Is there any authority for the proposition that only those parties to the interpleader issue have to contribute to contest adverse claims?
Saskatchewan, Canada
The following excerpt is from Cuming v. Stroud, 1961 CanLII 268 (SK CA):
I am of the opinion that Edwards v. Sewell, supra, is not authority for the proposition stated. Sec. 12 of The Creditors’ Relief Act, quoted supra, specifically provides that only those creditors who are parties to the interpleader issue, and who agree to contribute pro rata in proportion to the amount of their executions or certificates to the expense of contesting adverse claims, shall be entitled to share in any benefit resulting from the contests. Creditors who refuse to accept the risk of disputing the adverse claims in the issue, if one is directed, are in a deferred position.
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