Bill For Foreclosure

In equity practice

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.

See "Foreclosure." BILL IMPEACHING A DECREE FOR fraud.

In equity practice

This must be an original bill, which may be filed without leave of court.

1 Schoales & L. 355; -2 Schoales & L. 576; 1 Ves. Jr. 120; 3 Brown, 74; 1 Turn. & R. 178.

BILL IN NATURE OF A BILL IN REview. One which is brought by a person not bound by a decree, praying that the same may be examined and reversed; as where or had not an interest sufficient to render the decree against him binding upon some person claiming after him. The term is used in two senses: (1) A bill brought by one not a party to a decree, to obtain the reversal thereof. Adam, Eq. 419. (2) A bill to set aside a decree on the ground of fraud.

48 Mich. 375.

BILL IN NATURE OF A BILL OF REvlvor. One which is filed when the death of a party, whose interest is not determined by his death, is attended with such a transmission of his interest that the title to it, as well as the person entitled, may be litigated in the court of chancery; as, in the case of a devise of real estate, the suit is not permitted to be continued by bill of revivor. In such cases, an original bill, upon which the title may be litigated, must be filed, and this bill will have so far the effect of a bill of revivor that, if the title of the representative by the act of the deceased party is established, the same benefit may be had of the proceedings upon the former bill as if the suit had been continued by bill of revivor.

Story, Eq. PL §§ 378- 380; 2 Paige (N. Y.) 358; 3 Atk. 217.

BILL IN NATURE OF A SUPPLEMENTal bill. One which is filed when the interest of the plaintiff or defendant, suing or defending, wholly determines, and the same property becomes vested in another person not claiming under him. The principal difference between this and a supplemental bill seems to be that a supplemental bill, is applicable to such cases only where the same parties or the same interests remain before the court; whereas an original bill in the nature of a supplemental bill is properly applicable where new parties, with new interests, arising from events occurring since the institution of the suit, are brought before the court Story, Eq. PI. § 345.