88. Where interpleaded suit may be instituted.- Where two or more persons claim adversely to one another the same debt, sum’ of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful’ claimant, such other person may institute a suit of interpleader against all the claimants of the obtaining of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself:
Provided that where any suit is pending in which the rights of all parties car properly be decided, no such suit of interpleader shall be instituted.
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