bill in equity

it is a proceeding in the nature of a bill in equity to foreclose a mortgage, in which the facts as well as the law are to be decided by the court; and an appeal, and not a writ of error, was the appropriate mode of bringing the case before this court.

The complaint of a suitor in a court of equity, in form a petition, stating the case and praying for relief or discovery. It is in general the mode of beginning a suit, and corresponds to the declaration in an action at law. There are many kinds of bills, — original bills; bills not original; cross-bills, or bills brought by defendants against complainants or others; supplemental bills, or bills to supply a defect in the original bill which cannot be supplied by amendment; and other bills.

See Briuz, 4. BILL IN NATURE OF A BILL OF

or CHANCERY.

In equity pleading. A complaint in writing, under oath, in the nature and style of a petition, addressed to the Chancellor, or judge or judges of a court of equity, setting forth all the facts and circumstances upon which the complaint is founded, and praying for such equitable relief, or for such decree as the party may conceive himself entitled to, or the court may deem proper to grant. It is the usual mode of instituting a suit in chancery, and consists of certain parts which are fully explained in the books on equity pleading. After the bill has been drawn, signed by the complainant, and his or her solicitor and counsel, and sworn to, it is left with the clerk or other proper officer of the court to be filed, and this is what is termed filing a bill in equity. 3 Bl. Com. 442. See Mitford's Eq. Pl. (by Moulton, ed. 1849,) 7, 35—121, [33—101]. Story's Eq. Pl. §§ 7—48. 1 Daniell's Chanc. Pr. (by Perkins) 351—454. 1 Barbour's Chanc. Pr. 33—47. Bouvier, h. t. There are many varieties of bills, such as original bills, supplemental bills, bills of revivor, cross bills, bills of discovery, of interpleader, of review, and others, which are explained at length in the authorities above referred to.