bill quia timet

This bill was, in its origin, merely a bill of discovery, and quia timet. Before the answer was filed, the original defendants are alleged to have sold the slaves, and, by that act, to have forfeited their life estate. The amended bill, therefore, prays a decree for the slaves themselves.

In equity practice. A remedy by bill in equity to protect rights against possible future injuries or impairment. One which is filed when a person is entitled to property of a personal nature after another's death, and has reason to apprehend it may be destroyed by the present possessor; or when he is apprehensive of being subjected to a future inconvenience, probable or even possible, to happen or be Upon a proper case being made out, the court will, in one case, secure the property for the use of the party (which is the object of the bill), by compelling the person in possession of it to give a proper security against any subsequent disposition or willful destruction, and, in the other case, they will quiet the party!s apprehension of future inconvenience by removing the causes which may lead to it. 1 Madd. Ch. Pr. 218; Blake, Ch. Pr. 37, 47; 2 Story, Eq. Jur. §§ 825, 851. See 9 Grat. (Va.) 398; 11 Ga. 570; 8 Tex. 337; 2 Md. Ch. Dec. 157, 442; 4 Edw. Ch. (N. Y.) 228; Bouv. Inst.

A bill to guard against possible future injuries and to conserve present rights from possible destruction or serious impairment. The limits of the application of the remedy are not clearly defined, but it rests on the principle of relieving the party and his title from some claim or liability which may, if enforced, entail serious loss. Such a bill may be filed when a person is entitled to property of a personal nature after another's death, and has reason to apprehend it may be destroyed by the present possessor; or when he is apprehensive of being subjected to a future inconvenience, probable, or even possible, to happen or be occasioned by the neglect, inadvertence, or culpability of another; or when he seeks to be relieved against an invalid title, claim, or incumbrance which has been created by the act of another. See 3 Daniell, Ch. Pr. 1961, n. Another illustration of the application of the remedy is in case of a counterbond; although the surety is not troubled for the money, after it becomes payable, a decree for its payment may be had against the principal, or when a trustee has incurred liability as the holder Upon a proper case being made out, the court will, in one case, secure the property for the use of the party (which is the object of the bill), by compelling the person in ion of it to give a proper security against any subsequent disposition or wilful destruction; and, in the other case, they will quiet the party's apprehension of future inconvenience, by removing the causes which may lead to it; 1 Madd. Ch. Pr. 218; 2 Story, Eq. Jur. §§ 825, 851. See Bill to Quiet Possession and Title; Bill of Peace.

A bill invoking the aid of equity "because he fears," that is, because the complainant apprehends an injury to his property rights or interests, from the fault or neglect of another. Such bills are entertained to guard against possible or prospective injuries, and to preserve the means by which existing rights may be protected from future or contingent violations ; differing from injunctions, in that the latter correct past and present or imminent and certain injuries. Bisp. Eq. § 568 ; 2 Story, Eq. Jur. § 826 ; Bniley v. South-wick, 6 Lans. (N. Y.) 364; Bryant v. Peteis, 3 Ala. 169 ; Randolph v. Kinney, 3 Rand. (Vat) 898.

Defined under Bill in Black's Law Dictionary.

A bill invoking the aid of equity “because he fears,” that is, because the complainant apprehends an injury to his property rights or interests, from ‘he fault or neglect of another. Such bills are entertained to guard aguinst possible or prospective injuries, and to preserve the means by whieh existing rights may be protected from future or contingent violations; differing from injunctions, in that the latter correct past and present or iniiminent and certain injuries. Bisp. Eq. § 568; 2 Story, Eq. Jur. § 626,

chancery practice. A bill quia timet, is one which is filed when a person is entitled to property of a personal nature after another's death, and has reason to apprehend it may be destroyed by the present possessor; or when he is apprehensive of being subjected to a future inconvenience, probable or even possible to happen or be occasioned by the neglect, inadvertence or culpability of another. Upon a proper case being made out, the court will, in the one case, secure for the use of the party the property, to secure which is the object of the bill, by compelling the person in the possession to give security for that purpose, against any subsequent disposition or wilful destruction, and in the other, they will quiet the party's apprehension of future inconvenience, by removing the causes which may lead to it. 1 Harr. Ch. Pr. 107; 1 Madd. Ch. Pr. 218; Blake's Ch. Pr. 37, 47.