Page:The Green Bag (1889–1914), Volume 18.pdf/600

SQUIRE ATTOM'S DECISIONS Judgment subject to various claims in cluding that of the original owner whose appearance was arranged for. BUCKINGHAM RAHM, for himself ( WM. LEATHERHEAD, for himsclj I

"• '

' ) WlLLETT.

WOOD WILLETT, for himself, and for the court.

Opinion by ATTOM, J. P.: I. In deciding this case the court has been considerably aided by the able argument of the inter pleader, Mr. Willett; and it is the court's intention to adopt the same to some extent in this opinion. And it is the court's opinion that other courts of last resort, at present and on down through the ages, cannot do better than to quote freely from his lan guage hereinafter introduced, when dealing with the maxim involved, or with anything else, especially as said interpleader is not protected by copyright. II. It is clear according to the explana tion of the true meaning of the maxim so rapidly arrived at by the author of the 54th edition of Mr. Shellfish's work that the fact that only equities are involved is not enough; but there must be no other ground for fav oring one equitable interest over another except the element of time. And it is not necessarily the time when the litigants come into the transaction, or when it affects them respectively; but rather it is the time when a litigant comes into an advantage by reason of some fact that controls and gives a prior ity cognizable in a court of equity. The above author, however, by an involved illus tration, seems to go outside the maxim re ferred to, and finds a result that appears grounded entirely on another equitable maxim. The court must, however, for obvious reasons, hold to the maxim in its entirety from "Qui" to "misunderstood," inclusive. III. To follow the language of Mr. Wil lett, it appears: "There is no objection to 'Buck' Rahm being a buck, or even a buck ram, or wearing buckskin, or buckram

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clothes too long in the buck, or whether Buck is a Buckeye, or has buckeyes, or buckteeth, or sells buckeyed bucking broncoes that have bucked him when he ought to have been bucking wood over a saw-buck with a buck-saw, or whether Buck shot a buck with B-B shot or with buck-shot, or whether Buck's buck-hound got the buck first and then Buck shot the buck with B-B shot instead of buck-shot, or whether Buck, wanting a buckboard, paid two bucks and owes three bucks; if Buck didn't buckle a bucker into the buckboard and fade away with his buck aggregation, even the simpleminded can see that Buck can't Bucking ham Rahm, or buckram, or ram his way through this court and the three bucking claims in this case amounting to several bucks more than the buckboard is worth, and get possession." IV. The plaintiff's title, such as it is, will have to be protected by this court, as well as the special properties claimed by the other parties, to say nothing of the original owner whose purchase money lien this court is looking forward to passing upon with a great deal of zest. This court points out that the interpleader, Willett, though the most recent party of all in the history of this buckboard episode, has the prior equity, though called simple-minded, and will re main in possession until his claim for assist ance to the constable is first settled as part of his costs, and may still hold the preambulating tangle of kindling wood — such as the buckboard appears from the court's viewpoint to be — against the defendant, Leatherhead, till his storage charges are paid. Then Leatherhead in turn can hold it against the plaintiff until the reward is paid. By the time all that is accomplished the original owner may have an equity to assert against the plaintiff for unpaid pur chase money. The court will certainly give him a chance even if it has to swear in a posse. V. Even if proven, the fact that the inter pleader is a perfumer is not material. His