OTHER FORMS OF EQUITABLE RELIEF. SECTION 112. DISCOVERY. Another basis of equitable jurisdiction, which was formerly of great importance, was the necessity of obtaining discovery from the opposite party. The relief in such cases is so closely connected with the form of relief, that the whole subject can be more conveniently treated under the subject of Equity Pleading.1 SECTION 113. NE EXEAT. The writ of ne exeat is a writ issued by a court of equity prohibiting a defendant in a suit before such court from going outside of the territorial jurisdiction of the court during the pendency of the suit. A bill of interpleader may be filed by a person who has in his possession property of which he does not claim ownership, but which is claimed by two or more persons. To sustain this action it is necessary that the claimants should derive their titles from the same common source, and that neither of them should derive his title from the person who holds the property. Upon proper showing the court will relieve the holder of the property of any personal liability upon his surrender of the property, and will order the parties to interplead to settle their respective rights. 1 Vol. 7, Sub. 22. The character and position of receivers have been thus described by a recent writer: "A receiver is a person standing indifferent between the parties, appointed by the court as a quasiofficer or representative of the court, to hold, manage, control, and deal with the property which is the subject-matter of or involved in the controversy, under the direction of the court, during the continuance of the litigation, either where there is no person entitled competent to thus hold it, as for example, in the case of an infant, or in the interval before an executor or administrator of a deceased owner is appointed; or where two or more litigants are equally entitled, but it is not just and proper that either of them should retain it under his control,-as, for example, in some suits between partners; or where a person is legally entitled, but there is danger of his misapplying or misusing it, as for example, in some suits against an executor or administrator, or, under some particular circumstances, in suits for the enforcement of a mortgage; or he is appointed in like manner and under like circumstances for the purpose of carrying into effect a decree of the court concerning the property, as, for example, a decree for winding up and settlement of a corporation, or the decree in a creditor's suit." |