrying such proceeding to interplead into full and complete effect, and may render such judgment or judgments thereon as shall be agreeable to the rules and practice of the law in like cases.

Legislative History

17 Del. Laws, c. 218 ; Code 1915, § 4201; Code 1935, § 4679; 10 Del. C. 1953, § 3910; 70 Del. Laws, c. 186, § 1