32-11-02. Voluntary deposit in court of property adversely claimed
Whenever two or more persons make claim for the whole or any part of the same money,
personal property, or effects in the possession or control of any other person as bailee or
otherwise, and the right of any such claimant is adverse to the right of any other claimant, or is
disputed or doubtful, and the bailee, custodian, or person in control of any part of such property,
money, or effects is unable to determine to whom the same rightfully belongs, or who is rightfully
entitled to the possession thereof, or whenever such bailee, custodian, or person in control has
notice or knowledge of any right or claim of right of any person in or to any part of such property,
money, or effects adverse to the right of any other claimant therefor, or whenever any debt,
money, property, or effects owing by or in the possession or under the control of any person
may be attached by garnishment or other process, and there is any dispute as to who is entitled
to the same or any part thereof, in any such case the person in the possession or control of any
such property, money, or effects:
1. If an action in any form has been commenced for or on account of, or growing out of
the same, or in which the same has been attached as aforesaid, may pay such money
or deliver such property or effects to the clerk of the court in which any such action
having reference to said money, property, or effects, or the value thereof, may be
pending, or out of which any garnishment or other process may issue with reference
thereto.
2. If no such suit is commenced, may apply to the district court of the district where such
property, money, or effects may be situated, and upon showing to the satisfaction of
the court the existence of facts bringing such person within the operation of this
section, such court shall make an order designating a depositary with whom such
property, money, or effects may be deposited by the applicant for such order.
In either case such person in the possession or control of such property, money, or effects at
once shall notify personally or by registered or certified mail all persons of whose claims such
person may have notice or knowledge, having or claiming any interest, property, lien, or right in,
to, or upon such property, money, or effects, of such deposit, and upon giving such notice the
person so depositing the same thereupon shall be relieved from further liability to any person on
account of such property, money, or effects, but such depositor may be required upon the
application of any party interested therein to appear and make disclosure before the court in
which any such action may be pending or by which any order designating a depositor may be
made concerning such property, money, debts, or effects held, controlled, or owed by the
depositor. If the address of any persons having or making any claim as aforesaid cannot be
ascertained, an affidavit to that effect shall be filed with the depositary, and the giving of such
notice shall not be required in such case.
