§ 1050.Action Against One Person to Determine Adverse Claim and Against Two Or More to Compel One to Satisfy Debt Due Other
Title 14. Of Miscellaneous Provisions · Chapter 7. General Provisions · Enacted 1872 · no amendments on record · Last verified July 28, 2026
Full Text of § 1050
Plain-English Summary
This section describes two distinct actions bundled into one statute. The first lets a person sue another to resolve an adverse claim: the defendant asserts a claim against the plaintiff, for money or property, based on an alleged obligation, and the plaintiff can bring an action to have that claim determined by the court.
The second is narrower and specific to sureties. When a plaintiff is bound as a surety for a debt owed between two other people, the plaintiff can bring an action against both of them to compel the one who truly owes the debt to satisfy it, rather than leaving the surety exposed to pay it.
Both versions share a common purpose: letting a party force resolution of a claim or obligation rather than sitting exposed to it indefinitely. The surety scenario in particular anticipates the kind of relief later developed more broadly through interpleader-type remedies elsewhere in the code.
Frequently Asked Questions
What kind of claim can be resolved under the first part of § 1050?
An adverse claim the defendant makes against the plaintiff for money or property based on an alleged obligation.
What does the surety provision in § 1050 allow?
It lets a plaintiff who is bound as a surety sue two or more persons to compel the one who truly owes the debt to satisfy it, protecting the surety from having to pay.
Are these two actions the same procedure?
They share a statute but address different situations: one resolves a claim asserted against the plaintiff, the other forces payment of a debt between two other parties to protect a surety.
Amendment History
Enacted 1872.