William Sanders and Wilkinson Yates file a bill of interpleader, asking the court to restrain James Alexander and William Dodd from collecting a judgment and execution. In 1854, John Moss, now deceased, rented the Washington Hall, "a house of public entertainment," for $300. Soon after he took possession, Moss rented the stables to Jacob Rutledge for $100; Rutledge then rented the stables to the petitioners at the rate of $75 for the remainder of the year. Moss then executed a deed of trust "for the purpose of securing and saving harmless the said William Dodd and Jacob Rutledge in their surityship for him upon the said rent notes." By the terms of the deed, Moss "bound himself to carry on the business of the Hotel," applying the profits to the rent and the hiring of the slaves employed in the hotel. Shortly thereafter, Dodd, one of Moss's securities, served a written notice to the petitioners ordering them "not to pay to the said Rutledge or any other person any part of said rent, that he would look to them for the payment of the same" because Rutledge was indebted to Dodd. Then Moss died insolvent, having neglected to pay the rent or the hire of the slaves. After Moss's death, Rutledge transferred the $75 note to James Alexander, one of the defendants, who has brought suit against the petitioners for payment. Now, both Dodd and Alexander are demanding $75 from the petitioners. The petitioners "are at a loss to know to whom they ought to pay said rent," and they ask the court make a determination of the same.
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Repository: Tennessee State Library and Archives, Nashville, Tennessee
