Public-domain · open source
OpenJurist

Bill for foreclosure

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

One which is filed by a mortgagee against the mortgagor, for the purpose of having the estate sold, thereby to obtain the sum mortgaged on the premises, with interest and costs.

1 Madd. Ch. Pr. 528,

Bill in nature of a hill of review

A bill in equity, to obtain a re-examination and reversal of a decree, filed by one who was not a party to the original suit, nor bound by the decree.

Bill in nature of a hill of revivor

Where, on the abatement of a suit, there is such a transmission of the interest of the incapacitated party that the title to it, as well as the person entitled, may be the subject of litigation in a court of chancery, the suit cannot be continued by a mere bill of revivor, but an original bill upon which the title may be litigated must be filed. This is called a "bill in the nature of a bill of revivor." It is founded on privity of estate or title by the act of the party. And the nature and operation of the whole act by which the privity is created is open to controversy.

Story, Eq. Pi. §§ 378-380 ; 2 Amer. & Eng. Enc. Law, 271.