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If the party dispute the validity of the supposed encumbrance, the purchaser may, by petition, compel such party and the supposed encumbrancer to interplead, unless the parties produce and file a disclaimer or receipt from such supposed encumbrancer.

Code 1858, § 3312; Shan., § 5061; Code 1932, § 9216; T.C.A. (orig. ed.), § 23-2140.