.^ \ CORNELL LAW' LIBRARY OlornpU ICam irtiool Hibrarg Cornell University Library KF8853.1.W59 Equity forms :state and federal /by Robe 3 1924 020 118 505 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924020118505 EQUITY FORMS STATE AND FEDERAL By ROBERT TREAT WHITEHOUSE Formerly United States Attorney for the District of Maine CHICAGO CALLAGHAN AND COMPANY 1921 COPYRIGHT 1921 BY Robert Treat Whitehouse PREFACE The purpose of this work is to furnish a practical and compre- hensive form book for the use of equity practitioners in all those states which still retain separate methods of equity proce- dure as distinct from code states which provide a uniform system of pleading for both equity and common law. The scope of the work includes equity proceedings in the Federal courts and in the courts of equity of the following states, which alone have sep- arate equity procedure, viz. : Alabama, Delaware, Florida, Illi- nois, Maine, Maryland, Massachusetts, ^ichigan, Mississippi, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Ten- nessee, Vermont, Virginia and West Virginia. Of these states Alabama, Delaware, Mississippi, New Jersey and Tennessee have separate chancery courts; in the remainder, and in the Federal courts, equity is administered by the same judges who preside on the law side of the courts but sitting as courts of equity. The forms in each instance have been prepared with the help of qualified local practitioners in the various states, and should be authoritative and reliable. In many cases they have been held sufficient on demurrer. The formal parts of each pleading pecu-' liar to the practice of each state are first given and then forms and precedents under the several branches of equity jurisdiction derived from the practice of the different states. Forms particu- larly for use in the Federal court are placed together under a special heading. Outside of the formal requisites, the forms for each branch of jurisdiction will be found to have great similarity and may thus be used interchangeably, 1. e., if a satisfactory form is not found for Specific Performance, for example, under the practice of one state, a form taken from the practice of another may be inserted between the formal parts of the first, and be found available and sufficient. That this work as thus carried out, including as it does forms of the several states having separate equity jurisdiction, and of the Federal courts, and following closely the pleading and prac- tice of each, may not only be found a reliable guide for the active practitioner, but may also help somewhat to standardize, unify and improve equity procedure in this country, is the sincere hope of the author. Robert Treat Whitehouse. Portland, Maine. September 1, 1921. TABLE OF CONTENTS CHAPTER I POBMAL PARTS TO BILLS FORM PAGE 1. Bill of complaint (Ala.) 3 2. Affidavit for use where the bill asks injunction or receiver, or where plaintiff desires to overcome effect of a sworn answer (Ala.) 4 3. Foot-note to the bill (Ala.) > 4 4. Prayer for publication (Ala.) 4 5. Affidavit of non-residence accompanying above prayer (Ala.) ... 4 6. Bill of complaint (Del.) 5 7. Bill of complaint (Fla.) 5 8. Oath to bill (Fla.) 6 9. Bill of complaint (111.) 7 10. Bill of complaint (Me.) 7 11. Oath to bill (Me.) 8 12. Bill of complaint (Md.) 8 13. Bill of complaint (Mass.) 9 14. Bill of complaint (Mick) 9 15. Oath to bill (Mich.) 10 Bill of complaint (Miss.) 10 16. Bill of complaint (N. H.) 10 17. Bill of complaint (N. J.) 11 18. Bill of complaint (Pa.) 11 19. Bill of complaint (R. I.) 12 20. Bill of complaint (Tenn.) 12 21. Bill of complaint (Vt.) 13 22. Bill of complaint (Va.) 13 23. Oath to bill (Va.) 14 24. Bill of complaint (W. Va.) 14 SPECIAL FORMS FOR INTRODUCTORY PARTS 25. Partners .- 15 26. Surviving partner 15 27. Corporation — ^Domestic 15 28. Corporation — ^Foreign 15 29. Town or city 15 30. County 15 31. Executor 15 32. Administrator 16 33. Trustee of bankrupt 16 34. Infant , 16 35. Insane person 16 36. Creditor on behalf of self and others 16 37. Shareholder in behalf of self and others 16 38. Information by attorney-general 16 39. Information by attorney-general and relator 16 40. Information and bill 16 V vi TABLE OF CONTENTS SPECIAL FOEMS FOE SIGNATUEES FOBM PAGE 41. By guardian 17 42. By corporation 17 43. By town or city 17 SPECIAL FORMS OF PEATEE FOE PROCESS 44. Prayer for writ of injunction and subpoena 17 45. Prayer for writ ne exeat 17 46. Prayer for injunction (N. J.) 17 47. Prayer for injunction (111.) 18 48. Prayer for injunction (W. Va.) 18 49. Prayer for receiver 18 CHAPTER II BILLS EELATING TO MOETGAGES (1) BILLS TO EEDEEM FEOM MORTGAGE 50. Bill to redeem from foreclosure title obtained contrary to special agreement (111.) 19 50a. Bill by part owner to redeem from foreclosure of whole (111.) . . 22 51. (a) After demand and refusal to account (Me.) 24 52. (b) After tender and refusal to accept (Me.) 25 53. (o) Bill to redeem by administrator (Me.) 26 54. Bill to redeem leasehold (Md.) 27 55. (a) After payment, demand and refusal (Mass.) 28 56. (b) After tender and refusal to accept (Mass.) 29 57. After tender and refusal to accept (Mich.) 30 58. (a) After demand and refusal (N. H.) 31 59. (b) After tender and refusal to accept (N. H.) 32 60. After tender and refusal to accept (N. J.) 32 61. (a) Petition for satisfaction of a mortgage under act of March 31 1823 (Pa.*) 34' 62. (b) Petition under act of April 3, 1851 (Pa.) .' 34 63. (c) Petition under act of June 11, 1879 (Pa.) 35 64. (d) Bill for redemption from mortgage after tender and re- fusal (Pa.) 36 65. After tender and refusal to accept (E. I.) 37 (2) BILLS TO FOEECLOSE MORTGAGES 66. (a) Foreclosure of ordinary mortgage (Del.) 37 67. (b) Foreclosure of mortgage securing bond issue (Del.) 40 68. Bill for foreclosure of mortgage by executor (Fla.) 43 69. Foreclosure of deed of trust (111.) 46 70. (a) Bill to foreclose ordinary mortgage under general powers (Me.) 49 71. (b) Bill to foreclose railroad mortgage (Me.) 50 72. (a) Bill for foreclosure (Md.) ; 51 73. (b) Petition for foreclosure (Md.) 52 74. Foreclosure of corporation mortgage securing an issue of bonds (Mass.) 52 75. Bai for foreclosure (Mich.) 54 76. Bill to foreclose mortgage (N. H.) 59 77. Bill to foreclose mortgage (N. J.) 59 78. Foreclosure bill by trustee of a corporate mortgage securing a bond issue (Pa.) 61 79. Bill for foreclosure against guardian of minors (E. I.) 63 80. Bill to foreclose mortgage (Vt.) 65 TABLE OF CONTENTS vii rOBH PAGE 80a. Bill to enjoin foreclosure of mortgage (E. I.) 65 80b. Bill to enjoin mortgagor from depleting security (B. I.) 66 CHAPTER III BILLS TO BELIEVE FBOM FOBFEITTJBE 81. BiU to relieve from forfeiture of public franchise (111.) 68 82. Bill to enjoin forfeiture of hotel loase (Me.) 71 83. Bill to enjoin forfeiture of conditional sales agreement (Md.) ... 73 84. Bill to enjoin forfeiture of mining lease (Pa.) 74 CHAPTEB IV BILLS FOB SPECIFIC PEBFORMANCE OP C0NTBACT8 85. Bill by vendee of real estate (Del.) 76 86. Bill by vendee of real estate (111.) 77 87. (a) Bill by vendor or vendee of real estate (Me.) 79 88. (b) Bill by vendee against vendor and purchaser from vendor (Me.) 79 89. Bill by vendee of real estate after part performance (Md.) 80 90. Bill by vendor of real estate after part performance (Mass.) .... 81 91. Bill by vendee of real estate (Mich.) 82 92. Bill for specific performance of oral agreement where there has been part performance (N. H.) 83 93. Bill by vendor vpho has expended money on the real estate (N. J.) 84 94. Bill by vendee of real estate (Pa.) 86 95. Bill by vendee of real estate (B. I.) 87 95a. Bill for specific performance of a covenant in a sub-lessee 's lease (Mass.) 88 95b. Bill for specific performance of contract for sale of real and personal property where complainant was himself not ready to perform at agreed time (Mass.) 89 95c. Bill to enforce a contract (Mass.) 90 CHAPTEB V BILLS TO CANCEL VOID DEEDS AND DEEDS VOIDABLE FOB GEANTOE'S IGNOEANCE OB INCAPACITY 96. Bill to cancel deed voidable for grantor's ignorance of its nature (III.) 94 97. (a) Bill to cancel void deed and mortgage (Me.) 96 98. (b) Bill to cancel undelivered deed and record thereof (Me.) . . 97 99. BiU by devisee under will vs. grantee in deed to cancel deed for grantor's incapacity and his ignorance of its nature (Md.) 98 100. Bill to cancel deed of insane person (Mass.) 99 101. Bill by true owner to cancel deed of heirs of record owner (Mich.) 100 102. Creditor's bill to cancel void deed (N. H.) 102 103. Petition to cancel forged deed (Pa.) 103 104. Bill to cancel deed recorded but undelivered (B. I.) 104 105. Bill by principal to cancel agent's fraudulent deed (N. J.) 105 105a. Bill to cancel deeds as invalid under tax sale (Mass.) 106 105b. Suit in equity for rescission, and cancellation of contract (Mass.) 108 CHAPTER VI CEEDIT0B8' AND MINOBITY STOCKHOLDERS' BILLS TO OBTAIN BELIEF FROM FEATJD 106. Creditor's bill to set aside fraudulent conveyance (Del.) Ill 107. (a) Creditor's bill to set aside fraudulent conveyance (111.) .... 112 viii TABLE OF CONTENTS POEM PAGE 108. (b) Minority stockholders' bill against majority and officers in control (111.) 115 109. (a) Creditor's bill to set aside fraudulent conveyance to wife paid for by husband's money (Me.) 118 110. (b) Bill by trustee of bankrupt to set aside fraudulent con- veyance (Me.) 119 111. (a) Creditor's bill to set aside fraudulent conveyance (Md.) .... 120 112. (b) Minority stockholders' bill (Md.) 121 113. (a) Bill by trustee of bankrupt to recover fraudulent payments to insurance company (Mass.) 121 114. (b) Minority stockholders' bill (Mass.) 123 115. (e) Minority stockholders' bill (Mass.) 124 116. (a) Creditor's bill to set aside fraudulent conveyance (Mich.).. 126 117. (b) Minority stockholders' bill (Mich.) 127 118. (a) Creditor's bill to set aside fraudulent conveyance (N. H.). . 129 119. (b) Minority stockholders' bUl against the corporation, its direc- tors, and another corporation (N. H.) 130 120. (a) Creditor's bill to set aside fraudulent conveyance (N. J.).. 131 121. (b) Minority stockholders' bill (N. J.) 133 122. (a) Creditor's bill to set aside fraudulent assignment of lease (Pa.) 135 123. (b) Minority stockholders ' bill (Pa.) . . . .' 136 124. (a) BiU by trustee in bankruptcy to set aside preference and fraudulent conveyance (R. I.) 137 125. (b) Minority stockholders' bill (R I.) ,139 126. Creditor's bill to set aside a fraudulent conveyance (W. Va.) .... 141 CHAPTER VII CREDITORS' BILLS TO REACH AND APPLY PROPERTY 127. Creditor's bill to reach and apply an annuity (111.) 143 128. (a) Bill by judgment creditor in behalf of himself and others against railroad corporation and directors, to reach and apply funds fraudulently withheld (Me.) 144 129. (b) Creditor's bill to reach and apply property which cannot be come at to be attached (Me.) 147 130. (c) Creditor's bill to reach and apply property which cannot be attached and seeking to have absolute deed declared a mortgage (Me.) 148 131. (d) Bill to reach and apply amount due the debtor under an unfinished contract with a municipality (Me.) 149 132. Bai to reach and apply a patent right (Mass.) 151 133. Creditors' bill for discovery of property and to reach and apply (Mich.) 152 134. Creditors' bill to reach and apply lands of a non-resident (N. J.) 155 135. Creditor's "bill of discovery" (Pa.) 156 136. Interrogatories for the examination of the above named defend- ants (Pa.) 157 137. Creditor's bill to reach and apply legacy due a non-resident (^- I) 158 138. Creditor's bill to reach and apply debtor's iuterest in note of non-resident (Tenn.) 159 138a. Bill to reach and apply under R. L. chapter 159, section' 3J clause 7 (Mass.) 160 138b. Bill by judgment creditor for setting aside of conveyance, sale of property and satisfaction of debt (N. J.) 161 CHAPTER VIII BILLS RELATING TO TRUSTS 139. Bin to enforce resulting or constructive trust (Del.) 164 140. (a) Bill for appointment of trustee (111.) 165 141. (b) Bill for removal of trustee (111.) 167 TABLE OF CONTENTS ix FORM PAGE 142. (c) Bill to enforce constructive trust (lU.) 168 143. (a) Bill for appointment of trustee (Me.) : 171 144. (b) Bill for removal of trustee (Me.) 172 145. (o) Bill for discharge of trustee (Me.) 173 146. (d) Bill to enforce oral declaration of trust (Me.) * 174 147. (e) Bill to enforce a resulting trust for money had and received (Me.) 176 148. (a) Bill for appointment of trustee (Md.) 178 149. (b) Petition for removal of trustee (Md.) 179 150. (c) Bill to enforce resulting or constructive trust (Md.) 179 Jurisdiction over trusts (Mass.) 180 152. (a) Petition for appointment of new trustee in place of one ' removed by death (Mass.) 180 153. (b) Petition for appointment of trustee without bonds (Mass.) . 180 154. (c) Petition for the appointment of a trustee who is designated in a will (Mass.) 181 155. (d) Petition for removal of trustee (Mass.) 181 156 (e) Bill to establish constructive trust (Mass.) 182 157. Bill for an accounting and for appointment of new trustees (Mich.) 183 158. Bill to enforce resulting or constructive trust (N. H.) 185 159. Bill to establish trust and appoint trustee (N. J.) 185 160. (a) Petition for appointment of trustee '(Pa.) 187 161. (b) Bill for accounting against trustee (Pa.) 187 162. (c) Bill to establish constructive trust (Pa.) 188 163. (a) Petition for appointment of trustee (E. I.) 189 164. (b) Bill for appointment of trustee (R. I.) .* 190 165. (b) Bill for removal of trustee (E. I.) 191 166. (c) Bill to enforce resulting trust (E. I.) 192 167. (a) Bill to remove trustee under deed of assignment (W. Va.) . . 192 168. (b) Bill to enforce express trust (W. Va.) 194 168a. Bill to establish resulting trust (Mass.) 195 168b. Suit to enforce trustee's liability (Mass.) 199 168e. Bill to enforce trust by a beneficial owner of savings bank book where alleged trustee is deceased (Mass.) 202 168d. Bill to terminate trust (E. I.) 204 168e. Bill to modify terms of trust for support of minors (R. I.) . . . . 205 168£. Bill by trustee for instructions (E. I.) 207 CHAPTER IX BILLS TO SET UP LOST OR DESTROYED DEEDS OR OTHER INSTRUMENTS 169. Bill to set up lost promissory note (111.) 210 170. (a) Bill to set up lost deed (Me.) 211 171. (b) BiU to recover amount due on bonds lost by theft (Me.) . . . 212 172. Bill to set up lost deed or other instrument (Md.) 213 173. Bill to recover possession of document seized 'by grantor (Mass.) 213 174. BUI to set up deed lost or destroyed while in grantor's custody (Mich.) 215 175. Petition for issue of stock certificate to replace lost certificate (N. H.) 216 176. Bill to set up lost or stolen bond (Pa.) 217 177. BUI to set up lost deed (R. I.) 218 179. Bill to set up a lost will (W. Va.) 219 CHAPTER X BILLS TO REFORM OR CANCEL WRITTEN INSTRUMENTS FOR MUTUAL MISTAKE OR FOR FRAUD IN THE CONSIDERATION 180. (a) Bill by grantor to reform description in deed (Del.) 220 181. (b) BiU to cancel non-negotiable obligation and restrain action at law. (Del.) 221 X TABLE OF CONTENTS rORM PAGE 182. (c) Bill to cancel release (Del.) 223 183. (a) Bill to reform inBtrmnent by adding a seal (111.) 225 184. (b) feill by lessee to cancel lease for mutual mistake (111.) 228 185. (a) Bill by grantor to reform deed by inserting exception of certain lots (Me.) 230 186. (b) Bin to correct mistake in will (Me.) ^ . . 231 187. (a) Bill to reform mistake in deed or other instrument (Md.) . . 232 188. (b) Bill to cancel instrument (Md.) 233 189. (a) Bill by grantor to reform description in a deed (Mass.) . . 233 190. (b) Bill to cancel discharge of mortgage (Mass.) 234 191. Bill by grantee to reform description in deed (Mich.) 236 192. Bill by grantee to reform description in deed (N. H.) 237 193. BUI by grantee to reform description in a deed (N. J.) 238 194. (a) BiU by- grantor to reform deed by adding reservation of mineral rights (Pa.) 241 195. (b) BUI to cancel receipt given by mistake (Pa.) 242 196. (a) BUI by grantor to have absolute conveyance reformed into mortgage (R. I.) 244 197. (b) BUI by grantor to cancel trust deed (E. I.) 245 198. BUI by grantor to reform deed by inserting a reservation of timber rights, (Vt.) 247 199. Bill by grantor to reform description in deed (W. Va.) 248 CHAPTER XI . BILLS TO ENJOIN NUISANCES 200. Bill to enjoin obstruction of private right of way (Del.) 251 201. Bill by adjoining landowner to enjoin Ulegal saloon (111.) 253 202. (a) BiU by riparian owner to enjoin poUGtion of river (Me.) . . 256 202a. (b) Bill after judgment to compel removal of an encroachment upon a wharf (Me.) 257 203. BiU by adjoining land owner to restrain operation of machinery (Md.) 259 204. Bill to compel removal of waU encroaching upon land with regis- tered title (Mass.) 260 205. Petition to enjoin gaming and liquor nuisance (N. H.) 261 206. BUI by property owners to enjoin slaughterhouse (N. J.) 261 207. Bill by property owner to enjoin oil refinery (Pa.) 263 208. Bill by adjoining land owner to enjoin livery stable (E. I.) . . . . 266 209. BiU by citizen to enjoin Ulegal saloon (W. Va.) 267 209a. Information attorney general to enjoin trapshooting club as a public nuisance (Del.) 269 CHAPTER XII BILLS AND PETITIONS FOE PAETITION OP EEAL ESTATE Jurisdiction in partition of real estate (Del.) 275 214. BiU for partition, for accounting by person in possession, and for receiver (111.) 275 215. (a) BUI for partition by sale of premises (Me.) 278 216. (b) Bill for partition by sale with prayer for receiver (Me.) . . . 279 217. Bill for partition among heirs (Md.) 280 Partition proceedings among heirs or tenants in common (Mass.) 281 218. BUI for partition among heirs (Mich.) 281 219. (a) Bill for partition under statute (N. H.) 282 220. (b) BiU for partition under general equitable jurisdiction (N. H.) 282 221. Bill for sale and partition among heirs (N.- J.) 283 222. BiU for partition among heirs (Pa.) . . . !( 284 223. Bill for partition between tenants in common (E. I.) 286 224. BiU for partition among heirs (W. Va.) 286 TABLE OP CONTENTS xi CHAPTER XIII BILLS FOR DISSOLUTION OF PARTNERSHIP AND ACCOUNTING FORM PAGE 225. Bill by partner for an accounting without dissolution (Del.) . . . 288 226. Bill for dissolution of partnership and accounting (111.) 290 227. (a) Bill for dissolution of partnership where impossible to con- tinue successfully (Me.) 292 228. (b) Bill for dissolution for misconduct of partner (Me.) 293 229. (c) Bill seeking partnership account after dissolution by mutual consent (Me.) 294 230. Bill for the dissolution of a partnership, for a receiver, for an order to bring money into court, and for an injunction (Md.) 295 231. Bill for dissolution and accounting (Mass.) 297 232. Bill for injunction, receiver, accounting and dissolution (Mich.) . 297 233. (a) Partner's bill for accounting and dissolution (N. H.) 299 234. (b) Partner's bill for dissolution of partnership and appoint- ment of receiver (N. H.) 300 235. (c) Creditor's bill for dissolution of partnership and account- ing (N. H.) 301 236. Bill for injunction, receiver, accounting and dissolution (N. J.) . 302 237. BUI for injunction, receiver, accounting and dissolution (Pa.) . . 304 238. Bill for injunction, receiver, accounting and dissolution (R. I.) . . 305 239. Bill for injunction, receiver, accounting and dissolution (Vt.) . . . 306 240. Bill for injunction, receiver, accounting and dissolution (W. Va.) 309 CHAPTER XIV BILLS TO ENJOIN ACTIONS AT LAW OR TO RESTRAIN THE ENFORCEMENT OF JUDGMENTS 241. Bill to restrain enforcement of scire facias (Del.) 311 242. Bill to enjoin the entering of judgment after verdict and to establish an equitable set-off (Fla.) . . .' 314 243. Bill to restrain enforcement of writ of restitution (HI.) 316 244. BiU to restrain enforcement of paid judgment (Me.) 317 245. Bill by discharged insolvent debtor to restrain enforcement of a judgment (Md.) 318 246. Bill to enjoin action at law on written contract (Mass.) 318 247. Bill to enjoin action at law on replevin bond (Mich.) 320 248. Bill to enjoin action at law (N. H.) 321 249. Bill to enjoin action at law (N. J.) 323 250. Creditors' bill to restrain enforcement of judgment obtained in fraud of creditors (Pa.) , 325 251. Bill by defendant in action at law, not properly served with process therein, to enjoin the action of law (R. I.) 327 252. Bill to enjoin action at law upon a fraudulent award by arbitra- tors (Vt.) 329 253. Bill to restrain enforcement of fraudulent judgment (W. Va.) . . 331 253a. Bill to establish a partnership interest in a judgment and re^ strain payment of same (N. J.) 332 CHAPTER XV BILLS TO REMOVE CLOUDS ON TITLE 254. Statutory biU to quiet title (Ala.) 335 255. Bill by devisees to remove cloud on title caused by ambiguity in will (Del.) .- 335 256. Bill to remove cloud on title (Fla.) 337 257. Bill to remove cloud on title caused by tax deeds (111.) 339 258. BUI to remove and prevent doud on title caused by unrecorded deed (Me.) 341 xii TABLE OP CONTENTS FOEir PAGE 259. Bill to remove cloud on title caused by recorded but undeliTered trust deed (Mass.) 342 260. Bill to remove cloud on title caused by recorded voluntary deed (Md.) 344 260a. Bill to cancel lapsed option agreement as a, cloud on title (Mieh.) 345 261. Bill to remove cloud on title (N. J.) 346 262. Bin by devisee to remove cloud on title (Pa.) 347 Bill to remove cloud on title (E. I.) 348 263. Bill to remove cloud on mortgagee's foreclosure title caused by mortgagor 's subsequent deed (Vt.) 348 264. Bill to remove cloud on mortgagee 's foreclosure title caused by a subsequent chancery proceeding (W. Va.) 350 264a. Bill to quiet title (N. J.) 352 CHAPTEE XVI BILLS FOE CONSTEUCTION OF WILLS 265. Bill of interpleader and for construction of will (DeL) 355 265a. Bill by testamentary trustees for instructions and for con- struction of will (IlL) 357 266. (a) Bill by legatee for construction of will (Me.) 359 267. (b) Bill by testamentary trustee for construction of will and for permission to change investments (Me.) 360 268. Bill to construe a will, and for further administration in a court of equity (Md.) 362 269. Bill by testamentary trustees for instructions regarding payment of interest (Mass.) 363 270. (a) Bill for construction of will (N. H.) , 366 271. (b) Bill to construe and annul condition in deed (N. H.) 366 272. Bill by testamentary trustees for instructions respecting dis- tribution of a fund (N. J.) 367 Bills for the construction of wills not used (Pa.) 368 273. Bill for construction of will (E. I.) 369 274. Bill to have a clause of a wiH declared void as creating a per- petuity (W. Va.) 370 CHAPTEE XVn BILLS AND PETITIONS FOE THE DISSOLUTION OF COEPOBA- TIONS AND FOE THE APPOINTMENT OF EEOEIVEES OF INSOLVENT COEPOEATIONS 275. (a) Bill for the appointment of receiver of insolvent corpora- tion (Del.) 372 276. (b) Bill to dissolve banking or insurance corporation (Del.) . . 373 277. Creditors' bill for dissolution of corporation and to enforce stock- holders' liability (HI.) 374 278. (a) Bill for dissolution of corporation with assets (Me.) .... 376 279. (b) Bill for dissolution of corporation without assets (Me.) . . . 377 280. (c) Bill by insurance commissioner to dissolve insurance com- pany (Me.) 377 281. (d) Bill by bank examiner to dissolve savings bank (Me.) 378 282. (e) Bill for dissolution of corporation under public laws of 1905, Ch. 85 (Me.) 379 283. (a) BiU for dissolution of corporation (Md.) 380 284. (b) Creditors' bill for dissolution and for appointment of re- ceiver of insolvent corporation (Md.) 381 285. (a) Petition for dissolution of corporation (Mass.) 382 286. (b) Stockholders' petition for receivership to preserve assets of corporation (Mass.) 382 287. Bill for dissolution of corporation (Mich.) 383 TABLE OP CONTENTS xiii rOEM PAGE 288. Petition for dissolution of corporation (N. H.) 384 289. Bill for appointment of receiver of insolvent corporation (N. J.) 385 290. Petition for dissolution of corporation (Pa.) 387 291. (a) Petition for dissolution of corporation (E. I.) 388 292. Petition for dissolution and appointment of receiver (R. I.) . . . 389 293. (1) Creditor's bill to dissolve a corporation (W. Va.) 390 294. (2) Creditor's bill to reach property of expired corporation (W. Va.) : 393 294a. Bill by stockholders for receiver, dissolution of corporation and injunction (N. J.) 394 CHAPTER XVIII CREDITORS' BILLS TO ENFORCE STOCKHOLDERS' LIABILITY 295. Bill to enforce stockholders' liability and for appointment of receiver of defunct corporation (111.) 397 296. Bill to enforce stockholders' liability (Me.) 399 297. Bill by receiver to enforce stockholders' liability (Md.) 401 298. Bill to enforce double liability of stockholders in a banking cor- poration (Mass.) 402 299. BiU to enforce stockholders' liability, for accounting, and for appointment of receiver (Mich.) 403 300. BiU to enforce stockholders' liability and for appointment of receiver (N. H.) 406 BUI by receiver (N. J.) 408 301. Bill by assignees for creditors to enforce double liabUity of stockholders of insolvent bank (Pa.) 409 302. BUI to enforce stockholders ' liability (E. I.) 410 303. Creditors' bUl to enforce stockholders' liability in an insurance company (Vt.) 411 CHAPTER XIX BILLS TO ENFORCE LIENS 304. BUI to enforce tax lien (Fla.) 414 305. BUI to enforce a lien under mechanics' lien law (111.) 415 306. BUI to enforce lien on buUding and lot under R. S. (1903) Ch. 93, Sees. 29-31 (Me.) 417 307. Bill to enforce a lien under mechanics' lien law (Md.) 419 308. BUI to enforce lien on security (Mass.) 419 309. BiU to enforce a lien for materials (Mich.) 422 Enforcement of liens (Pa.) 424 310. BUI to enforce a lien for materials and labor and to cancel a voluntary deed as against the lienholder (R. I.) 424 311. (1) Creditors' bill to enforce a judgment Uen (W. Va.) 427 312. (2) Bill to enforce mechanics' lien (W. Va.) 428 312. (a) BiU in equity to compel repayment of money by certain persons (Mass.) 429 312. (b) BiU in equity to enforce an equitable assignment of money to be received by the maker of certain promissory notes (Mass.) 432 312. (e) BUI in equity to recover property stolen from plaintiff which is in custody of poUce, etc. (Mass.) 434 312. (d) BiU in equity to restrain unlawful use of burial lot (Mass.) 436 312. (e) BUI in equity to locate right of way that is undefined (Mass.) 437 312. (f ) Suit in equity by members of a labor union which had made certain agreements (Mass.) 438 312. (g) Bill to enjoin disclosure of trade secrets (N. J.) 439 312. (h,) Bill for assignment of dower (R. I.) 441 xiv TABLE OF CONTENTS rORM PAQB 312. (i) Bill by an insurance company for an injunction to restrain trustee in bankruptcy from prosecuting in Minnesota and Xew Hampshire lie same case now pending in Bhode Island (B. L) 442 312. ( j) Bill to enjoin violation of trade agreement (E. I.) 445 312. (k) BUI of discovery (B. I.) 446 312. (1) Petition imder statute for change of investment under charitable trust (E. I.) 448 CHAPTEE XX BILLS OF INTEEPLEADEE Bill for construction of will (Del) 452 313. Bill of interpleader in respect to sum due under building con- tract (m.) 452 314. Bill of interpleader in respect to savings bank deposit (Me.) . . . 454 315. Bin of interpleader in respect to bank deposit (Md.) 455 316. Bill of interpleader in respect to shares of stocks (Mass.) 457 317. Bill of interpleader in respect to sum due for purchase price of chattels (Mich.) 458 318. Bill of interpleader in respect to dividends due on shares of stock (N. H.) 459 319. Bill of interpleader by fire insurance company (N. J.) 460 320. Bill of interpleader in respect to savings bank deposit (Pa.) 463 321. Bill of interpleader in respect to bank deposit (E. L) 464 322. Bill of interpleader in respect to sum due on a promissory note (Tenn.) 466 323. Bill of interpleader in respect to sum due from vendee of real estate (W. Va.) 467 323a. Bill of interpleader (N. J.) 469 CHAPTEE XXI SXJPPLEMEXTAIi BILLS 324. Supplemental bill by assignee (HI.) 472 325. (a) Supplemental bill against trustee of a bankrupt (Me.)... 473 326. (b) Bill of revivor (before decree) by the administrator of the plaintiff in the original suit (Me.) 473 327. Supplemental or amended bUl to add a party (Md.) 474 328. Supplemental bill for relief in respect to facts occurring sub- sequent to filing of original bUl (Mass.) 474 329. Supplemental bill to enjoin suit at law brought by defendant subsequent to filing of original bUl (Mich.) 476 330. Addition by way of supplement to bill of complaint (N. J.) 477 331. Supplemental biU after decree (Pa.) 478 332. Motion in Superior Court to revive case which was disposed of by final decree in appellate division of Supreme Court (E. I.) . 479 333. (a) Supplemental bill ag^iinst trustee in bankruptcy (Tenn.) . . . 480 334. (b) Sup^mental bill of revivor against the heirs of deceased mortgagor (Tenn.) 480 335. Supplemental brU to add new parties (W. Va.) 481 335. C*) Bill in the nature of a supplemental bill to enjoin inter- ference with right of way (W. Va.) 482 335. (b) Supplemental bill in the nature of bill of review (Me.) . . . 484 CHAPTEE XXn CEOSS BILLS 336. Cross biU asking interpleader (HI.) 491 337. (a) Cross bill for defence merel/ (Me.) 492 TABLE OF CONTENTS - xv rORM PAOB 338. (b) Cross bill for affirmative relief (Me.) 493 339. Cross bill denying abandonment and praying for divorce o mensa et thoro on the ground of cruelty (Md.) 493 340. Cross bill for affirmative relief (Mass.) 494 341. Cross bill to enjoin proceedings on. original bill and to remove cloud on title (N. H.) 496 342. Cross bill (by minor defendant) (N. J.) 497 343. Cross bill to set up release (Pa.) 497 Cross bills not necessary (E. I.) 498 344. Cross biU to set up release (Tenn.) 498 345. Formal parts of cross bill (Vt.) 499 346. Cross bill for affirmative relief (W. Va.) 499 CHAPTEB XXIII BILLS OF EEVIEW 347. (a) Bill for review for both error apparent and newly discov- ered evidence (111.) 502 348. (b) Bill in the nature of review to impeach a decree for fraud (111.) 503 349. (a) Bill of review for error apparent (Me.) 505 350. (b) Petition for leave to file bill of review on discovery of new matter (Me.) 506 351. (c) Bill of review on discovery of new matter (Me.) 506 352. (d) Bill to impeach decree for fraud (Me.) 507 353. (e) Petition for review on ground of fraud, accident or mis- take, under R. S. Ch. 79, Sec. 38 (Me.) 508 354. Bill of review on discovery of new matter (Md.) 509 355. (a) Bill of review for error apparent (Mass.) 510 356. (b) Bill of review in common law judgment on discovery of new matter (Mass.) 512 357. (a) Bill of review on discovery of new matter (Mich.) 513 358. (b) BiU of review for error apparent (Mich.) 514 359. (a) Bill of review for error apparent (N. J.) 515 360. (b) Bill of review on discovery of new matter (N. J.) 515 361. Bill of review of decree allowing trustee's account (Pa.) 516 362. Bill for review on discovery of new matter (K. I.) 517 363. Bill of review for error apparent (Terin.) 517 364. BiU of review for error apparent in decree pro confesso (W. Va.) 518 CHAPTER XXIV DEMTJEREES GENERAL FORMS FOE CAUSES OP DEMUEREE APPLICABLE IN MOST JUEISDICTIONS 365. General demurrer to the whole biU for want of equity 520 Special Demueeees to the Jtjeisdiction 366. (1) Subject matter. Adequate remedy at law 520 367. (2) Person. Want of next friend or guardian in bill by infant. 520 368. (3) Amount. Sum involved beneath dignity of court 520 Special Demueeees to the Substance 369. (4) Want of interest in the plaintifE on bill to redeem 521 370. (5) Want of privity 521 371. (6) Want of interest in defendant, who is mere servant or agent 521 "2. (7) Want of claim of interest by defendant in bUl of inter- Dleader 521 xvi TABLE OP CONTENTS rOKlC PAGE 373. (8) Wrong special prayer withont a general prayer 521 374. (9) Want of partieular allegation of notice in bUl to reform deed 522 375. (10) Want of allegation that title has been previously estab- lished at law in bill to restrain nuisance 522 376. (11) Want of offer to pay amount due on bill to redeem 522 377. (12) Want of allegation of proof of will and qualification as executor in biU by latter 522 378. (13) Allegation of mere information and belief of facts 522 379. (14) For want of necessary party 523 380. (15) For multifariousness .* 523 381. (16) On the ground of the statute of limitations 523 381a. (16a) On the ground of laches 523 382. (17) On the ground of the statute of frauds 523 383. (18) Former suit pending 524 384. (19) Failure to state plaintiff's residence 524 385. (20) Want of certainty 524 386. (21) Want of special prayer 524 387. (22) Want of prayer for process 524 388. (23) Want of any signature 524 389. (24) Want of verification to bill for injunction 525 390. (25) Want of affidavit denying collusion on bill of interpleader. 525 391. (26) Demurrer for several causes 525 392. General form of protestation clause 525 SPECIAL FOEMS FEOM VARIOUS STATES 393. Demurrer for several causes (Ala.) 526 394. Demurrer to bOl for specific performance (Del.) 526 395. Demurrer (Fla.) 527 396. Demurrer (Dl.) 527 397. (a) Formal parts (Me.) 528 398. (b) Demurrer to part of biU and answer to residue (Me.) 529 399. (c) Demurrer inserted in answer (Me.) 529 400. Demurrer (Md.) 529 401. Demurrer to cross bill (Mass.) 530 402. (a) General demurrer (Mich.) 530 403. (b) Special demurrer (Mich.) 531 404. Demurrer (N. H.) 531 405. Demurrer (N. J.) 532 406. Demurrer (Pa.) 532 407. Special demurrer (E. I.) 533 408. Demurrer and answer (Tenn.) 534 409. Demurrer (Vt.) 535 410. (a) Statutory form of demurrer (W. Va.) 535 411. (b) Common form, assigning grounds (W. Va.) 536 CHAPTEE XXV PLEAS GENEEAL FOEMS OF 6E0TJNDS OF PLEAS To THE PEESON 412. (1) Plea of infancy to bill without next friend or guardian. ... 537 413. (2) Plea of insanity to bill without guardian 537 414. (3) Plea that plaintiff is not administrator as alleged -537 415. (4) Want of interest in plaintiff 537 To THE Bill 416. (5) Plea of another suit pending 538 417. (6) Want of necessary party 538 TABLE OF CONTENTS xvii Fleas in Bab rOEM PAOE 418. (7) Plea of statute of limitations 538 419. (7a) Another form "for plea of statute of limitations 539 420. (8) Plea of statute of frauds 539 421. (8a) Another form for plea of -statute of frauds 539 422. (9) Plea of res adjudicata 539 423. (10) Plea of release supported by answer denying allegations of fraud 540 424. (11) Plea of account stated and settled 540 425. (12) Plea of iona fide purchase for value 541 426. (12a) Another form of the plea of bona fide purchase for value. 541 427. (12b) Another form of plea of bona fide purchase for value. . . . 542 428. (12e) Another form of plea of bona fide purchase for value. . . . 542 429. (13) Plea of an award 542 430. (13a) Another form of plea of an award 543 GENERAL FOEMS FOE FOEMAL PARTS OF PLEAS 431. General form for protestation clause 543 432. Plea to part and answer to residue 544 433. Demurrer to one part, plea to another and answer to residue... 544 434. Plea inserted in an answer 544 SPECIAL FOEMS OF PLEAS FEOM VARIOUS STATES 435. (a) Plea to the jurisdiction (111.) 545 436. (b) Plea of another action pending, (111.) 546 437. Plea to whole bill (Me.) 547 438. Plea to the jurisdiction in abatement (Md.) 548 439. Plea in abatement (Mass.) 548 440. Plea to the jurisdiction (Mich.) 549 441. (a) Plea to the jurisdiction (N. H.) 550 442. (b) Plea of bona fide purchase to bill to foreclose mortgage (N. H.) 551 443. Plea in abatement (N. J.) 552 444. Joint and several plea (Tenn.) 553 445. Plea to the whole bill (W. Va.) 553 CHAPTER XXVI ANSWERS AND REPLICATIONS GENERAL FORMS FOR COMMENCEMENT OP ANSWERS 446. (1) Joint and several answers 554 447. (2) Further answer 554 448. (3) Further answer to original bill and answer to amended bill. 554 449. (4) By partners 554 450. (5) By surviving partner 554 451. (6) By corporation 554 452. (7) By town, city or county 554 453. (8) By person misnamed in the bill 555 454. (9) By executor or administrator 555 455. (10) By trustee in bankruptcy 555 456. (11) By a minor 555 457. (12) By insane person 555 GENERAL FOEMS FOE FORMAL PARTS OF ANSWERS 458. General form for defensive allegation in answers to matters which might have been taken advantage of by demurrer or plea. . . . 555 459. General form for prayer for issues to jury to be inserted at end of answer when desired by defendant 555 xviii TABLE OF CONTENTS rOBM PAGE 460. Creneral form of protestation clause 556 461. Greneral form for answer as a demurrer to bill of complaint . 556 462. General form for confederacy clause 556 463. General form for disclaimer 556 GENEEAIi FOEMS FOR EEPLICATIONS 464. (1) Early chancery form for replication 557 465. (2) Short form for replication 558 465a. (3) Form for prayer for issues to jury, to he inserted at end of replication 558 SPECIAL FOEMS FEOM VAEIOUS STATES 466. (a) Formal parts to answers (Ala.) 558 467. (b) Form for answer of guardian ad litem (Ala.) 559 468. (c) Form for answer to be taken as cross bill (Ala.) 559 469. (1) Answer to bill for specific performance (DeL) 559 470. (2) Answer to bill to enforce constructive trust (Del.) 561 471. (3) Answer to bill to cancel release (Del.) 562 472. (4) Answer to bill to cancel instrument (Del.) 564 473. (5) Answer to biU for enjoining private nuisance (DeL) 566 474. (6) Answer to bill for accounting between partners (Del.) .... 568 475. (7) Answer to biU to restrain action at law (Del.) 570 476. (8) Answer to bill to remove cloud on title (Del.) 572 477. (9) Answer to bill for construction of will, etc. (DeL) 572 479. (11) Answer to bill for dissolution of bank (DeL) 573 480. (12) Answer to bill for appointment of receiver (DeL) 574 481. (1) Disclaimer and answer to bill to enforce tax Uen (Fla.) . . 574 482. (2) Eeplication (Fla.) 575 483. Answer to bill for foreclosure of mortgage (HL) 575 484. (a) Formal parts to answers (Me.) 578 (b) Forms and precedents for substantial portions of answers (Me.) 579 485. (1) Answer to bill to redeem after demand and refusal to ac- count (Me.) 579 486. (2) Answer to bill seeking specific performance (Me.) 579 487. (3) Answer and disclaimer of one defendant to biU for partition (Me.) 580 488. (4) Answer of principal defendant to same bill for partition (Me.) 580 489. (5) Answer to bill for cancellation on ground of fraud (Me.) . . 581 490. (6) Answer to bill to set aside fraudulent conveyance (Me.) . . 582 491. (7) Answer to creditor's bill to reach and apply property which cannot be come at to be attached (Me.) 582 492. (8) Answer to bill to reform mistake in deed (Me.) 583 493. (9) Answer to bill for construction of will (Me.) 585 494. (10) Answer of administrator to same bill for construction of will (Me.) 585 495. (11) Answer to bill to enforce lien on building (Me.) 585 496. (a) General form of answer to bill (Md.) 586 497. (b) General replication (Md.) 586 498. (e) Answer to biU of complaint and consent to decree (Md.) . . 587 499. Answer to bill to establish constructive trust (Mass.) 587 499a. (a) General form of answer prescribed by equity rules (N. H.) 588 500. (b) Answer, including plea, demurrer, and prayers for afSrmative reUef (N. H.) 589 591. (c) Answer to bill for dissolution of partnership (N. H.) 589 502. (d) Answer, including plea and demurrer (N. H.) 589 503. (e) Answer to petition for appointment of trustees with prayer for reduction in number of trustees (N. H.) 590 (f ) Eule of court regarding replications (N. H.) 591 504. (g) Eeplication to answer to bill for foreclosure (N. H.) 591 FORM 505. 506. 507. 508. 509. 510. 511. 512. 514. TABLE OF CONTENTS xix 1) Answer to bill for speeifle performance (N. J.) 591 2) Beplication to the above answer (N. J.) 594 3) Answer to bill to set aside conveyance in fraud of creditors (N. J.) 595 4) Another answer to the same bill (N. J.) 597 5) Answer to bill to establish trust and appoint trustee (N. J.) 599 6) Answer to bill for reformation of a deed (N. J.) 599 7) Beplication to the above (N. J.) 602 8) Answer to bill to restrain action at law (N. J.) 602 9) Amended answer (N. J.) 606 515. General form for answers (Pa.) 606 516. (a) Answer to bill for redemption from mortgage (R. I.) 607 517. (b) Answer to bill for specific performance (E. I.) 608 518. (c) Answer to bill against corporation and oflScers in control (E. I.) 609 519. (a) Form of answer (Tenn.) 610 520. (b) Answer by an infant (Tenn.) 610 521. Answer to creditor's bill to enforce stockholder's liability (Vt.) 611 522. (a) Formal parts to answers (W. Va.) 613 523. (b) Form for answer with allegations and prayer for affirmative relief (W. Va.) 613 524. (e) Special reply to answer with prayer for affirmative relief (W. Va.) 614 525. (d) Answer to bill for specific performance (W. Va.) 614 526. (e) Answer to bill to set aside fraudulent conveyance (W. Va.) 615 527. (f ) Answer to bill to reform a deed (W. Va.) 617 528. (g) Answer to bill for partition (W. Va.) 619 529. (h) Answer to bill to remove cloud (W. Va.) 621 530. (i) Answer to bill to contest will (W. Va.) 623 530a. Answer to bill to quiet title (N. J.) 623 530b. Special replication to answer on bill to quiet title (N. J.) .... 624 530c. Answer to special replication on bill to quiet title (N. J.) .... 625 CHAPTEE XXVII DECEEES OF DISMISSAL 531. Decree dismissing bUl after hearing. (Ala.) 628 532. Consent decree dismissing bill (Del.) 628 533. Decree dismissing bill on motion of complainant before answers filed (Fla.) 629 534. Consent decree dismissing bill after bill and cross bill (111.) .... 629 535. (a) Ordinary decree dismissing bill (Me.) 630 536. (b) Consent decree dismissing bill (Me.) 630 537. (c) Decree dismissing bill where person appears at hearing and submits to be bound (Me.) 630 537a. Consent decree dismissing bill (Mass.) 631 538. Consent decree dismissing bill (Mich.) 631 539. Consent decree dismissing bill (N. H.) 632 540. Decree dismissing bill after hearing (N. J.) 632 541. Decrees dismissing bill (Pa.) 632 542. Consent decree dismissing bill (E. I.) 633 543. Decree dismissing bill after hearing (W. Va.) 633 CHAPTEE XXVIII DECREES 544. (1) Decree on bill by an heir seeking to remove an administra- tion into chancery (Ala.) 635 545. (2) Decree ordering allotment of dower by metes and bounds (Ala.) 637 xs. TABLE OP CONTENTS TOBM 546. 547. 548. 549. 550. 551. 552. 553. 554. 558. 559. 560. 561. 562. 563. 564. 565. 566. 567. 568. 569. 570. 571. 572. 573. 574. 575. 576. 577. 578. 579. 580. 581. 582. 583. 584. 585. 586. 587. 588. 589. 590. 591. 592. 593. 594. PACT (3) Decree appointing commissioner to set apart homestead (Ala.) 638 4) Decree confirming report of commissioners (Ala.) 639 5) Decree for sale for division (Ala.) 639 Decree confirming sale of real estate for division and order- ing reference for fees (Ala.) 641 Decree confirming report of register on reference and order- ing distribution (Ala.) 641 1) Decree on foreclosure bill (Del.) 642 2) Decree of foreclosure and sale (DeL) 643 3) Decree on bill to enforce constructive trust (Del.) 649 4) Decree on bill to enjoin private nuisance (Del.) 649 5) Decree on bill for construction of will, etc (Del.) 650 1) Decree on foreclosure bill (Fla.) 650 2) Decree on biU of interpleader (Fla.) 653 3) Decree on injunction bill (Ka.) 653 4) Decree for removal of cloud from title (Ma.) 654 1) Decree of redemption (HI.) 655 2) Decree of foreclosure (HI.) 656 3) Decree on bill for construction of will (lU.) 663 Decree on bill to redeem with a reference to a master to take the account (Me.) 665 Decree on bOl to redeem, when sum due is determined by court (Me.) 666 3) Decree of strict foreclosure (Me.) 666 4) Decree of foreclosure by judicial sale, with execution for deficiency (Me.) 667 5) Decree of foreclosure of railroad mortgage (Me.) 667 6) Decree on bill to relieve from forfeiture (Me.) 667 Decree of specific performance (Me.) 668 Decree on bill for cancellation of void deed (Me.) 668 Decree on bill by minority stockholders against corpora- tion and directors alleging fraudulent conspiracy (Me.) . . 668 10) Decree on bill by trustee in bankruptcy for reconveyance on ground of fraud (Me.) 669 11) Decree on bill to set aside fraudulent conveyance (Me.) . . 669 12) Decree on creditor's bill to reach and apply property of debtor (Me.) 669 13) Decree appointing trustee in place of sole trustee, deceassd (Me.) 670 14) Decree appointing two new trustees and directing convey- ance by survivor (Me. ) 670 15) Decree removing trustee (Me.) 671 16) Decree on bill to enforce a resulting trust for money had and received (Me.) 671 17) Decree on bill to enforce oral declaration of trust (Me.) . . 671 18) Decree on biU to set up lost deed (Me.) 672 19) Decree on bill to recover amount due on bonds lost by theft (Me.) 672 20) Decree on bill to reform mistake in deed (Me.) 672 21) Decree on bill to restrain nuisance (Me.) 673 22) Decree for removal of nuisance by mandatory injunction (Me.) 673 23) Decree to restrain enforcement of judgment (Me.) 674 24) Decree for partition by judicial sale (Me.) 674 25) Decree for dissolution of partnership, account, receiver and injunction (Me.) 674 26) Decree on bill to remove and prevent cloud on title (Me.) . 675 27) Decree on biU for construction of will (Me.) 675 28) Decree on bill for construction of will and for permission to change investments (Me.) 676 (29) Decree for dissolution of corporation (Me.) 676 TABLE OP CONTENTS xxi FORM PAGE 595. (30) Decree on bill by insurance commissioner to dissolve insur- ance company (Me.) 677 596. (31) Decree on bill by bank examiner to dissolve savings bank (Me.) 677 597. (32) Decree approving acts and account of receiver and order- ing final dividend and final account (Me.) 678 598. (33) Decree to enforce stockholder's liability (Me.) 679 599. (34) Decree to enforce lien on buildings and lot (Me.) 679 600. (35) Preliminary decree on bill of interpleader ordering defend- ants to interplead (Me.) 680 601. (36) Final decree on bill of interpleader after defendants have been ordered to interplead, where plaintiff bank has re- tained fund by agreement and answe^ of defendants have been taken as their pleadings against each other (Me.) 680 602. 603. 604. 605. 606. 607. 608. 609. 610. 611. 612. 613. 614. 615. 616. 617. 618. 619. 620. 621. 622. 623. 624. 625. 626. 627. 628. 629. 630. 631. 632. 633. 634. 635. 636. 637. 638. 639. 640. 641. 642. 37) Decree on supplemental bill (Me.) 681 38) Decree on bill of revivor (Me.) 681 39) Decree on cross bill seeking aflrmative relief (Me.) 681 40) Decree on bill to review (Me. ) 681 41) Decree on bill to impeach decree for fraud (Me.) 681 1) Final decree for redemption of mortgaged property (Md.). 682 2) Interlocutory decree referring case to auditor (Md.) 682 3) Decree of foreclosure on petition (Md.) 682 4) Deficiency decree on foreclosure (Md.) 683 5) Decree for foreclosure on mortgaged premises (Md.) 684 6) Decree of interpleader (Md.) 685 1) Decree of redemption (Mass.) 686 2) Decree of foreclosure (Mass.) 687 3) Decree on bill to set aside conveyance in fraud of creditors (Mass.) 687 4) Decree of dissolution of corporation (Mass.) 687 5) Decree on bill for specific performance of agreement to convey (Mass.) 688 6) Decree on bill to have mortgage declared paid and canceled on the record (Mass.) 688 7) Decree on creditors' bill to reach and apply property of a debtor (Mass.) 688 8) Decree on bill to set up lost deed (Mass.) 689 9) Decree on bill of interpleader (Mass.) 689 10) Decree of reference on bill to redeem against mortgagee in possession (Mass.) 690 11) Decree appointing receiver of a copartnership (Mass.)... 690 12) Decree on receivers' report (Mass.) 691 13) Decree on bill for accounting between partners (Mass.).. 691 1) Decree of redemption (Mich.) 692 2) Decree of foreclosure (Mich.) 693 1) Decree of redemption or discliarge from mortgage (N. H.). 694 2) Decree of foreclosure of mortgage (N. H.) , 694 3) Decree allowing receiver 's account (N. H.) 694 4) Decree for abatement of taxes (N. H.) 695 5) Order of notice and decree for dissolution of corporation (N. H.) 695 1) Decree of specific performance (N. J.) 695 2) Decree of interpleader (N. J.) 696 3) Decree on bill for appointment of trustee (N. J.) 697 1) General form of order or decree by consent (Pa.) 698 2) Decree on petition for redemption from mortgage (Pa.) .... 698 3) Decree of specific performance (Pa.) 698 4) Decree against plaintiff without hearing defendant (Pa.) . . 699 5) Decree for dissolution of partnership and appointment of receiver (Pa.) 699 6) Decree on petition for dissolution of corporation (Pa.).... 699 7) Decree in partition (Pa.) 700 xxii TABLE OP CONTENTS rOBM PAGS 643. (1) Decree of redemption (E. I.) 701 644. (2) Decree of foreclosure (E. I.) 701 645. (3) Filial decree on bill to cancel void deed (E. I.) 702 646. (1) Decree for specific performance (Tenn.) 703 647. (2) Decree for partition (Tenn.) 703 648. (3) Decree for a general account between parties (Tenn.) 704 649. (1) General form of decree under rule 32 (Vt.) 704 650. (2) Decree of foreclosure (Tt.) 705 651. (3) Decree dissolving corporation (Vt.) 706 652. (1) Decree for specific performance (W. Va.) 706 653. (2) Decree for cancellation of void deed (W. Va.) 707 654. (3) Decree setting aside fraudulent conveyance (W. Va.) 707 655. (4) Decree subjecting land to judgment liens (W. Va.) 707 656. (5) Decree removing trustee (W. Va.) 708 657. (6) Decree enforcing trust (W. Va.) 708 658. (7) Decree setting up lost will (W. Va.) 709 659. (8) Decree reforming deed (W. Va.) 709 660. (9) Decree restraining nuisance (W. Va.) , 710 661. (10) Decree restraining enforcement of judgment (W. Va.) . . . 710 662. (11) Decree for partition (W. Va.) 710 663. (12) Decree for dissolution of partnership (W. Va.) 710 664. (13) Decree removing cloud from title (W. Va.) 711 665. (14) Decree construing will (W. Va.) 711 666. (15) Decree for contribution (W. Va.) 712 667. (16) Decree dissolving corporation (W. Va.) 712 668. (17) Decree on cross bill (W. Va.) 712 669. (18) Decree on answer seeking affirmative relief (W. Va.) 712 670. (19) Decree on bill of review (W. Va.) 713 671. (21) Decree on bill to impeach decree for fraud (W. Va.) 713 672. (22) Decree suspending decree to allow time for appeal (W. Va.) 714 672a. Decree to establish partnership interest in judgment and re- strain payment of same (N. J.) 714 672b. Final decree in interpleader suit (N. J.) 715 CHAPTEE XXIX PROCEEDINGS INTEELOCUTOEY— MOTIONS AND PETITIONS A. MOTIONS TO DISMISS THE BILL 673. Motion for dismissal without prejudice (Ala.) 717 674. (1) Motion for dismissal when defendant has received satis- faction (Fla.) 717 675. (2) Motion for dismissal without prejudice (Pla.) 718 676. Motion by plaintiff to dismiss his bill (HI.) 718 677. (1) Motion by plaintiff to dismiss his bill (Me.) 718 678. (2) Motion by plaintiff, formerly a minor, to dismiss his bill on coming of age (Me.) 719 679. (3) Motion to dismiss bill for want of jurisdiction over the person (Me.) 719 680. (4) Motion to dismiss for want of prosecution (Me.) 719 681. (5) Motion to dismiss bill on abatement of suit by death (Me.) 719 682. (6) Motion to dismiss bill defective by bankruptcy of sole plain- tiff (Me.) 720 683. (7) Motion to dismiss bill on submission to plaintiff's demand. 720 684. Motion by defendant, after special appearance, to dismiss the bill (Md.) 720 685. Motion for a decree of dismissal (Mass.) 721 686. Motion by defendant (E. I.) 722 687. Motion by plaintiff (W. Va.) 722 TABLE OF CONTENTS xxiii B. MOTIONS TO AMEND FORM PAQE 688. Motion at chambers — Rule 6 (Del.) 722 689. (1) Motion to amend (lU.) 723 690. (2) Motion for leave to file amended bill (111.) 723 691. (1) Motion to amend (Me.) 723 692. (2) Motion to amend bill by adding new allegations (Me.) 723 698. (3) Motion for leave to file new amended bill (Me.) 724 694. (4) Motion to amend by changing action from law to equity (Me.) 724 695. (5) Motion to amend by changing suit from equity to law (Me.) 724 696. (6) Motion for leave to amend answer by inserting new matter (Me.) 724 697. (7) Motion to withdraw replication and amend biU (Me.) 725 698. Petition for leave to file amended bill (Md.) 725 699. Motion to amend bill of complaint (Mass.) 725 700. Motion to amend bill or answer (N. H.) 726 701. (1) Motion to amend (Pa.) 726 702. (2) Order thereon (Pa.) 726 703. Motion to amend (R. I.) 726 704. Motion to amend answer (Vt.) 727 705. Motion to amend (W. Va.) 727 C. MOTIONS FOE CHANCERY COMMISSIONS TO TAKE TESTIMONY 706. Motion for chancery commission (Del.) 727 707. Motion for chancery commission (Md.) 728 708. Motion for chancery commission (R. I.) 729 D. MOTIONS TO TAKE BILLS PRO CONFESSO 709. Praecipe for decree pro confesso (Fla.) 729 710. Motion for decree pro confesso (Me.) 730 711. Petition and decree pro confesso (Md.) . . ., 730 712. Motion for decree pro confesso (Mass.) 730 713. Affidavit and motion to take bill pro confesso (N. H.) 730 714. Motion for decree pro confesso (R. I.) 731 E. MOTIONS TO SET FOE HEARING 715. Motion to set for hearing (Del.) 731 716. Motion to set for hearing (111.) 731 717. Motion to set for hearing (Me.) 732 718. Motion to set for hearing (Md.) 732 719. Motion to set for hearing (Mass.) 732 Motion to set for hearing (Pa.) 732 720. Motion to set for hearing (R. I.) 732 721. Motion to set for hearing (W. Va.) 733 F. MOTIONS FOR ORDERS DIRECTING ISSUES TO THE JURY 722. Motion for order directing issues to the jury (HI.) 733 723. Motion for order directing issues to the jury (Me.) 733 724. Motion for order directing issues to the jury (Md.) 734 725. Motion for order directing issues to the jury (Mass.) 734 Motion for order directing issues to the jury (Pa.) 735 726. Motion for order directing issues to the jury (R. I.) 735 727. Motion for order directing issues to the jury (Vt.) 735 728. Motion for order directing issues to the jury (W. Va.) 735 xxiv TABLE OF CONTENTS G. MOTIONS TO DISSOLVE INJUNCTIONS rOEM PAGE 729. Motion to dissolve injunction (111.) 736 730. Motion to dissolve injunction (Me.) 736 731. Motion to dissolve injunction (Md.) 736 732. Motion to dissolve injunction (Mass.) 736 733. Motion to dissolve injunction (Mieh.) 736 734. Motion to dissolve injunction (X. H.) 737 735. Motion to dissolve injunction (E. I.) 737 736. Motion to dissolve injunction (Vt.) 737 737. Motion to dissolve injunction (W. Ta.) 738 H. PETITIONS FOE THE APPOINTMENT OP EECEIVEES IN PENDING CAUSES 738. Petition for appointment of receiver of rents of leased premises (111.) 738 739. Petition for appointment of receiver of partnership assets (Me.) 739 740. Petition for appointment of receiver of rents and profits, under Chap. 332, Gen. Laws, 1909 (E. I.) 739 "41. Petition for appointment of receiver of corporation conducting lumbering operations (W. Va.) 740 741a. Petition by second mortgagee for receiver for rents of mort- gaged premises under foreclosure of prior mortgage (N. J.) . . 742 I. MOTIONS AND PETITIONS OF INTEEVENTION 742. Petition to intervene as co-defendant in suit for specific per- formance (DeL) 744 743. Petition to intervene as co-plaintiff in suit to establish stock- holders' liability (Dl.) 745 744. (1) Petition to intervene as co-plaintiff (Me.) 746 745. (2) Petition by executor or administrator to be admitted to prosecute or defend (Me.) 747 746. Petition to intervene as co-plaintifE (Md.) 747 747. Petition to intervene as co-defendant in suit to establish a me- chanics ' lien (Mass.) 747 748. Petition to intervene in proceedings on a -will (N. H.) 74S 749. Petition to intervene as co-defendant in foreclosure suit (N. J.) 750 750. Petition by receiver of partnership to intervene in suit against the partners (Pa.) 751 751. (1) Petition to intervene in pending suit (E. I.) 751 752. (2) Petition to intervene in proceedings for appointment of receiver (E. I.) 752 753. Petition to intervene as co-defendant in creditors' suit (W. Va.). 752 J. MISCELLANEOUS MOTIONS AND PETITIONS 754. (1) Petition to fix the bond necessary for the execution of a final decree upon a biU taken pro confesso, when execution is had before the expiration of twelve months (Ala.) 753 755. (2) Form for petition to the court to set aside decree pro . . confesso and allow non-resident to defend the suit (Ala.) 753 756. (1) Petition on behalf of an infant defendant for appointment of the petitioner as guardian ad litem (Del.) 754 757. (2) Another form for the same (Del.) 755 758. (3) Plaintiff's petition for appointment of guardian ad litem of infant defendant (Del.) 755 759. (4) Petition for removal of guardian ad litem on minor's com- ing of age (Del.) 755 760. Petition to remove disability of minority (Fla.) 756 761. (1) Petition for temporary injunction pending the cause, based upon facts outside the bill (Me.) 757 TABLE OF CONTENTS xxv FOBM PAGE 762. (2) Motion to appoint guardian ad, litem over infant defendant (Me.) 757 763. (3) Petition for order of foreclosure sale by master (Me.) 758 764. (4) Motion for leave to file replication nunc pro tunc (Me.) .... 758 765. (5) Petition for writ of ne exeat (Me.) 758 766. (5a) Petition for writ of assistance (Me.) 759 767. (6) Petition for writ of attachment to issue for disobeying de- cree (Me.) 759 768. (7) Motion by defendant for leave to withdraw a demurrer or plea (Me.) 759 769. (8) Motion by defendant to compel plaintiff to elect between law and equity (Me.) 759 770. (9) Motion by defendant to open interlocutory decree that bUl be taken pro confesso (Me.) 760 771. (1) Motion for rule further proceedings (Md.) 760 772. (2) Motion for security for costs (Md.) 760 773. (1) Motion for injunction (N. H.) 761 774. (2) Petition for an attachment for disobeying an injunction (N. H.) 761 775. Motion to compel complainant to elect (E. I.) 761 776. (1) Motion by defendant for leave to file cross-bill (Vt.) 762 777. (2) Motion by orator to recommit report (Vt.) 762 778. (3) Petition for contempt (Vt.) 762 779. (a) Motion for leave to withdraw a plea (W. Va.) 764 780. (b) Motion for leave to amend answer (W. Va.) 764 781. (c) Motion to appoint guardian ad, litem for infant defendant (W. Va.) 764 782. (d) Petition for temporary injunction (W. Va.) 765 782a. Motion for preliminary injunction and restraining order (W. Va.) 765 CHAPTEE XXX PETITIONS BY EECEIVEES 783. Petition by receiver for leave to sell (Del.) 767 784. Report of receiver and petition for confirmation and discharge (Pla.) 768 785. (1) Petition by receiver for leave to sell (111.) 769 786. (2) Petition by receiver for confirmation of sale (111.) 770 787. (3) Petition by receiver for leave to purchase (111.) 771 788. (1) Petition by receiver for permission to sell real estate (Me.) 772 789. (2) Petition by receiver for confirmation of sale (Me.) 772 790. (3) Petition by receiver for leave to sue (Me.) 773 791. (4) Petition by receiver for discharge (Me.) 773 792. (1) Petition by receiver for leave to sell personal property (Md.) 773 793. (2) Petition for confirmation of sale (Md.) 774 794. (3) Petition for confirmation of purchase (Md.) 774 795. (1) Petition by receiver for sale of assets (Mass.) 775 796. (2) Eeport of receiver on sale of partnership assets and petition for confirmation (Mass.) 775 797. (1) Petition by receiver for leave to sell (N. H.) 776 798. (2) Eeceiver 's petition to borrow money (N. H.) 776 799. (3) Eeceiver '.s petition for confirmation of sale (N. H.) 777 800. Petition for leave to sell (N. J.) 778 801. Eeceiver 's petition for dissolution of corporation (N. J.) 778 802. (1) Petition for leave to sell (Pa.) 779 803. (2) Petition for confirmation of sale of personal property (Pa.) 780 804. (3) Petition for confirmation of sale of corporate assets (Pa.) 780 805. (1) Petition by receiver for leave to sell (E. I.) 781 806. (2) Petition for instructions by receiver (E. I.) 781 807. (1) Petition for leave to sell (Vt.) 782 xxvi TABLE OP CONTENTS POEM PAGE 808. (2) Motion for appointment of master to pass on receiver's account (Vt.) 782 809. Petition by receiver for permission to sell real estate (W. Va.) . . 783 809a. Petition for intervention and appointment of receiver, and order of court thereon (Del.) 783 809b. Petition for summary order to hold meeting for election of directors (Del.) 785 CHAPTEE XXXr NOTICES OP MOTIONS, PETITIONS, ETC. 810. Notice of motion (Ala.) 790 811. (1) Notice of hearing (Fla.) 790 812. (2) Notice of motion (Pla.) 790 813. (1) Notice of motion (111.) 791 814. (2) Notice of motion for chancery commission to take testimony (111.) 792 815. (1) Notice of oral motion (Me.) 792 816. (2) Notice of motion in writing or petition (Me.) 793 817. Notice for taking depositions of non-resident witnesses before a commissioner, notary public or justice of the peace, under Sec- tion 16, of Article 35, of the Maryland Code of Public General Laws (Md.) 793 818. Notice of motion (Mass.) 793 819. Affidavit of notice of motion (Mass.) . . . .' 794 820. Notice of motion or petition (Mich.) 794 821. Notice of motion (N. J.) 794 822. Notice of petition (Pa.) 795 823. Notice of motion (Vt.) 795 824. Notice of motion in writing or petition (W. Va.) 795 824a. Notice of motion to discharge rule to show cause and to dis- miss bill (N. J.) 796 CHAPTEE XXXII INTEELOeUTOEY OEDEES OE DECEEES A. OEDEES OP NOTICE 825. (1) Order of publication (Del.) 797 826. (2) Order to show cause on a bill (Del.) 797 827. (3) Order to show cause on petition (Del.) 798 830. (1) Order of publication on affidavit appended to biU (Fla.) . . 798 831. (2) Order of publication on motion (Pla.) 799 832. (3) Order of publication against unknown defendant (Pla.) .... 799 833. Special order of notice on bill (Me.) . . '. 800 834. Order to show cause (Mass.) 800 835. Special order of notice (N. H.) 801 836. Order to show cause on receiver's report of sale (N. J.) 801 837. (1) Special order of notice on bill (E. I.) 802 838. (2) Notice of petition (E. I.) 802 B. COMMISSIONS TO TAKE TESTIMONY AND OEDEES THEEEFOE 839. (1) Order for chancery commission to take testimony (Del.) . . . 803 840. (2) Commission to examine witnesses on interrogatories (Del.). 803 841. (3) Commission to examine witnesses orally, under rule 40 (Del.) 804 842. Commission to take depositions (Fla.) 804 843. Commission to take depositions (111.) 805 TABLE. OF CONTENTS xxvii FORM PAQE 844. Commission to take depositions (Me.) 806 845. (1) Order of court to take testimony before examiner (Md.)... 806 846. (2) Commission to examine witnesses residing beyond the juris- diction of the court (Md.) 806 847. Commission to take depositions (Mich.) 807 Testimony in cases in equity (Pa.) 808 848. Eule for a commission (Pa.) 808 849. Order for chancery commission to take testimony (B. I.) 809 850. Commission to take testimony outside of Vermont (Vt.) 809 C. INJUNCTIONS AND EESTEAINING OEDEKS 851. (1) Eestraining order on bill for specific performance (Del.) .... 810 852. (2) Order for preliminary injunction on bill to restrain private nuisance (Del.) 810 853. (3) Eestraining order, and order of notice for temporary injunc- tion, on creditor's bill (Del.) 811 854. (1) Eestraining order (111.) 811 855. (2) Order for temporary injunction (111.) 812 856. (l) Order for temporary injunction (Me.) 812 857. (2) Eestraining order and order of notice for injunction (Me.) . . 812 858. (1) Preliminary restraining order (Md.) 813 859. (2) Order for injunction (Md.) 813 860. Order of notice upon order to show cause why preliminary in- junction should not issue (Mass.) .' 813 861. (1) Order for temporary injunction (Mich.) 814 862. (2) Eestraining order (Mich.) 814 863. Order for temporary injunction (N. H.) 815 864. (1) Eestraining order and order of notice for injunction (N. J.) . 815 865. (2) Order for temporary injunction (N. J.) 816 866. (l) Order for preliminary injunction (Pa.) 817 867. (2) Eestraining order (Pa.) 817 868. (l) Order for temporary injunction in nuisance case (E. I.) . . . . 817 869. (2) Eestraining order (E. I.) 818 870. Order for temporary injunction (Vt.) 818 871. Order for temporary injunction (W. Va.) 818 D. OEDEES AUTHOEIZING SALES BY EECEIVEES AND MASTEES • 872. Order authorizing sale by receiver (Del.) 819 874. Order authorizing sale by receiver (111.) 821 875. (1) Order authorizing sale of property by receiver (Me.) 822 876. (2) Briefer form for the same (Me.) 822 877. (1) Order directing a sale of perishable property in the hands of a receiver (Md.) 822 878. (2) Order for private sale of personal property (Md.) 823 879. Order authorizing sale by receiver (Mass.) 823 880. Order authorizing sale by receiver (Mich.) .- 823 881. Order authorizing sale by receiver (N. J.) ^ . 824 882. Order authorizing sale by receiver (Pa.) 824 883. Order authorizing sale by receiver (E. I.) 825 E. OEDEES CONFIEMING SALES AND PTJECHASES AND OEDEES DISCHARGING EECEIVEES AND TEUSTEES 884. Order confirming sale (Del.) 825 885. Order confirming sale (Fla.) 826 886. Order discharging receiver and approving account (111.) 828 887. Order confirming sale by receiver (Me.) 828 888. (1) Order of ratification of auditor's account, releasing old and appointing new trustee (Md.) 828 889. (2) Order confirming purchase by receiver (Md.) 829 890. (3) Order nisi confirming sale by trustee (Md.) 829 xxviii TABLE OF CONTENTS rOEM PAGE 891. (4) Final order confirming sale by trustee (Md.) 830 892. (1) Order confirming account and discharging receiver (Pa.) . . . 830 893. (2) Order confirming sale by receiver (Pa.) 830 894. Order allowing account and discharging receiver (E. I.) 830 P. OEDEES OF EEFEEENCE TO MASTEES 895. Order of reference on report and petition of administrator for set- tlement of his account (Ala.) 831 896. Order of reference on bill to dissolve corporation (Del) 833 897. Order of reference on foreclosure bill (Fla.) 833 898. Order of reference (Bl.) 834 899. Order of reference on biU for dissolution of partnership (Me.) . . 834 900. Order of reference (Md.) 835 901. Order of reference (Mass.) 835 902. Order of reference of bill for divorce (Mich.) 836 903. Order of reference (N. H.) 836 904. Order of reference (N. J.) 837 905. Decree of partition and appointment of master (Pa.) 837 906. Order of reference on foreclosure bill (E. I.) 838 907. Order of reference on receiver's report (Tt.) 838 908. Order referring cause to commissioner (W. Va.) 839 G. OEDEES DIRECTING ISSUES TO JTJEY 909. Order directing issues to jury (Del.) 839 911. Order directing issues to jury (111.) 840 912. Order directing issues to jury (Me.) 840 913. Order directing issues to jury (Md.) 841 914. Order directing issues to jury (Mass.) 841 915. Order directing issues to jury (Mich.) 842 916. Order directing issues to jury (Pa.) 842 Order directing issues to jury (E. I.) 842 917. Order directing issues to jury (W. Va.) 842 H. DEOEEES PEO CONPESSO UPON PETITIONS THEEEFOE 918. (1) Decree 'pro oonfesso upon service of process (Ala.) 843 919. (2) Decree pro confesso upon publication without personal serv- ice (Ala.) 843 920. (3) Final decree on a decree pro confesso without personal serv- ice (Ala.) 844 921. (1) Decree pro confesso (Del.) 844 922. (2) Decree pro confesso and setting for hearing on foreclosure bill (Del.) 845 923. (1) Praecipe for decree pro confesso (Fla.) 845 924. (2) Decree pro confesso — brief form (Fla.) 846 925. (3) Decree pro confesso — ^full form (Fla.) , 846 926. (4) Clerk's certificate of entry of decree pro confesso (Fla.) .... 847 927. Decree pro confesso (lU.) 847 928. (1) Decree pro confesso after order of publication (Md.) 848 929. (2) Decree pro confesso for failure to plead (Md.) 848 930. Decree pro confesso for failure to plead (Mass.) 848 931. Final decree pro confesso (N. H.) 849 932. (1) Decree pro confesso after order of publication (N. J.) 849 933. (2) Decree pro confesso upon service of process (N. J.) 849 934. Decree pro confesso upon service of process (Pa.) 850 935. Decree pro confesso (E. I.) 850 936. Decree pro confesso (Tenn.) 851 I. OEDEES APPOINTING EECEIVEES 937. (1) Ordei appointing receiver of insolvent corporation (Del.) . . 851 938. (2) Order appointing receiver of insolvent bank (Del.) 852 TABLE OF CONTENTS xxix FORM PAGE 939. (1) Order appointing receiver under public laws of 1905, Ch. 85 (Me.) 853 940. (2) Order appointing receiver, giving instructions and authoriz- ing issuance of certificate (Me.) 854 941. Order appointing receiver of real estate (N. H.) 855 942. Order appointing temporary receiver of a corporation (Vt.).... 856 943. Order appointing receiver of corporation (W. Va.) 856 J. ORDERS APPOINTING GUAEDIANS AD LITEM 944. (1) Order appointing guardian ad litem (Ala.) 857 945. (2) Order appointing administrator ad litem (Ala.) 858 946. Order appointing guardian ad litem (Del.) 858 947. Order appointing guardian for absent unknown defendant (Fla.) 859 K. MISCELLANEOUS OEDEES 948. (1) Order fixing bond necessary for the execution of a final de- cree upon a bill taken pro confesso, when execution is had before the expiration of twelve months (Ala.) 860 949. (2) Order overruling exceptions and confirming report of regis- ter (Ala.) 860 950. (1) Order appointing a trustee under a will, deed, etc. (Del.). . 861 951. (2) Order removing guardian ad litem (Del.) 862 952. Order for writ ne exeat (Me.) 862 953. Brief form of order of court granting writ ne exeat (Me.) 863 954. Order for security for costs (Md.) 863 955. Eule to show cause why defendant should not be punished for con- tempt (Mass.) 863 956. (1) Order setting for hearing (N. J.) 863 957. (2) Order discharging trustee (N. J.) 864 958. (3) Order to amend (N. J.) 864 959. Order dissolving injunction (Pa.) 865 960. (1) Order overruling demurrer to bill (Vt.) 865 961. (2) Order recommitting the master's report (Vt.) 865 962. (3) Order dissolving injunction (Vt.) 866 962a. Order to show cause why preliminary injunction should not be issued and granting restraining order in the interim (Vt.) . . . 866 962b. Order appointing receiver (N. J.) 866 962c. Order to show cause, restraining order and appointment of temporary receiver (N. J.) 868 CHAPTEE XXXIII BONDS 963. Bond necessary to execution of a decree taken pro confesso with- out personal service, if the execution is desired before the ex- piration of a year (Ala.) 870 964. (1) Eeceiver's bond (Del.) 871 965. (2) Bond to be given by purchaser at trustee's sale (Del.) 872 966. (3) Trustee's bond (Del.) .' 872 967. (4) Appeal bond (Del.) 878 968. (5) Injunction- bond, for an injunction to stay, an action at law' for debt or damages before judgment (Del.) 873 969. (6) Injunction bond, for an injunction to stay execution of a judgment (Del.) 874 970. (7) Injunction bond, for injunctions other than to restrain the recovery or collection of money, — as in cases of waste, nui- sance, ejectment, etc. (Del.) 875 971. (1) Eeceiver's bond (Pla.) 875 972 (2) Plaintiff's bond to defendant on appointment of receiver (Fla.) • 876 XXX TABLE OF CONTENTS rOEM PAGE 973. Appeal bond (Fla.) 877 974. (1) Injunction bond (Dl.) 878 975. (2) Eeeeiver's bond (lU.) 878 976. (1) Statutory bond for injunction (Me.) 879 977. (2) Eeeeiver's bond (Me.) 880 978. (3) Condition of ne exeat bail bond (Me.) 880 979. (4) Condition of bail bond on arrest for contempt of decree (Me.) 881 980. (1) Injunction bond (Md.) 881 981. (2) Receiver's bond (Md.) 882 982. (1) Injunction bond by defendant on court's refusing injunction (Mass.) 882 983. (2) Receiver 's bond (Mass.) 883 984. (1) Injunction bond (N. H.) 883 985. (2) Permanent receiver's bond (N. H.) 884 986. (1) Injunction bond (N. J.) 884 987. (2) Receiver's bond (N. J.) 885 988. (1) Injunction bond (Pa.) 886 989. (2) Receiver's bond (Pa.) 886 990. (1) Injunction bond (R. I.) 887 991. (2) Receiver's bond (R. I.) 888 992. (1) Injunction bond (Vt.) 888 993. (2) Receiver's bond (Vt.) 889 994. (1) Injunction bond (Va.) 889 995. (2) Receiver's bond (Va.) 890 996. (1) Injunction bond (W. Va.) 891 997. (2) Receiver's bond (W. Va.) 892 CHAPTER XXXrV REPORTS OF MASTERS AND RECEIVERS 998. (1) Master's report (HI.) 893 999. (2) Eeeeiver's report (HL) 898 1000. (1) Master's report (Me.) 894 1001. (2) Receiver's report or account (Me.) 895 1002. Master's report of sale (Md.) 895 1003. (1) Receiver's first report (Mass.) 895 1004. (2) Receiver 's final report (Mass.) 896 1005. (3) Master's report (Mass.) 896 1006. (1) Receiver's account (N. H.) 897 1007. (2) Master's report (N. H.) 897 1008. (1) Receiver 's report and account (N. J.) 897 1009. (2) Master's report (N. J.) 898 1010. (3) Receiver's report of sale (N. J.) 899 1011. (1) Master 's interlocutory report in partition proceedings (Pa.). 900 1012. (2) Master 's return to order of sale (Pa.) 901 1013. (3) Master's final report (Pa.) 901 1014. (1) Receiver's report (R. I.) 902 1015. (2) Master's report (R. I.) 903 1016. Special master's report (Vt.) 903 1017. (1) Commissioner 's report (W. Va.) 904 1018. (2) Receiver's report (W. Va.) ..'. 905 CHAPTER XXXV EXCEPTIONS AND APPEALS 1019. Exceptions to report of register (Ala.) 906 1020. (1) Entry and notice of entry of appeal (Fla.) 907 1021. (2) Assignment of error (Fla.) 907 1022. (1) Exceptions to the master's report (lU.) 908 1023. (2) Appeal (111.) 908 TABLE OF CONTENTS xxxi rOBM PAGE 1024. (1) Exceptions to bill for scandal (Me.) 908 1025. (2) Exceptions to answer for insufficiency (Me.) 909 1026. (3) Exceptions to master "s report (Me.) 909 1027. (4) Exceptions to interlocutory order (Me.) 910 1028. (5) Appeal (Me.) 910 1029. (6) Report of cause to law court (Me.) 910 1030. (1) Exceptions to defendants' answer (Md.) 911 1031. (2) Order for an appeal (Md.) 911 1032. (1) Exceptions to master's report (Mass.) 911 1033. (2) Appeal from final decree (Mass.) 911 1034. Exceptions to answer (N. H.) 912 1035. Notice of appeal (N. J.) 912 1036. (1) Exceptions to bill for scandal or impertinence (Pa.) 912 1037. (2) Exceptions to answer (Pa.) 913 1038. (3) Exceptions to findings (Pa.) 913 1039. (4) Appeal (Pa.) 913 1040. (5) Certiorari sur appeal (Pa.) 914 1041. (1) Exceptions to master 's report (E. I.) 914 1043. (2) Appeal (R. I.) 914 1043. (1) Exceptions to master 's report (Vt.) 915 1044. (2) Notice of appeal (Vt.) 915 1045. (1) "Writ of supersedeas (Va.) 915 1046. (2) Writ for appeal without supersedeas (Va.) 916 1047. (1) Exceptions to bill, for scandal and impertinence (W. Va.).. 917 1048. (2) Exceptions to answer, for insufficiency (W. Va.) 917 1049. (3) Exceptions to commissioner's report (W. Va.) 917 CHAPTER XXXVI WRITS 1050. Writ of injunction 919 1051. Writ of ne exeat (HI.) 919 1052. Writ of execution to perform decree 920 1053. Writ of execution for money 921 1054. Writ of attachment 921 1055. Writ of attachment for contempt in refusing to appear and tes- tify 922 1056. Writ of assistance 922 1057. Writ of possession in foreclosure of mortgage (Vt.) 922 1058. Writ of sequestration 923 1059. Wrif of distringas 924 FEDERAL FORMS CHAPTER^XXXVII FEDERAL FORMS FOR BILLS IN EQUITY FORMAL PARTS 1060. Caption of the bill 926 1061. Address of the bill 926 INTRODUCTIONS TO THE BILL 1062. Individual plaintiff against defendant 926 1063. One plaiatifE against two or more defendants 926 1064. Partners 927 1065. Corporations 927 1066. Town of New England 927 1067. County 927 1068. The United States against a corporation 927 xxxii TABLE OF CONTENTS rOBSI PAGE 1069. Administrator, executor and trustee 928 1070. Trustees in bankruptcy 928 PAETIES UNDEE DISABILITY 1072. Infant 928 1073. Lunatic ..928 1074. Wife by next friend 929 1075. Alien against a citizen 929 1076. Grounds of jurisdiction 929 PBATEBS 1077. Prayer for reUef 930 1078. Short form of prayer for relief 930 1079. Prayer for general relief 930 1080. Prayer for process 930 1081. Prayer for writ of injunction and subpoena 930 SPECIAL POEMS FOE SIGNATrEE 1082. Corporation 931 1082a. Municipal corporation 931 1082b. Administrator, executor and trustee 931 1082c. Trustee in bankruptcy 931 1082d. Guardian or next friend 931 1083. Verification 932 1084. Verification by a corporation 932 PEECEDENTS OF BILLS IN EQUITY 1086. BUI to foreclose raibroad mortgage 932 1087. Bill by second mortgagee under railway mortgage for accounting and other relief 939 1088. Bill to foreclose a conditional contract, with prayer for injunc- tion, receiver and writ of attachment 941 1089. Bin for specific performance of contract to convey stock 946 1090. Bill to cancel deed on the ground of fraud 947 1091. Bill to restrain foreclosure and set aside conveyance on the ground of fraud 949 1092. Bill to set aside gifts and compel reassignment of mortgage and note on the ground of fraud 952 1093. Bill by trustee in bankruptcy to recover preferences under the bankruptcy act 953 1094. Bill by trustee in bankruptcy to recover a fraudulent preference and charge a fund with a trust 955 1095. Bill by trustee in bankruptcy to set aside fraudulent conveyance . 956 1096. Bill by trustee in bankruptcy to avoid a fraudulent conveyance and charge the property with a trust 959 1097. Bill by trustee in bankruptcy to reach and apply a mortgage note 962 1098. Bill by minority stockholders against corporation and those in control to set aside consolidation made in violation of statute. 964 1099. Minority stockholders ' bill to have transfer of stock rescinded on the ground of fraud 967 1100. Bin by trustee under mortgage deed against a corporation to restrain performance of iiUra vires contract 969 1101. BiU to enforce a trust 972 1102. Bill for removal of trustee 974 1103. Bill to set up lost deed or other instrument 975 1104. Bill to reform mistake in a contract 977 1105. Creditors' bill to reach and apply property that cannot be attached 978 1106. Creditors ' biU for appointment of receiver 979 TABLE OP CONTENTS xxxiii FOEM PAGE 1107. Creditors' bill for receiver on ground of threatened waste of assets by litigation 981 1108. Creditors' bill for appointment of receiver of railroad on ground of danger of waste by litigation 985 1109. Bill to restrain nuisance 990 1110. BUI by United States to enjoin a nuisance 991 1111. Bill for partition 993 1112. Bill for dissolution of partnership and accounting 994 1113. Bill to restrain enforcement of judgment 995 1114. Bill to enjoin interference with possession pending action of ejectment 997 1115. Bill for the construction of a will 999 1116. Bill to enforce a lien 1000 1117. Bill to charge stock with a lien 1002 1118. Bill for an accounting on insurance policy 1004 1119. Bill to prevent unfair discrimination by a public service cor- poration against a shipper 1006 1120. Bill for mandatory injunction to compel removal of poles 1008 1121. Bill to enjoin infringement of patent and for an accounting of profits 1013 1122. Bill to enjoin infringement of patent and unfair competition and for accounting of profits 1014 1123. Bill to compel assignment of patents and to enjoin transfer of same 1016 1124. Bill to enjoin infringement of trade marks 1019 1125. Bill to enjoin infringement of trade mark and for an accounting of profits 1023 1126. Bill to enjoin unfair competition 1027 1127. Bill to enjoin fraudulent competition 1030 1128. Bill to enjoin infringement of copyright of map under act of March 4, 1909 1033 1129. Affidavit in copyright case 1035 1130. Bill to enjoin infringement of copyright of reports of decisions. 1035 1131. Bill to enjoin infringement of copyright of calendar 1041 1132. Bill for discovery in aid of an action at law 1042 1133. Bill of interpleader 1043 1134. Form for affidavit to be annexed to bill of interpleader 1045 1135. Bill for appointment of temporary ancillary receivers 1045 1136. Bill for appointment of ancillary receiver 1048 1137. Bill for appointment of ancillary receiver 1049 1138. Supplemental bill 1051 1139. Bill in the nature of a bill of review to vacate entry of decree pro confesso 1053 1139a. Bill to foreclose trust mortgage, secure bonds and appoint receiver 1055 1139b. Bill for specific performance of a certain contract to buy and sell certain parcels of real estate and for damages for failure to perform same and injunction from transferring, etc 1062 1139c. Bill for benefit of creditors under 33 TT. S. Statutes at Large 811, chapter 778 1064 1139d. Creditors' bill for appointment of ancillary receiver to avoid multiplicity of suits and wasting of assets 1065 1139e. Bill to enjoin infringement of patent and for an accounting. . .1069 1139f. Bill to restrain infringement of patent and for profits and damages 1071 1139g. Bill for specific performance of agreement assigning patent and payment of royalty, and reassigning patent on failure to pay, for an accounting and an injunction 1073 1139h. Bill by foreign partnership to enjoin infringement of trade- mark and for an accounting of profits and damages 1076 11391. Supplemental bill 1079 1139J. Bill in the nature of a supplemental biU 1081 xxxiv TABLE OF CONTEXTS CHAPTEE XXXVin FEDEEAL FORMS FOE ANSWEES FORM PAGE 1140. Formal parts 1086 1141. Answer consenting to appointment of receirer 1086 1142. Answer to bill to set aside transfers 1087 1143. Answer to bill for mandatory injunction to compel removal of poles 1089 1144. Answer to bill to enjoin fraudulent competition 1093 1145. Answer to bill to enjoin infringement of trade mark 1095 1146. Answer to bill to enjoin infringement of patent 1096 1147. Answer to bill to enjoin infringement of copyright of calendar. .1098 1148. Answer setting up counter claim or set-off 1099 1149. Answer in lieu of demurrer 1100 1150. Answer in lieu of plea of laches 1101 1151. Supplemental answer 1101 , 1152. Supplemental answer 1101 1153. Interrogatories by plaintiff 1102 1153a. Answer to bill for infringement of patent and accounting .... 1103 1153b. Answer to bill to enjoin infringement of patent and for profits and damages 1104 CHAPTEE X5XIX FEDEEAL FOEMS FOE MOTIONS 1154. Formal parts 1109 1155. Notice of motion and acknowledgment 1109 1156. Motion to amend 1109 1156a. Motion to amend (alternative form) 1110 1157. Motion for substituted service 1110 1158. Motion for restraining order 1110 1159. Motion for restraining order 1110 1160. Motion for temporary injunction and order of notice 1111 1161. Motion by plaintiffs to discontinue as to certain party defend- ants 1111 1162. Motion by plaintiff for further and better statement 1112 1163. Motion by plaintiff for further and better statement — (prece- dent) 1112 1164. Motion for leave to file supplemental biU 1112 1165. Motion for a revivor and order thereon 1113 1166. Motion for a revivor (alternative form) 1113 1167. Motion to strike out portion of answer for insufficiency 1114 1168. Motion by plaintiff to suppress deposition 1114 1169. Motion by plaintiff for leave to file interrogatories 1115 1170. Motion for leave to file interrogatories for discovery of facts and documents by opposite party 1115 1171. Motion for leave to file interrogatories to be answered by an officer of a corporation 1115 1172. Objection to interrogatories 1116 1173. Motion by plaintiff for jury issues 1116 1174. Motion for reference to a special master in a matter other than for an accounting 1116 1175. Motion for reference to special master for an accounting 1116 1176. Motion to fix time for payment of amount found due by master. .1117 1177. Motion for confirmation of sale by master 1117 1178. Notice of examination before examiner 1117 1179. Demand for admission of execution of document 1117 1180. Motion by defendant for order for security for costs 1118 1181. Motion by defendant for security for costs and order thereon. . .lllS 1182. Motion by defendant to dismiss plaintiff's biU for failure to give security for costs 1119 1183. Motion by defendant for further and better particulars 1119 TABLE OF CONTENTS xxxv rOEM PAGE 1184. Motion by defendants to bring in additional parties 1119 1185. Motion to strike out for impertinence 1120 1186. Motion to dismiss in lieu of demurrer or plea 1120 1187. Motion to dismiss in lieu of demurrer on the ground of adequate remedy at law and want of equity 1121 1188. Motion in lieu of plea on the ground of want of interest in the plaintife 1121 1189. Motion in lieu of plea to the jurisdiction 1122 1190. Motion to dismiss on ground of suit pending. 1122 1191. Motion by defendant for leave to file interrogatories 1122 1192. Motion to extend time for answer 1123 1193. Motion by defendants to vacate restraining order 1123 1194. Motion to dissolve injunction 1124 1195. Motion for leave to file supplemental pleading 1124 1196. Motion by defendants for leave to file supplemental answer (an- other form) 1124 1197. Motion for jury trial 1124 1198. Motion to transfer cause to law side of the court 1125 1199. Motion for writ of ne exeat 1125 1200. Affidavit to obtain writ of ne exeat 1125 1200a. Motion for preliminary injunction restraining infringement of patent 1126 1200b. Motion to strike out answer 1126 1200c. Motion for further and better statement 1126 1200d. Motion for particulars 1126 1200e. Motion to dismiss for want of necessary party 1128 1200f . Motion to correct praecipe 1128 1200g. Waiver and motion 1129 1200h. Motion to allow repairs and make them a charge upon certain property 1129 12001. Motion to take bill pro confesso 1129 CHAPTEE XL FEDEEAL POEMS FOE PETITIONS 1201. Formal parts 1131 1202. Petition to intervene 1131 1203. Petition for leave to intervene 1131 1203a. Order of court granting leave to intervene 1132 1204. Petition for leave to file a supplemental bill of complaint. . ..1132 1205. Petition for rehearing 1132 1206. Petition of receiver for leave to sell assets 1133 1207. Petition of receiver for leave to sell assets at private sale 1134 1208. Petition of receiver for leave to borrow money upon receiver's certificates 1135 1209. Proof of service of notice upon petition of receiver for leave to borrow money 1137 1210. Petition of receiver for order limiting the time for proof of claims 1137 1211. Affidavit of having given notice under interlocutory decree of the court 1138 1212. Petition of ancillary receiver to be allowed to pay insurance. . .1138 1213. Petition for confirmation of report of temporary receiver and for special instructions 1139 1214. Petition of receiver for discharge 1139 1215. Petition for leave to file bill against receiver 1139 1216. Petition for confirmation of report of special master and for special instructions .... J 1142 1217. Petition and affidavit for writ of assistance , 1142 1218. Petition for attachment for contempt 1143 '■^'O. Affidavit in support of petition for writ of attachment 1143 1:^20. Affidavit in support of petition for writ of attachment 1144 xxxvi TABLE OF CONTENTS FORM PAGE 1221. Petition for rehearing .1144 1221a. Petition of receiver to borrow money to advance to lien claim- ants and order thereon 1145 1221b. Order authorizing loan 1145 1221e. Petition of receivers to borrow money to preserve property and order entered thereon 1146 1221CC. Order 1147 1221d. Petition for leave to issne receivers' certificate 1148 1221e. Petition for issuance of subpoena caption and address 1149 1221f. Petition for contempt for having toobeyed an order of the court in regard to an infringement of patent 1150 1221g. Petition on appeal from order granting preliminary injunction and for suspension of injunction on filing supersedeas bond . . 1151 1221h. Petition for appeal and continuance of injunction 1151 1221i Petition for appointment of special commissioner to take dep- osition 1151 1221J. Petition by trustee under mortgage for leave to sue receivers for purpose of foreclosing mortgage 1152 1221k. Petition for leave to file supplemental bill 1153 1221 1. Petition of prior mortgagor to intervene 1154 1221m. Petition to intervene in ancillary receivership proceedings .... 1157 1221n. Eeceivers' petition for order confirming sale and for order to present claims 1158 CHAPTEK XLI PEDEEAL FOEM FOB INTEELOCUTOEY OEDEES 1222. Formal parts 1160 1223. Short form of order when annexed to motion or petition 1160 1224. Summons to show cause with restraining order 1160 1225. Temporary restraining order 1161 1226. Eequest for order pro confcsso 1162 1227. Order taking bill pro confesso 1162 1228. Order to take bill pro confesso (second form) 1162 1229 Order of court appointing special master to take an accounting. .1162 1230. Order of court appointing special master hj reason of exceptional conditions 1163 1231. Order confirming the report of master 1163 1232. Order of sale by special master 1163 1233. Notice of sale by special master 1164 1234. Order confirming sale of master 1164 1235. Order of notice on receiver's petition for leave to sell at private sale 1165 1236. Order on receiver's petition to be allowed to pay insurance pre- miums 1165 1237. Order confirming final report of receiver 1166 1238. Order discharging receiver 1166 1239. Order for writ of ne exeat 1166 1239a. Commission to take deposition on oral interrogatories 1167 1239b. Certificate of commissioner to be attached to commission and deposition 1167 1239c. Order granting leave to sue receivers 1168 1239d. Order to file statement showing extent of infringement 1169 1239e. Order allowing appeal and partial supersedeas 1169 1239f . Order allowing appeal 1170 1239g. Order for reproduction of testimony in exact words of witnesses. 1170 1239h. Order of notice on non-resident to appear and answer 1170 12391. Order for preliminary injunction enjoining infringement of patent 1171 1239J. Order for issuance of commission to take deposition 1171 TABLE OP CONTENTS xxxvii CHAPTER XLII FEDERAL FORMS FOR INTERLOCUTORY AND FINAL DECREES FORM PAGE 1240. Formal parts 1173 1241. Decree pro confesso 1173 1242. Decree appointing master 1173 1243. Decree granting preliminary injunction and appointing temporary receiver 1174 1244. Oath of receiver 1176 1245. Decree appointing temporary receivers 1176 1246. Decree appointing ancillary receiver 1178 1247. Order of notice on petition of receiver 1179 1248. Interlocutory decree for the proof of claims 1180 1249. Decree appointing receiver of a railroad 1180 1250. Decree authorizing receiver to sell assets at private sale 1183 1251. Decree confirming receiver 's sale 1184 1252. Decree allowing receiver's third report and ordering a partial distribution 1186 1253. Decree authorizing issuance of receiver's certificates 1187 1254. Receiver 's certificate 1188 1255. Final decree with permanent injunction 1189 1256. Decree of revival .' 1190 1257. Consent decree on bill in nature of a bill of review 1190 1258. Decree for deficiency under bill for foreclosure 1191 1259. Final decree on exceptions to master's report 1191 1260. Final decree on bill and cross bills 1192 1261. Final decree dismissing restraining order and giving full effect to foreclosure proceedings 1192 1262. Decree dissolving injunction '. ■ . 1193 1263. Consent decree declaring plaintiff owner of copyright and fixing damage 1193 1264. Final decree enjoining infringement of trade mark 1194 1264a. Decree appointing ancillary receiver 1194 1264b. Decree establishing validity of patent, declaring infringement and completing accounting of profits 1196 1264c. Decree confirming sale 1197 1264d. Decree after mandate establishing validity of patent and in- fringement thereof and compelling accounting of profits be- fore master and issuing perpetual injunction 1197 1264e. Decree after mandate vacating previous decree 1199 1264f. Decree for foreclosure of trust mortgage 1200 CHAPTER XLIII FEDERAL FORMS FOE MASTERS' AND RECEIVERS' REPORTS 1265. Formal parts 1204 1266. Master's report of profits in patent case 1204 1267. Master's report upon receiver's petition 1205 1268. Master's report of sale 1206 1269. Plaintiff 's exceptions to master 's report 1207 1270. Receiver 's exceptions to master 's report 1208 1271. Defendant 's exception to master 's report 1208 1272. Receiver 's report 1208 CHAPTER XLIV FEDERAL FORMS FOR PROCEEDINGS ON APPEAL 1273. Petition on appeal to Circuit Court of Appeals and assignment of errors 1209 1274. Petition for allowance of appeal (another form) 1209 xxxviii TABLE OF CONTENTS rOEM PAGE 1275. Petition for allowance of appeal to Supreme Court 1210 1276. Assignment of errors 1210 1277. Praecipe 1210 1278. Praecipe (another form) 1211 1279. Citation on appeal 1211 1280. Acknowledgment of service of citation 1212 1280a. Assignment of errors 1212 1280b. Supplemental assignment of errors 1212 CHAPTEE XLV FEDEEAI, FOEMS FOE BONDS 1281. Bond on appeal 1214 1282. Bond for restraining order 1214 1283. Eeeeiver's bond 1215 1284. Bond for security for costs 1216 1285. Bond for release of defendant arrested on writ of ne exeat 1216 1286. Special bond for damages by reason of injunction and seizure of maps and plates 1217 CHAPTER XL VI PEDEEAL FOEMS FOE WEITS 1287. Writ for seizure of property claimed to infringe a copyright. . .1218 1288. Marshal's return 1218 1289. Writ of injunction 1219 1290. Writ of venditioni exponas 1219 1291. Writ of assistance 1220 1292. Writ of ne exeat 1220 1293. Of&cer's return of service of equity subpoena 1221 1294. Eetnm of service of order to show cause why preliminary in- junction should not issue 1221 EQUITY FORMS CHAPTER I FOEMAL PARTS TO BILLS Following are tlie formal parts of bills in equity as currently in use in the various jurisdictions. It will be noticed that the party plaintiff is here designated in some cases as "complainant" or "orator" instead of "plaintiff." The use of the term "plaintiff" is to be recommended throughout pleadings in equity, but in the formal parts here given the prevailing local practice is followed. The terms "plaintiff" and "defendant" were originally employed in early English practice, the forms "orator" and "complainant" arose under later statutes, and the best modern practice tends to a restora- tion of the older and simpler forms. It is recommended that even where the local rules of practice do not require it, bills and prayers should be in paragraphs numbered seriatim. In such case, it is sug- gested that the numbering be by Arabic or Roman car- dinals, 1, 2, 3, etc., or I, II, III, etc., and not by the ordi- nals "first," "second," and ^o on, since the latter form eventually becomes cumbersome, especially in the- case of the allegations of the bill. Instead of beginning each paragraph with the word "that," the direct narrative form is advised and used 2 EQUITY FORMS throughout the forms in this book, thus: "1. The plain- tiff was on the fifth day of July," etc. In some states the prayer for process has been done away with. Where the prayer for process is still used, an injunction or ne exeat, when desired, must be expressly prayed for in the prayer for process. The oath to the biU is usually required by the chancery rules only when the bill prays for an injunction or dis- covery. The oath may be by an attorney or ia the case of a corporation by any officers ha^Tug personal knowl- edge of the facts, and when so taken the character of the affiant as such attorney or officer should be stated. It is not necessary for the bill to be dated, since the date of filing the bill, and not its own date, as in the case of a suit at law, is the date when the action is begun. But although the date serves no important purpose, the bill is frequently dated either at the end on the left under the name of the solicitor, or in the body of the bill before the signature of the plaintiff. In most states, answer under oath is required unless expressly waived, although in some states (e. g. Maine) answer under oath need not be furnished unless asked for in the bUl. In the following collection of formal parts to bills, clauses relating to sworn answers are placed in parenthesis, to be omitted or used in the forms as is appropriate in any particular case. The attention of the practitioner is particularly called to the fact that the various forms and precedents for drafting bills in equity, which are grouped in this col- lection under the general heads of equity jurisdiction such as fraud, trust, accident, mistake and the like, al- though derived from the practice of the several states are really with a few exceptions, which are noted in each case, general chancery precedents which can be used inter- changeably by inserting the substantive allegations of these precedents in the formal parts given for biUs in equity in other states. The author offers the following forms and precedents as helpful suggestions, and believes them to be correct, but does not wish to be understood as guaranteeing their sufficiency. A. B., Plaintiff, vs. CD.. Defendant. FORMAL PARTS TO BILLS ALABAMA « Form No. 1 BILL OF COMPIiAINT In the Circuit Court for No County, in Equity. To the Honorable X. Y., Judge of the Circuit Court for County, in Equity; or To the Honorable X. Y., Judge of the Court of Alabama in Chancery sitting; or To the Honorable Judges of the City Court of in Chancery sitting. ) Your orator (.or oratrix, if a woman), A. B., a resident of , and over twenty-one years old, respectfully exhibits this her bill of complaint against C. D., a resident of the state of Alabama, residing at in said state, who is also over twenty-one years old. And humbly complaining your orator would represent unto your Honor as follows: 1. (Here insert the substantial allegations of the bill in paragraphs numiered seriatim.) To the end, therefore, that the said defendants may show why your orator should not have the relief hereby prayed, and may, upon their respective oaths (if oath is waived omit "upon their respective oaths") and according to the best and utmost of their knowledge, remembrance, information, and belief, respectively, full, true, direct, and perfect an- swer make to such of the statements, or to the several interrogatories hereinafter numbered and set forth, as by the note hereunder written they are respectively required to answer , that is to say, 1. Whether (etc.). 2. "Whether (etc.). And your orator prays that your Honor will take jurisdiction of his cause, and that your Honor will grant (here set forth the special form of relief desired). But if your orator has not asked the proper relief, he now asks such other and further relief as his case demands; and your orator offers to do such equity himself as equity requires of him in return for what may be granted to him in the premises. And your orator prays the issue of summons to the aforesaid de- fendants, C. D., etc. (setting out the name of each defendant to he summoned), commanding them to answer or demur to the plaintiff's bill of complaint in this cause within thirty days from the day of service thereof; and your orator will ever pray. A. B. G. H., Solicitor for Complainant. * The above forms are peculiar to the chancery practice of Alabama. The Alabama forms in this collection were furnished by Henry Upson Sims, Esq., of the Birmingham, Alabama, bar, from his work on Alabama practice, published by Callaghan & Co., Chicago, through his courtesy and that of the publishers. The practitioner is referred to Mr. Sims' excellent work for further assistance in regard to Alabama procedure. 4 EQUITY FORMS Foim No. 2 APFIDAVIT FOE USE WHEEE THE BILL ASKS DTJDNCTION OB BECEIVEB, OB WHEEE PLAINTIFF DESIEES TO OVEB- COME EFFECT OF A SWOEN ANSWEE Before me, K. L., Register in Chancery (or Notary Public), In and for on the day of 19 . . , personalty appeared A. B., plaintiff in the foregoing bill of complaint, who is known to me, and who being sworn by me, stated that the matters and things set forth in the said bill of complaint are true to his own knowledge, except those therein stated on his information and belief, and those matters he believes to be true. Signed and sworn to before me this day of 19. .. K. L., Register (or Notary Public). Fonn No. 3 FOOT-NOTE TO THE BILL The defendant, C. D., is required to answer the averments ui Sections 1 to inclusive of stating part of the bUl, and interrogatories numbered 1 to inclusive, in the interrogatiug part of the bill. And the defendant, E. F., is required to answer (stating which sections and interrogatories each defendant must answer, if different parts. But if each of the defendants is required to answer every section and interrogatory, it is enough to so state toithout repetition) s (If the plaintiff is represented hy counsel, the counsel must sign the footnote.) Foim No. 4 PEAYEE FOE PUBLICATION And your orator further prays that an order of publication be made against the said non-resident (or absent) defendant, and that the Register be required to make out and superintend execution of the same. Form No. 5 AFFIDAVIT OF NON-EESIDENCE ACCOMPANTING ABOVE PEAYEE (When the facts are not sworn to in the bill.) Before me, G. H., Register in Chancery for the district of the chancery division of Alabama, on the day of 19.., personally appeared A. B., known to me, who being sworn by me stated that the defendant, E. P., is, in the belief of affiant, a non-resident (or is a resident and has been absent from the state more than six months from the filing of the bill, or that he conceals himself so that process cannot be served upon him) and is further in the belief of affiant over twenty-one years old (or a minor over or under 14 years old; or that his age is unknown to affiant). A. B. Subscribed and sworn to before me this day of , 19- ■• G. H., Register. 5 The plaintiff may waive the oath of the defendant to the answer, unless to a hUl of discovery; and if he desires to do so, he adds to the footnote "but oath is hereby waived." FORMAL PARTS TO BILLS 5 DELAWARE « Form No. 6 BILL OF COMPLAINT In the Court of Chancery of the State of Delaware, in and for County. A.B. 1 ^j I Bill for foreclosure (or injunction, or as the case C.D.andKF. J '»«2/ 6e). To the Chancellor of the State of Delaware. A. B., of brings this bill of complaint against C. D., of and E. F., of and says: (Or, Humbly complaining, showeth unto your Honor, A. B., of as follows: ) 1. (Here insert the substantial allegations of the bill in paragraphs numbered seriatim.) The plaintiff prays as follows: 1. That (here set forth the special form of relief desired). 2. That the plaintiff may have such further or other relief as the nature of the case may require. 3. That a subpoena may issue for the said C. D. and B. F. as de- fendants in -this cause requiring them to appear and answer to this bill (but not under oath, oath to their answer being expressly waived). A. B. G. H., Solicitor for Complainant. Interrogatories referred to in the prayer of the foregoing bill of complaint: 1. Did or did not (etc.). 2. Was or was not (etc.). (Add further interrogatories numbered seriatim.) Of these interrogatories the defendant C. D. is required to answer numbers one and two, and the defendant E. F. is required to answer numbers three and four. I. J., Solicitor for Defendants. (Oath to bill in the usual form, if desired or necessary.) FLORIDA' Form No. 7 BILL OF COMPLAINT In the Circuit Court of County, Florida. In Equity. A. B., Complainant,"! vs. I Bill of Complaint. C. D., Defendant. J To the Judge of the Circuit Court of the First Judicial Circuit of Florida in and for the County of in Chancery sitting: A. B., of the county of and state of Florida, brings his bill of complaint against C. D., of the county of and state of Florida, and thereupon your orator complains and says: 1. (Here insert the substantial allegations of the bill in paragraphs numbered seriatim.) 6 The above form is peculiar to the chancery practice of Delaware. ' The above form Is peculiar to the chancery practice of Florida. 6 EQUITY FORMS Forasmuch, therefore, as your orator is without remedy, save in a court of equity; and to the end that the said (naming defendants) all of whom are made parties defendant to this bUl, may if they can show why your orator should not have the relief herein and hereby prayed, and may to the best of their several and respective knowledge, re- membrance, information and belief, full true, direct and perfect answers make to each and every of the matters and things herein alleged and set forth, as if thereunto specifically interrogated (but not under oath, answer under oath being hereby expressly waived), your orator, there- fore, prays: 1. That (here set forth in numbered paragraphs the special form of relief desired). 2. And that your orator may have such other and further relief in the premises as to your Honor shall seem meet and proper in equity and good conscience. And may it please your Honor to grant imto your orator the State's most gracious writ of subpoena, to be directed to the defendants (nam- ing them), thereby commanding them and each of them individually at a day certain and under a penalty therein to be specified, to be and appear before this Honorable Court, and then and there to answer all and singular the allegations in this bill of complaint contained (but not under oath, answer under oath having been expressly waived), and to stand to and abide by such other and further orders and decrees herein as to your Honor shall seem meet and proper. And your orator will ever pray, etc. A. B. G. H., Solicitor for the Complainant. Form No. 8 OATH TO BILL State of Florida, County of ss. On this day before me, a Notary Public in and for the state ot Florida at large, duly qualified and acting, personally appeared A. B., who being by me first duly sworn deposes and says: That he is the complainant in the foregoing bill of complaint; that he has read the said bill of complaint; and that the matters and things therein stated are true, except as to such matters and things as are stated therein upon Information and belief, and as to such matters and things he believes them to be true. (And affiant further says that he believes there are persons, other than the known defendant, whose names are unknown to him, inter- ested in the property involved in this suit, and that the known de- fendant in the said bill is C. D.) A. B. Sworn to and subscribed before me this day of , A. D., 19... K. L., Notary Public, State of Florida at Large. My commission expires , A. D., 19. .. FORMAL PARTS TO BILLS 7 ILLINOIS 5 Form No. 9 BILL OF COMPLAINT In the (name of court). A. B. 1 vs. I In Chancery. CD. J To the Honorable Judges of said Court, in Chancery sitting: The plaintiff, A. B., of respectfully represents unto your Honors that: 1. (Here insert the suhstantial allegations of the Mil in paragraphs numhered seriatim.) Forasmuch, therefore, as the plaintiff is without remedy in the premises except in a court of equity, and to the end that the said (naming defendants) may be required to make full and direct answer to the bill of complaint (but not under oath, the answer under oath being hereby expressly waived) ; that (here set forth the special form of relief desired) ; and that the plaintiff may have such other and fur- ther relief as the nature of the case may require: May it please your Honors to grant a writ of summons in chancery directed to the sheriff of said county of commanding him that he summon the defendants (naming them) to appear before said court on the first day of the next term, to be held at the courthouse at in the county of aforesaid, and then and there to answer this bill, and to stand to and abide by and perform the decrees as this court shall enter and shall seem agreeable to good conscience, and the plaintiff will ever pray. Dated this day of 19 . . . E. F., Solicitor for Plaintiff. A. B. (Oath to Mil, in the usual form, if desired or necessary.) MAINE « Form No. 10 BILL OF COMPLAINT State of Maine. (Name of County), ss. Supreme Judicial Court. In Equity. A. B. vs. C. D. To the Supreme Judicial Court. A. B., of complains against C. D., of and says: 1. (Here insert the suhstantial allegations of the Mil in paragraphs numbered seriatim.) Wherefore the plaintiff prays: 1. That (here set forth the special form of relief desired). 2. And that the plaintiff may have such other and further relief as the nature of the case may require. 8 The above form is peculiar to the chancery practice of Illinois. 9 The above form is peculiar to the chancery practice of Maine. 8 EQUITY FORMS And may it please this Honorable Court to issue its subpoena to the said {naming defendant) commanding him to appear before this court and answer to this bill of complaint at the rules following (or at a regular term of court) and abide the orders and decrees of court thereon. A. B. (or A. B. by E. F., his attorney). Dated this day of 19 . . . E. F., Solicitor for Plaintiff. Form No. 11 OATH TO BILL State of Maiae. ss. 19... Then personally appeared A. B., and made oath that he has read the above bill and knows the contents thereof and that the same is true of his own knowledge, except the matters stated to be on infor- mation and belief, and that, as to those matters, he believes them to be true. Before me, E. F., Justice of the Peace. MARYLAND ^'> Form No. 12 BILL OF COMPLAINT A.B., Plaintiff, vs. CD., Defendant. . In the (name of court). To the Honorable, the Judge of said Court: The plaintiff, complaining, says: 1. (Here insert the substantial allegations of the till in paragraphs numtered seriatim.) To the end, therefore 1. That (here set forth the special form, of relief desired). 2. That the plaintiff may have such other and further relief as the nature of the case may require. May it please your Honor to grant unto the plaintiff the writ of subpoena directed to the said n (naming adult defendants), adults, and (naming infant defendants) , infants, all residing at commanding them to be and appear in this court at some certain day, to be named therein, and answer 12 (under oath) the premises and abide by and perform such decree as may be passed therein. And as in duty bound, etc. A. B. E. F., Solicitor for Plaintiff. (Oath to Mil in the usual form, if desired or necessary.) 10 The above form is peculiar to the chancery practice of Maryland. 11 Under Chancery Rule 16 of Maryland, the prayer for process must contain the names and residences so far as known of all the defendants. If any are known to be infants or under other disability, such fact must be stated. 12 Under the 15th General Equity Rule, the allegation of want of FORMAL PARTS TO BILLS 9 MASSACHUSETTS ^^ Form No. 13 BILL OF COMPLAINT Commonwealth of Massachusetts, (T^lame of Ccmrt), (Name of County), ss. In Elqulty. To the Honorable the Justices of the (Supreme Judicial or Superior) Court within and for the County of sitting in Equity. A. B., of , complains against C. D., of and says: 1. (Here insert the substantial allegations of the Mil in paragraphs numbered seriatim.) Wherefore the plaintiff prays: i* 1. (Here set forth the special form' of relief desired.) A. B. E. F., Solicitor for Plaintiff. (Oath to Mil in the usual form, if desired or necessary.) ib MICHIGAN Form No. 14 BILL OF COMPLAINT To the Circuit Court for the County of In Chancery. Your orator, A. B., of in the county of and state of Michigan, complaining of C. D., of the county of and state of Michigan, respectfully shows unto the court: 1. (Here insert the substantial allegations of the Mil in paragraphs numbered seriatim.) I. Your orator therefore requests the aid of this Honorable Court that the said C. D. may, if he can, show why your orator should not have the relief hereby prayed (without oath, all answer upon oath being hereby waived), and full, true, direct and perfect answer make to all and singular the matters hereinbefore stated and charged. II. That (here set forth the special relief required, in paragraphs numbered seriatim). III. And • that your orator may have such further or such other relief as shall be agreeable to equity and good conscience. (Prayer for process rendered unnecessary by Chancery Rule 1 (c) may be added if desired, as follows:) remedy at law and similar formal averments, shall be omitted; nor shall it be necessary to pray that the defendants be required to answer, unless an answer under oath is desired or there be special interroga- tories appended to the bill. 13 The above form is peculiar to the chancery practice of Massa- chusetts. 14 Under Mass. R. L. chap. 159, sec. 12, no prayer for answer, general relief or process need be made. See Allen v. French, 180 Mass. 489. 15 Mass. Equity Rule 2 provides that "Injunctions are not to issue except upon bill which has been sworn to or upon verification of the material facts upon aflSdavit or otherwise." 10 EQUITY FORMS IV. And may it please the Court, the premises being considered, to grant unto your orator the gracious writ of subpoena of the People of the State of Michigan, to be issued out of and under the seal of this Honorable Court and directed to the said defendant C. D., therein and thereby commanding him on a certain day and under a certain penalty to be therein inserted, personally to be and appear before this Honor- able Court and answer the premises and to stand to, abide and per- form such order and decree therein as this court shalKdeem agreeable to equity and good conscience. And your orator will ever pray. A. B. E. F., Solicitor for Complainant and of Counsel. Form No. 15 OATH TO BUJ. State of Michigan. County of ss. On this day of , A. D. 19 . . , before me the under- signed, a notary public (or as the case may 6e), of, in and for the said county personally appeared the above named complafnant, A. B., and made oath that he has read (or heard read) the foregoing bill of complaint by him subscribed and knows the contents thereof, and that the same is true of his own knowledge, except as to those matters which are therein stated to be on information and belief and as to those matters he believes it to be true. L. M., Notary Public {or as the case may 'be) County, Michigan. My commission expires 19. .. MISSISSIPPI The formal parts for the hill of complaint in use in Tennessee may be used in Mississippi. See Form No. 20, post, p. 12, NEW HAMPSHIRE i« Form No. 16 BILL OF COMPLAINT State of New Hampshire. (Name of County), ss. Superior Court Term, 19... A. B. "] vs. v CD. J A. B., of complains against C. D., of , and says: 1. (Here insert the substantial allegations of the bill in paragraphs numbered seriatim.) And thereupon the plaintiff prays (here set forth the special form of relief desired) and for such other relief as may be just. A. B. By his Solicitor, E. F. (Oath to bill in the usual form, if desired or necessary.) 115 The above form is peculiar to the chancery practice of New Hamp- shire. FORMAL PARTS TO BILLS 11 NEW JERSEY" Form No. 17 BILL OF COMPLAINT To His Honor the Chancellor of the State of New Jersey: Humbly complaining shows unto your Honor, your orator, A. B., of in the county of and state of New Jersey, that: 1. (Here insert substantial allegations of the bill, in paragraphs numbered seriatim.) In consideration whereof and forasmuch as your orator has not a complete and safe remedy in the premises of and by the strict rules of the common law, to the end, therefore, that the said C. D. may, upon his corporal oath (or but without oath, the same being waived pursuant to statute) true, full and perfect answer make to all and singular the premises as fully and particularly as if the same were here again re- peated and he particularly interrogated thereto, according to the best of his knowledge, information, remembrance and belief, and that (here set forth special relief desired) ; and that your orator may have such other and further relief in the premises as to your Honor shall seem meet and as shall be agreeable to equity and good conscience; may it please your Honor, the premises considered, to grant unto your orator a writ or writs of subpoena issuing out of, and under the seal of this Honorable Court to be directed to the said C. D., therein and thereby commanding him on a certain day and under a certain penalty, therein to be inserted, to be and appear before your Honor and this Honorable Court, then and there to answer all and singular the premises and to stand to, abide by and perform such order and decree therein as your Honor shall seem meet and as shall be agreeable to equity and good conscience. And your orator, as in duty bound, will ever pray, etc. E. F., Solicitor for and of Counsel with the Complainant. (Oath to bill in the usual form, if desired or necessary.) PENNSYLVANIA ^^ Form No. 18 BILL OF COMPLAINT In the Court of Common Pleas, No , of County. Sitting in Equity. Between A. B., of Plaintiff, and C. D., of , and E. F., of , Defendants. To the Honorable the Judges of said Court: Your orator complains and says: 1. (Here insert the substantial allegations of the bill in paragraphs numbered seriatim.) Term. No IT The above form is peculiar to the chancery practice of New Jersey. 18 The above form is peculiar to the chancery practice of Pennsyl- vania. 12 EQUITY FORMS Therefore your orator needs equitable relief and prays: 1. That (here set forth the special form of relief desired). 2. That your orator may have such other and further relief as to your Honors may seem meet and proper. X. Y., Solicitor for Plaintiff. (Oath to till in the usual form, if desired or necessary.) RHODE ISLAND >" Form No. 19 BILL OF gOMPLAINT State of Rhode Island and Providence Plantations (Name of County) , ss. Superior Court. A.B. "I vs. I In Equity. No C^D. J To the Honorable the Superior Court, sitting in Equity: A. B., of , brings this his bill of complaint against C. D., of and thereupon complains and says: 1. (Here insert the substantial allegations of the bill in paragraphs numbered seriatim.) Wherefore the plaintiff prays: 1. That (here set forth the special form of relief desired). 2. And that the plaintiff may have such other and further relief as the nature of the case may require. And may it please this Honorable Court to issue its subpoena to the said (naming defendants), commanding them and each of them upon a certain day and upon a certain penalty therein to be specified to be and appear before this Honorable Court and then and there to answer (upon oath) (but not under oath, oath hereto being expressly waived) all the premises and to stand to, and abide and perform such order and decree as to this court shall seem meet and the circumstances of the case require. A. B. (or A. B. by E. F., his attorney). E. F., Solicitor for Plaintiff. (Oath to Mil in the usual form, if desired or necessary.) TENNESSEE ^^ Form No. 20 BILL OF COMPLAINT A. B., of Plaintiff, VS'. CD., of ,and E. F., of Defendants. To the Honorable L. 'M., Chancellor, etc., holding the Chancery Court at The complainant respectfully shows to the Court as follows: 3 9 The above form is peculiar to the cha]icery practice of Rhode Island. 20 The above form is peculiar to the chancery practice of Tennessee, but is available also for use in Mississippi. FORMAL PARTS TO BILLS 13 1. (Sere insert the substantial allegations of the Mil in paragraphs numbered: seriatim.) The complainant prays that process {or, subpoena to answer) may Issue against the resident defendants aforesaid, and that publication be made as to said E. F., agreeably to the provisions of the law appli- cable in such cases, to cause said defendant to appear; that they be re- quired to answer this bill fully and particularly (but their answer on oath is waived) ; that {here set forth the special form of relief desired) ; and that such other and general relief be granted him as the nature of the case shall require. X. Y., Solicitor for Complainant. {Oath to bill in the usual form, if desired or necessary.) VERMONT" Form No. 21 BILL OF COMPLAINT State of Vermont. {Name of County), ss. A. B. 1 vs. I In Chancery. CD. J To the Court of Chancery in and for the County of and State of Vermont: A. B., of brings this his bill in chancery against C. D., of and thereupon complains and says: 1. {Here insert the substantial allegations of the bill in paragraphs numbered seriatim.) Wherefore the plaintiff prays: 1. That {here set forth the special form of relief desired). 2. And that the Plaintiff may have such other and further relief as the nature of the case may require. (The plaintiff waives an answer under oath.) A. B. E. F., Solicitor for Plaintiff. {Oath to bill in the usual form, if desired or necessary.) VIRGINIA" Form No. 22 BILL OF COMPLAINT State of Virginia. In the Circuit Court of the County of A.B. "I vs. I In Equity. CD. J To the Honorable Judge of the Circuit Court of the County of : A. B., of , complains against C D., of and says: 1. (Here insert the substantial allegations of the bill in paragraphs numbered seriatim.) 21 The above form is peculiar to the chancery practice of Vermont. 22 The above form is peculiar to the chancery practice of Virginia. li EQUITY FORMS Wherefore the plaintiff prays: 1. That (here set forth the special form of relief desired). 2. And that the plaintiff may have such other and further relief as the nature of the case may require. And may it please this Honorable Court to issue its subpoena to the said (naming defendant) , commanding him to appear before this Court and answer to this bill of complaint (but not under oath, oath hereto being hereby expressly waived) at the rules following and abide the orders and decrees of court thereon. A. B. (or A. B. by C. D., his Counsel). C. D., Counsel for Plaintiff. Form No. 23 OATH TO BILIj State of Virginia. (Name of County), ss. Then personally appeared A. B., and made oath that he has read the above bill and knows the contents thereof and that the same is true of his own knowledge, except the matters stated to be on informa- tion and belief, and that, as to those matters, he believes them to be true. Before me. ., Justice of the Peace (or Notary Public). WEST VIRGINIA " Form No. 24 BILL OF COMPLAINT To the Honorable X Y., J^idge of the Circuit Court, County, West Virginia: The bill of complaint of A. B. (state the names of all the plaintiffs) , against C. D. (state the names of all the defendants if known, and if not, designate them as the "unknown parties," or "unknown heirs," etc., as the case may he), filed in the Circuit Court of County. The plaintiff complains and says that (here state all the facts con- stituting a claim to relief). The said plaintiff therefore prays that (here set forth the special form of relief desired). He also asks such other and general relief as the Court may see fit to grant. A. B., Plaintiff. E. F., Solicitor for Plaintiff. State of West Virginia.a* County, to-wit: A. B., the plaintiff named in the foregoing bill, being duly sworn, 23 This form is taken from Code of W. Va., Ch. 125, Sec. 37, which provides that "The plaintiff's bill may be in form or in substance as fol- lows" and then sets forth the foregoing form. See Cook vs. Dorsey, 38 W. Va. 196, where Judge Brannon in the syllabus says, "A bill in equity may in form, as to parties, follow the chancery practice used before the enactment of Sec. 37, Ch. 125 Code, or the form prescribed by that sec- tion, but it must follow one or the other." "Every person designated in the caption of such bill as defendant shall be a defendant therein, without prayer that he be made such, and shall be required to answer the bill in the same manner and to the same extent as if he were therein called upon to do so." Code, iMd. 2* This form of verification is given in Code, Ch. 125, Sec. 42. FORMAL PARTS TO BILLS 15 says that the facts and allegations therein contained are true, except so far as they are therein stated to he on information, and that so far as they are therein stated to be upon information, he believes them to be true. A. B., Plaintiff. Taken, sworn to and subscribed before me this day of ,19.-. E. F., Notary Public (or other officer). SPECIAL FORMS FOR INTRODUCTORY PARTS '' Form Kg. 25 PARTNEES A. B. and C. D., both of in the county of and state of co-partners in business in said , under the firm name of B. & D. Form No. 26 SURVIVING PARTNER A. B., of surviving partner of the late firm of B. & D., ■which firm was composed of the said A. B. and C. D., late of said , deceased. Form No. 27 CORPORATION— DOMESTIC The Company, a corporation organized and existing under the laws of the state of , and located at in the county of , in said State. Form No. 28 CORPORATION— FOREIGN The Company, a corporation existing by law and having a place of business at , in the county of and state of (Or when not doing business within the state: having its principal office and place of business at , etc.) Form No. 29 TOWN OR CITY (In New England) . The Inhabitants of the Town of in the County of and State of Form No. 30 COUNTY The Inhabitants of the County of in the State of {In "West Virginia: The County Court of County, a Corpora- tion.) Form No. 31 EXECUTOR A. B., of executor of the last will of C. D., late of deceased. 25 These forms are available for use in general chancery practice. 16 EQUITY FOKMS Form No. 32 ADMINISTEATOE A. B., of administrator of the estate of C. D., late of deceased. Form No. 33 TETJSTEE OF BANKEtTPT A. B., trustee in bankruptcy of the estate of C. D., who has been adjudged a bankrupt under the existing bankruptcy law of the United States. Form No. 34 INT ANT A. B., of , an infant under the age of twenty-one years, by C. D., of his next friend (or guardian). Form No. 35 INSANE PEESON A. B., of an insane person, by C. D., his guardietn (or by C. D. and E. F., his committee). Form No. 36 CEEDITOE ON BEHALF OF SELF AND OTHEES A. B., of , in behalf of himself and all other unsatisfied creditors of C. D., of , who may wish to join as plaintiffs and contribute to the expense of this suit Form No. 37 SHAEEHOLDEE IN BEHALF OF SELF AND OTHEES A. B., of in behalf of himself and all other shareholders in the Company who may wish to join as plaintiffs and contribute to the expenses of this suit. Form No. 38 INFOEMATION BY ATTOENET-GENEEAL A. B., of Attorney-General of the State of , in be- half of said State, informing shows. Form No. 39 INFOEMATION BY ATTOENEY-GENEEAL AND EELATOE A. B., of Attorney-General of the State of at and by the relation of C. D., of , in behalf of said State, informing shows. {Or, The State of , which sues by A. B., its Attorney- General, at and by the relation of, etc.). Form No. 40 INFOEMATION AND BILL A. B., of , Attorney-General of the State of , at and by the relation of C. D., of in behalf of said State, informing FORMAL PARTS TO BILLS 17 shows, and also the said C. D., complaining says. lOr, The State of which sues by A. B., its Attorney-General, at and by the rela- tion of C. D., etc.). SPECIAL FORMS FOR SIGNATURES =« Form No. 41 BY GUARDIAN A. B., guardian of C. D. (,or, C. D. by A. B., his guardian). Form No. 42 BY CORPORATION The Company, by A. D., President. (Seal) (or other duly authorized officer). Form No. 43 BY TOWN OR CITY (In Uew England). The Inhabitants of the Town (or City) of , by C. D., their Attorney (or agent). SPECIAL FORMS OF PRAYER FOR PROCESS " Form No. 44 PRAYER FOR WRIT OF INJUNCTION AND SUBPOENA 2S And may it please this Honorable Court to grant the plaintiff its writ of injunction, directed against the said (naming defendants), to restrain them, their attorneys, agents or servants, from (etc.), as afore- said; and also to issue its writ of subpoena to said defendants com- manding them (etc., as in prayer for simple subpoena). Form No. 45 PRAYER FOR WRIT NE EXEAT 29 And may it please this Honorable Court to grant the plaintiff its writ of ne exeat repuilica to restrain the said (naming defendants) from departing out of the jurisdiction of this Court, and also to issue its writ of subpoena (etc., as in prayer for simple subpoena). Form No. 46 PRAYER FOR INJUNCTION— NEW JERSEY May it please your Honor, the premises considered, to grant unto the plaintiffs the State's writ of injunction, issuing out of and under the 26 These forms are available for use in general chancery practice. 2T These forms are available for use in general chancery practice, ex- cept as otherwise stated. 28 When a perpetual injunction is sought as part of the relief under the final decree, and a preliminary injunction is also required, the latter should be specially prayed for. This may be done briefly by adding a prayer to this effect, viz: "And also that a preliminary in- junction may issue to restrain the defendants, their agents, (etc., as the case may le) in like manner until the further order of the Chancel- lor (or of the Court)." 29 When the writ ne exeat is prayed for, the bill should state the grounds for the writ and be verified by oath, and then the matter should be brought to the attention of the court by motion, usually in- formally and orally, as in the case of bills praying injunction. IS EQUITY FORMS seal of this Honorable Court, to be directed to the said C. D., his agents, servants and attorneys, restraining him and them from (here state relief desired). Form No. 47 PEATEE FOR INJUNCTION— ILLINOIS As above in New Jersey form except that the writ of injunction is descriied as "the people's writ of Injunction." Form No. 48 PEATEE FOE INJUNCTION— WEST VIEGINIA Plaintiff, therefore, prays that an injunction may be awarded him, enjoining and restraining the said defendants from {here insert matters to 6e enjoined), until the further order of this Court in the premises. Form No. 49 PEAYEE FOE EECEIVEE Plaintiff, therefore, prays that some suitable person may be ap- pointed receiver with power to take charge of the property (briefly specifying it) of the defendants, and of the rents, issues and profits thereof, and to administer the same until further order ot this Court CHAPTER II BILLS EELATING TO MORTGAGES (1) BILLS TO REDEEM FROM MORTGAGE ILLINOIS 1 Form No. 50 BILL TO REDEEM FEOM PORECLOSUBE TITLE OBTAINED CON- TBABY TO SPECIAL AGREEMENT (Title and Commencement.) 1. On the day of , 19. ., your orator to secure the payment of the principal sum of dollars, represented by three certain promissory notes of said date, each for the sum of dollars signed by your orator, and payable to the order of one N. W., or on or before one, two, and three years after date, respectively, with interest thereon at the rate of 6 per cent per annum, conveyed by mortgage deed of said date, to the said N. W., in fee simple, the follow- ing described real estate, to-wit: (Here give description.) situated in the county of , and state of Illinois, subject, how- ever, to a condition of defeasance upon the payment of the principal sum and interest, as aforesaid, according to the tenor and effect of said notes; said mortgage deed was on the day of the date thereof duly acknowledged by your orator, and afterwards, to-wit, on the I Bills in equity to redeem from mortgages are practically unknown in Illinois. Mortgages are foreclosed by bill in equity, and not by "strict foreclosure" or by private sales under power of sale in the mort- gage, as In some of the Eastern States, hence the occasion for a bill to redeem does not arise. The above form is based on the bill filed in Taylor v. Dillenburg, 168 111. 235, in regard to which the court said: "* * * Both from the bill and from the evidence it appears that the defendant had refused to comply with his contract to extend the time for redemption, and we know of no law which required the complainant, under such circum- stances to make a formal offer of performance on his part, before filing the bill. Moreover, it must be remembered that this is a bill to redeem from a foreclosure, and the law does not require a mortgagor to make a formal tender or allege an pffer to redeem in his bill before he is entitled to redeem. Barnard v. Cushman, 35 111. 451; Dwen v. Blake, 44 111. 135." The bill was held sufficient on demurrer. The above forms, although obtained from the practice of Illinois, are available for use in general chancery practice. 19 20 EQUITY FORMS day of , 19 . . , duly filed for record in the recorder's oflSce of said county, and recorded in book of records on page , as by tbe said deed, and the record thereof, and by a certified copy from said record, now ready to be produced here in court, will more fully appear. 2. On or about the day of 19. ., the note above described maturing on said date was paid by your orator to the legal holder and owner thereof, together with interest thereon, and interest due on the notes not then matured. The sum remaining unpaid on said outstanding notes, as principal and interest, was not paid by your orator upon the maturity thereof. Thereupon, to-wit, on the day of , 19.., the said N. W., the legal holder and owner of said notes and mortgage exhibited his bill of complaint in this court for the purpose of foreclosing the equity of redemption of your orator, in the premises hereinabove, in said mortgage and in said bill of complaint described; said bill of complaint was filed in this court, as general number ; your orator herein was not served with personal summons therein, but publication was had as to him in ac- cordance with the statute; the default of your orator was subsequently entered therein, and said cause was referred under the usual order to J. P. H., a Master in Chancery of this court; on the day of , 19. ., said Master filed his report in said cause in this court, and afterwards, to-wit, on the day of , 19 . ., a decree was duly entered in said cause confirming said Master's report, and directing the sale of the premises therein, and hereinabove described to satisfy the amount therein and by said Master's report found to be due to said N. W. from your orator, upon said notes and under the terms and conditions of said mortgage, unless such sum were paid within three days of the entering of said decree; such sum so found to be due and owing by your orator was not paid by him to said N. W. within the time so limited, as aforesaid, by said decree, and pursuant thereof, said premises so described as aforesaid, were afterward on the day of , 19 . . , sold by said Master to said N. W. for the sum of dollars, said sum being the amount found due by said Master's report as principal and interest on said notes, together with the amount paid by said N. W. to redeem said premises from a certain tax sale, and also the solicitor's fees allowed to said com- plainant, the taxes, costs of said suit, and the commissions of the said Master in Chancery; a certificate of sale, directed by said decree and by statute to be executed by said Master, was by him duly executed and delivered to the purchaser of said premises at said sale, to-wit, to said N. W., and a duplicate thereof duly filed by said Master, as pro- vided by statute, in the recorder's office of said county ; and the Master's report of such sale was afterward, to-wit, on the day of , 19.., duly approved in Court; all of which will more fully appear by the papers and orders on file and of record in said cause in this Court. 3. Said certificate of sale, executed by said Master as aforesaid, BILLS RELATING TO MORTGAGES 21 was, for a valuable consideration, assigned and transferred by said N. W., the purchaser of the premises therein described as aforesaid, to one M. D., the defendant hereinafter named, who thereby became the legal holder and owner thereof, but the exact date of such assignment and transfer is unknown to your orator. 4. After the assignment and transfer of said certificate of sale, by said N. W., to said M. D., and prior to the expiration of the time within which your orator was entitled to redeem said premises from said sale under the statute, to-wit, on or about the ' day of , 19 . . , the said M. D. agreed with your orator to extend, and thereby did extend, said time of redemption until the day of , 19. ., which said last mentioned date was fifteen months from the date of said sale, and the day upon which the holder of said cer- tificate of sale would be entitled to a deed of the premises therein described. If said premises had not been before that time redeemed from said sale. 5. Afterwards, to-wit, on the day of , 19.., and prior to the expiration of the time within which your orator was en- titled to redeem said premises from said foreclosure sale according to the terms of the agreement made by said M. D. with your orator as above set out, a new and further agreement was made and entered into by and between the said M. D. and your orator, whereby the said M. D., in consideration of the sum of dollars to be paid by your orator in addition to the amount due upon said certificate of sale (being the amount for which said premises were sold, with interest thereon at the rate prescribed by statute) and the sum or sums paid out since said sale by the said M. D., or his assignor, said N. W., for taxes assessed against said premises, at the time of the redemption of said premises from said sale by your orator, agreed to extend the time of such redemption for the further period of six months from said day of 19. ., to the day of ,19... 6. Relying upon the said agreement and promise of said M. D. as aforesaid, your orator discontinued certain negotiations by means of which the plaintiff was to secure the necessary sums to redeem said premises from said sale, and suffered the time within which he could have so redeemed to expire. 7. Notwithstanding the said last mentioned agreement entered into by said M. D. with your orator, the said M. D., with intent to Injure and defraud your orator, and to deprive and defeat him of the benefits of redeeming said premises, does pretend and give out that he did not agree to extend the time or redemption as aforesaid; he did not and does not intend to so extend the time of redemption, and absolutely repudiates his agreement entered into with your orator as aforesaid; and your orator avers that notwithstanding said agreement, the said M. D. did, on or about the day of 19 . . , present said certificate of sale to the Master in Chancery of this court by whom the said sale was conducted and did demand of said Master that a 22 EQUITY FORMS deed of the purchase therein described issue to him, said M. D., in accordance with the terms thereof; and that thereupon a deed of said premises was issued by said Master to said M. D., which said deed was afterwards, on the day of , 19. ., duly recorded in the recorder's ofiBce of said county of , in book on page whereby the equity of redemption of your orator in said premises has been cut off. 8. Your orator is informed and believes, and therefore avers, that said M. D. is still the legal owner of said premises and that if said premises have been conveyed by him, such conveyance is in fraud of the rights of your orator; and the plaintiff further represents that said premises are of great value, to-wit, the value of at least Forasmuch, therefore, as your orator is without remedy in the premises, save in a court of equity, and to the end 1. (Prayer for answer.) 2. That an account may be taken of the amount due under said certificate of sale, and for taxes paid out by said defendant since said sale; 3. That your orator may be permitted to redeem said premises from said sale, within such time as may be fixed by the Court, upon payment to the defendant of the amount so found to be due him, together with the further sum of dollars as agreed, by your orator; and that the defendant may be decreed upon being paid the sum so found to be due him upon said certificate of sale, and for taxes and the further sum of dollars to deliver up the possession of said premises, free and clear from all encumbrances; 4. That the defendant may be decreed to reconvey said premises to your orator; 5. That the Master's deed issued on said certificate of sale may be cancelled and declared to be null and void, and of no force and effect. (Add prayers for general relief and for process.) Form No. 50a BILL BY PAET OWNER TO REDEEM TROM FORECLOSURE OF WHOLE la And your orator states the fact to be that he has not the money with which to redeem his said property, and that by reason thereof he is unable to pay said entire simi of dollars together with interest from the time of sale, and to require him so to do would result in the loss to your orator of all rights in and to said premises so owned by him as aforesaid, and thereby a great injustice would be entailed upon him. And your orator states that the said J. V., in bidding an amount representing twenty-five times the value of your orator's premises was actuated by a malicious and evil motive and that said bid was a fraud upon your orator and made for the purpose of pre- venting and debarring your orator of the exercise of the privilege and i» Based on concluding portion of bill in Senft v. Vanek, 209 111. 361. BILLS RELATING TO MORTGAGES 23 right secured to him by the laws of this state in redeeming from said sale by said Master as aforesaid, and also for the purpose of unjustly and unlawfully securing to him the said J. K., the title to the premises of your orator: And your orator further represents that the decree of sale entered by this court on the day of , 19.., in said fore- closure proceeding of H. E. G. et al. was a lien upon both said lot two, and your orator's fractional portion of said lot one, and that in and by said decree the indebtedness against said lots was not appor- tioned according to the relative share for which each of said lots was in equity properly chargeable, and was not apportional by anything your orator could do or might have done: Forasmuch, therefore, as your orator is without remedy in the premises except in a court of equity, and to the end that: 1. (Prayer for answer.) 2. That an account may be taken in this behalf under the direction of this court, that the equities in regard to this matter may be ascer- tained and settled by this court as between the plaintiff and the said J. K.; 3. That the purchase by said J. K. at said sale on 19. ., as the equities of the parties hereto may require, may be declared and decreed to have been a purchase or payment by said J. K. of the lien upon said real estate of said J. K. and of your orator of the said decree of , 19 . . , or that if the principles of equity and justice should so require that in so far as said J. K. at said sale of 19 . . , paid more than the proportion justly and equitably as between your orator and said J. K. resting upon said J. K.'s own land, that such excess, and only such excess may be decreed to be chargeable and a lien upon your orator's fractional portion of said lot one as aforesaid, and that said J. K. may be held subrogated to the lien of said decree of , 19. ., to that extent only so far as your orator's fractional portion of said lots is concerned and that your orator may be per- mitted to pay such portion with lawful interest thereon to said J. K. or to such person as may be entitled thereto, and that upon such pay- ment being made said sale of , 19.., may be set aside and vacated and said decree of 19. ., may be satisfied and the lien thereof discharged so far as your orator's fractional portion of said lot one is concerned; 4. That upon making said payment said J. K. as the holder of said Master's certificate issued as aforesaid, be ordered and required to surrender, assign and deliver said certificate to your orator, or in lieu thereof be required to execute to your orator a good and valid quit claim deed of all his right, title and interest in and to said frac- tional part of lot one so owned by your orator, and that in event of his failure so to do, W. E. H., the Master in Chancery of this court who made such sale, be ordered and directed by this honorable court to issue to your orator a certificate of redemption as to that part of said lot one so owned by your orator as aforesaid. {Add prayers for general relief and for process.) 24 EQUITY FORMS MAINE Form No. 51 (a) AFTER DEMAND AND REFUSAL TO ACCOUNT 2 (Title and Commencement.) 1. The plaintiff was on the day of , 19 . . , seized in fee simple of a certain parcel of real estate in the county of and state of Maine, bounded and described as follows : (Insert description of property.) 2. On the said day of 19.., being thus seized of such real estate, the plaintiff by his mortgage deed of that date, a copy of which, marked "Exhibit A," is hereto annexed and made a part of this bill, granted and conveyed the said parcel of real estate to the defendant on condition that if the plaintiff, his heirs, executors, ad- ministrators or assigns, should pay to the defendant, or his legal repre- sentatives the sum of dollars in years from the date of said deed with interest thereon at the rate of per cent per annum payable semi-annually, then said deed should be void. 3. The plaintiff failed to perform the condition of said mortgage as to the payment of the principal sum of dollars, but the interest on said sum was paid by him at the rate of per cent per annum up to the day of , 19. .. 4. On the day of 19. ., the defendant after breach of the condition of said mortgage by the plaintiff as aforesaid, entered upon and took possession of the above described premises conveyed to him by said mortgage, and has ever since continued in possession and received the rents and profits thereof. 5. On the day of 19. ., the plaintiff demanded of the defendant a true account of the sum due on the mortgage, and of the rents and profits received and money expended on repairs and improvements, if any; but the defendant unreasonably refused and neglected to render such account. 6. The plaintiff offers to pay to the defendant such sum as may be found to be equitably due the defendant under the terms of said mort- gage and to perform any other conditions which the court may require. Wherefore the plaintiff prays: 1. That an account may be taken of the sum equitably due the defendant for principal and interest upon said mortgage, and of the rents and profits received by the defendant from said premises and tlie sums expended by him in repairs and improvements, if any. 2. That the plaintiff may be allowed to redeem said mortgaged premises by paying to the defendant such sum as may be found due the defendant by said account. 3. That the defendant may be ordered upon the payment of said sum to surrender possession of said premises and execute a discharge of said mortgage to the plaintiff. 4. (Add prayers for general relief and for process.) 2 The above form, although obtained from the practice of Maine, is available for use in general chancery practice. See Smith v. Larrabee, 58 Me. 361, for precedent for substantial allegations in bill of this kind. BILLS RELATING TO MORTGAGES 25 Form No. 52 (b) AFTER TENDER AND REFUSAL TO ACCEPT 3 (Title and Commencement.) 1. The plaintiff being seized in fee simple of a certain parcel of land situated in in the county of and state of Maine, bounded and described as follows: (Here insert description) by his mortgage deed dated , 19 . . , and recorded in county registry of deeds, book page , granted and conveyed said premises to the defendant to secure his promissory note of even date with said mortgage for the sum of dollars given by the plaintiff to the defendant, subject to redemption by the plaintiff or his legal representatives upon payment by them of the amount of said note in years from the date of said deed with interest thereon at per cent payable semi-annually. 2. The plaintiff has paid the interest on said mortgage at the rate of per cent per annum, as aforesaid, up to , 19 . . , but failed to pay the principal of said note in years frbm date according to the conditions of said mortgage. 3. After such breach of condition, on the part of the plaintiff, but while the plaintiff was still in possession of said premises, the defend- ant, on the day of , 19 . . , commenced foreclosure pro- ceedings under said mortgage by giving public notice, three weeks successively, as required by statute, in a newspaper published in the county where the premises are situated and causing a printed copy of such notice to be recorded in the same registry with said deed within thirty days after such last publication. 4. On the day of , 19. ., within one year from the date of said first publication of notice of foreclosure, the plaintiff tendered to the defendant the sum of dollars and cents, being the full and exact amount of principal and interest then due on said mortgage, in legal tender money of the United States of America, but the defendant refused to accept the same. 5. The plaintiff is still ready and willing to pay to the defendant the sum which may be found to be equitably due him on said mortgage and hereby offers to pay said sum and to perform any other conditions which the Court may require. Wherefore the plaintiff prays: 1. That an account may be taken of the sum equitably due the defendant as principal and interest on said mortgage. 2. That the plaintiff may be allowed to redeem said mortgaged premises by paying to the defendant such sum as may be found due the defendant by said account. 3 Form containing essential allegations of bill to redeem under R. S. (1903) Ch. 92, §§15 et seq., (Com. Rep. 1915, Ch. 93, §§15 et seq.) after publication of notice and with tender and refusal of amount due. Where bill is founded under this chapter on tender of payment, it must be brought within one year after such tender. R. S. (1903) Ch. 92, § 20. (Com. Rep. 1915, Ch. 93, § 20.) See also Brown v. Lawton, 87 Me. 83, for substantial allegations of bill of this kind to redeem after tender and refusal; and Mitchell v. Burnham, 44 Me. 286, for precedent as to substantial allegations in bill to redeem after tender and payments. The above form is peculiar to the chancery practice of Maine. 26 EQUITY FORMS 3. That the defendant may be ordered upon the payment of said sum to release all his right and title in the premises to the plaintifE. 4. {Add prayers for general relief and for process.) Form No. 53 (c) BILL TO £EDEKM BY ADMINISTBATOB « (Title and Commencement.) 1. The plaintiff's intestate, M. N., being seized in fee simple of a certain piece of land with the buildings thereon, situated in in the cgunty of and state of Maine, and bounded and described as follows (here insert description) , by a deed of mortgage dated , 19 . ., and recorded with deeds, book page , conveyed said land premises to P. Q. of being the same premises conveyed to the said M. N. by the said P. Q. by deed of even date with said mortgage deed, and recorded therewith; sub- ject to redemption, upon the payment by the said M. N., her heirs, executors, administrators, or assigns, to the said P. Q., her executors, administrators, or assigns, the sum of dollars, in years from the date of said deed, with interest thereon at the rate of per cent per annum. 2. In M. N. died intestate, leaving as her only heirs at law and next of kin O. P., and on , 19.., the plaintiff was duly appointed administrator de bonis non of the estate of the said M. N. and has been legally qualified as such. 3. On , 19.., P. Q. died intestate, devising all her real estate to R. S., who was duly appointed and qualified as executor of her will. 4. The said R. S., as said executor, assigned said mortgage deed to the defendant, by deed dated , 19. ., and duly recorded. 5. On the' day of , 19 . . , default was made in the payment of principal and interest due on said mortgage. 6. Said P. Q. for a long time prior to her decease, and said R. S. during all the time since her decease, occupied the premises, and neither of them ever accounted to the estate of M. N. for the rents and profits thereof. 7. On or about , 19. ., the plaintiff requested the defendant to render individually and as executor of P. Q. an account of the amoimt due on the mortgage, and of the rents and profits, but the defendant refused to do either. 8. The value of said premises is greatly in excess of the amount due on said mortgage. 9. The plaintiff offers to pay to the defendant what may be found due on the mortgage. 10. At or about the time of making the request for an account, the * The above form is based on Dary v. Kane, 158 Mass. 376, except that the form of the first paragraph has been cast in the form more usual in Maine. Under the Massachusetts statute, the bill merely stated that the intestate of the plaintiff "conveyed to the defendant in fee simple," etc. The bill was sustained on demurrer. The above form, although obtained from the practice of Maine and Massachusetts, is available for use in general chancery practice. BILLS RELATING TO MORTGAGES 27 plaintiff told the defendant that he wished to pay the amount due on the mortgage if R. S. would render him an account thereof, and that it was agreed that action on either side should be deferred till of that year; but that R. S., before and without notice to the plaintiff, caused a notice to be published in some newspaper, unknown to the plaintiff, that the premises would be sold for the purpose of foreclosing the mortgage on 19 . . , at o'clock M., and that the plaintiff had no actual notice of the intended sale till "Wherefore the plaintiff prays: 1. That an account may be taken of what is due to the defendant for principal and interest on the said mortgage. 2. That an account may be taken of the rents and profits of the said premises which have been received by the defendant and that the amount which shall appear to be due to the plaintiffs for rents and profits, shall be deducted from the amount due to the defendant for principal and interest. 3. That it may be decreed that upon the plaintiff's paying to the defendant the sum (if any) which shall so be found due upon the mortgage, the plaintiff shall have possession of the premises com- prised in the said mortgage to hold the same discharged of the said mortgage. 4. That an injunction may be issued forbidding a sale or con- veyance of said premises by the defendant. 5. (A(i(i prayers for general relief and for process, including writ of injunction.) (Verification.) MARYLAND s Form No. 54 BILL TO REDEEM LEASEHOLD (Title and Commencement.) 1. On the day of , 19 . ., your orator purchased from one R. F. G. a leasehold interest in a lot of ground In said for the term of years, renewable forever, bounded and described as follows: (here insert description); as will appear by the deed of assignment thereof, recorded among the land records of , in Liber , No , Folio etc., a cer- tified copy of which is filed herewith as part hereof, marked "Ex- hibit A." 2. At the time of said purchase, the said leasehold interest was encumbered with a mortgage debt of dollars, which had been created in favor of one C. M. by one H. G. W., the original lessee of said lot, who had assigned his said term therein to said R. F. G., and which said debt by the terms of the assignment by R. F. G. to your orator, your orator assumed and undertook to pay. 3. Subsequent to the creation of said mortgage, the said C. M. as- signed the same and his whole interest therein, to W. R. and H. G. of said , by deed dated the day of , 19. ., and 5 The above form, although obtained from the practice of Maryland, is available for use in general chancery practice. 28 EQUITY FOKMS recorded as aforesaid in Liber , No Folio , etc., as will appear by reference to a duly certified copy of said assign- ment of mortgage, herein filed as part hereof, marked "Exhibit B." 4. Said W. R. and H. G. have, for a long time past, been in the possession of said lot of ground and the house thereon, recelTing as mortgagees all the rents and profits thereof; and said rents and profits have fully sufficed, and ought to have sufficed, for the entire discharge of the mortgage debt aforesaid, and all interest theron, and your orator is now entitled to full possession thereof. 5. Said W. R. and H. Gr. still retain possession, of said property and refuse to account to your orator for the rents and profits there- from, and to permit him to redeem the said mortgage, upon ascertain-, ment of what is really due thereon, though your orator is ready and willing, and here proffers himself ready and willing to pay any balance fairly due upon the mortgage debt aforesaid. To the end, therefore, (1.) That the defendants hereinafter named may account with your orator, and that they may set forth and discover what amounts of rents and profits they have received or ought to have received from the property aforesaid, and what sum, if any, is now due upon the mortgage aforesaid. (2.) That upon payment by your orator of such sum as may be ascertained to be fairly due to them, or any of them, the said mort- gage may be decreed to be redeemed, and possession of said lot and premises may be decreed to your orator. (Add prayers for general relief and for process.) MASSACHUSETTS « Form No. 55 (a) AFTER PAYIMENT, DEMAND AND REFUSAL (Title and Commencement.) 1. W. N. H., of in the county of , on the day of A. D. 19. ., being then seized in fee of a certain tract of land with the buildings thereon situate in said and bounded and described as follows, viz.. (here follows description), conveyed the same by his deed of mortgage recorded in the registry of deeds for said county of , book , page , to C. M. S., of said , to secure the payment of his promissory note of even date therewith payable to the order of said C. M. S. for the sum of dollars on demand with interest at the rate of seven per cent per annum. 2. Afterwards on the day of , A. D. 19. ., said W. N. H. again mortgaged said real estate to M. W. and W. H. to secure the payment of his promissory note payable to the order of said W. and H. for the sum of dollars payable on demand with interest at the rate of per cent annually by his mortgage deed recorded in said registry book , page 3. Default having been made in the performance of the conditions of said last mentioned mortgage deed, the mortgagees therein named 6 The above forms, although obtained from the practice of Massa- chusetts, are available for use in general chancery practice. BILLS RELATING TO MORTGAGES 29 by virtue of the pgwer of sale in said mortgage contained on the day of A. D. 19. ., sold said premises conveyed in said last mentioned mortgage at public auction to your orator and conveyed the same to your orator by deed recorded in said registry book page . . j ; and your orator has ever since been and now is the owner of said premises subject only to the mortgage afore- said held by said S. 4. Upon the day of A. D. 19.., said S. entered upon said premises for breach of the condition in the mortgage to him as appears by certificate recorded in said registry book , page , and has ever since and is now in possession thereof and said S. has from said day of , A. D. 19 . ., until this day received the rents and profits thereof. 5. On the day of , A. D. 19. ., your orator demanded of said S. a statement of the amount due upon his said mortgage and also an account of the rents and profits received by him upon said estate together with an account of all sums paid for lawful taxes and assessments and all sums expended in reasonable repairs and improve- ment and management of said premises and said S. has neglected to render to your orator any account as demanded of any of the items hereinbefore mentioned. And on said day of , A. D. 19.., your orator offered to pay and tendered to said S. such sum of money as was then justly due upon and necessary to be paid for the proper redemption of said mortgage held by him and said S. neglected .and refused to receive the same. 6. And your orator is now desirous to redeem said estate from said mortgage held by said S. Wherefore your orator prays: 1. That said S. may be ordered to render an account of the amount which may be due him upon his said mortgage together with an account of the rents and profits received and enjoyed by him and of the sums expended by him in the reasonable repairs and improvement of said premises and the care and management of the same and all sums paid by him for lawful taxes and assessment upon said premises. 2. That said S. may be directed to surrender possession of said premises to your orator upon being paid or tendered such sum as shall be found by this Honorable Court to be justly due thereon within such reasonable time as to your Honors shall seem meet and proper. {Prayers for general relief and for process may be added.) Form No. 56 (h) AFTER TENDER AND REFUSAL TO ACCEPT (Title and Commencement.) 1. The plaintiffs are the owners of a certain parcel of land situated in and bounded and described as follows: (Here insert description.) 2. Said premises are subject to a mortgage in common form with power of sale given by J. B., then owner of said premises to A. D. W., to secure the payment of his note of dollars, and said mortgage and the note or debt secured thereby has been assigned to the defend- ant who is now the owner and holder of the same. 30 EQUITY FORMS 3. Since the giving of said mortgage various sums have been paid on account of the principal and interest of the debt secured by said mortgage — the exact amount of said payments the plaintiffs are unable to state, but they say and aver that a large part of said debt has been paid; but the defendant denies the same and claims there is due him a much larger sum on account of said mortgage debt and the amount due on said mortgage debt is in dispute between the parties. 4. The defendant threatens and intends to foreclose said mortgage by a sale under the power of sale contained therein. Wherefore the plaintiffs pray: 1. That an account may be taken of whatever sums are due and owing on account of said mortgage debt and that they may be allowed to redeem the said mortgage, they being ready and willing and hereby offering to pay whatever sums may be found to be due and owing on account of said mortgage debt. And that, pending these proceedings the defendant may be enjoined against foreclosing by sale or otherwise or in any way enforcing said mortgage. (Prayers for general relief and for process may be added.) MICHIGAN T Form No. 57 AFTER TENDER AND REFUSAL TO ACCEPT (Title and Commencement.) 1. Heretofore on or about the day of A. D. 19. ., your orator was indebted to one J. B. in the sum of dollars and being so indebted did with C. A., his wife, make, execute, and deliver to the said J. B. a certain indenture of mortgage bearing date the same day and year aforesaid and therein and thereby did grant, bargain, convey and mortgage to the said J. B. all that certain piece and parcel of land, situated (describe land), which said indenture of mortgage was upon the express condition that if your orator and C. A., his wife, the parties of the first part thereto, should pay to J. B., the party of the second part thereto, his executors, administrators or as- signs the said sum of dollars years from the date thereof with interest at per cent per annum, payable (state the terms of payment) according to the provisions of a certain promis- sory note therein mentioned, then the said indenture of mortgage and the said promissory note should cease and be null and void. 2. Afterwards on or about the day of A. D. 19 . . , the said indenture of mortgage was duly recorded in the office of the register of deeds for the said county of in liber of mortgages on page , to which record now remaining in the said register's office your orator prays leave to refer. 3. Your orator continued to retain possession of the said mort- gaged land and premises from thence forward hitherto and still has and retains possession thereof and has received and still receives the rent, issues and profits thereof, and the said J. B. still retains and holds the said indenture of mortgage and the note therein mentioned, and the said mortgage is now overdue and Is undischarged. 7 The above form, although obtained from the practice of Michigan, Is available for use in general chancery practice. BILLS RELATING TO MORTGAGES 31 4. During all the time since the making and delivering of the said indenture of mortgage your orator has paid the interest thereon as the same fell due from time to time and has also from time to time paid to the said J. B. divers sums of money on the principal thereby secured, amounting In all to the sum of dollars, and has also during that time from time to time, at the request of the said J. B. done and performed a large amount of work and labor for the said J. B. of the value of dollars and has also during that time furnished, sold and delivered to the said J. B. at his request divers goods, wares and merchandise of the value of dollars, secured by the said indenture of mortgages and that when such several sums shall be applied it will be found that there is now not to exceed the sum of dollars due or owing on said indenture of mortgage and note. 5. Your orator is ready and willing and hereby offers to pay to the said J. B. the last mentioned sum of money and has hereto before on the day of , A. D. 19. ., tendered and offered to pay the same to the said J. B. in payment and satisfaction of the said mortgage and at that time requested the said J. B. to discharge the said indenture of mortgage and then tendered and presented to the said J. B. in presence of a notary public of said county of a written discharge and release of the said indenture of mortgage and the said note to your orator, but so to do, the said J. B. has hitherto refused and does still refuse and claims that there is more than the said sum of dollars, due and owing to him thereon, whereas your orator avers the contrary to be true. I. Your orator, therefore, requests the aid of this Honorable Court that: (Prayer for answer.) II. That he may come to a just and equitable accounting with your orator as to the amount of money due and owing to him upon the said indenture of mortgage and note, your orator being ready and willing and hereby offering to pay to the said J. B. whatever sum shall be found to be due and owing to him on the said indenture of mortgage and note. III. That upon such payment the said indenture of mortgage may be decreed to be fully paid and satisfied and that the said defendant be decreed to make, execute, acknowledge and deliver to your orator a good and suflScient release and discharge thereof and that he sur- render the same with said note to your orator. IV. That your orator have leave to cause such decree to be recorded in the office of the said register of deeds. (Add prayer for general relief.) NEW HAMPSHIRE « Form No. 58 (a) AFTER DEMAND AND REFUSAL (Title and Commencement.) On the day of 19. ., the plaintiff, A. B., executed ii mortgage of certain real estate in the town of in said 8 The above forms, although obtained from the practice of New Hampshire, are available for use in general chancery practice. 32 EQUITY FORMS county bounded, (here insert description of real estate) to the said C. D. to secure the payment one year after date of a note of that date for the sum of dollars; and the said A,. B. afterwards on , 19.., at said delivered to (or, left at the usual place of abode of) the said C. D., a request in writing, that said C. D. would make out and deliver to him a just and true account of all his demands secured by said mortgage, and all damages and costs incurred by the non-performance of the condition thereof, and of all rents and profits by him received from said mortgaged premises; but the said C. D. has unreasonably neglected and refused to make out and deliver such account. The said A. B. is ready and now offers to pay such gum, if any, as may be justly due upon or by reason of said mortgage. Wherefore he prays said court to determine the amount justly due, if any, after deducting rents and profits received, and upon the same being brought into court, and lodged with the clerk, to decree that said mortgage be discharged; and for such other relief as may be just. Form No. 59 (b) AFTER TENDER AND REFUSAL TO ACCEPT (Title and Commencement.) On the day of , 19 . . , the plaintiff, A. B., executed a mortgage of certain real estate in the town of , in said ' county, bounded (here insert description of real estate), to the said C. D. to secure the payment one year after date of a note of that date for the sum of dollars, and afterwards on , 19 . . , at said he tendered to the said C. D. the sum of dollars, being the full amount due upon said mortgage, and requested him to execute a release of his interest in said premises under said mortgage, but the said C. D. then and there neglected and refused, and still neglects and refuses to execute such release. Wherefore the said A. B. brings said money into court, and prays for a decree of discharge of said mortgage; and for such other relief as may be just. NEW JERSEY 9 Form No. 60 AFTER TENDER AND REFUSAL TO ACCEPT (Title and Commencement.) 1. Your orator, A. B., to secure the sum of dollars to him loaned by one C. D., of on the day of 19 . . , did deliver to the said C. D. a bond, made by him to the said C. D. bearing date the day of , 19 . ., in the penal sum of dollars, with condition thereto that if your orator, his heirs, executors or administrators should well and truly pay or cause to be paid unto said C. D., his executors, administrators or assigns the just and full sum of dollars on the day of 19 . . , with interest from date, then the said bond or obligation shall be void, 9 The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. BILLS RELATING TO MORTGAGES, 33 otherwise to be and remain in full force and virtue, as by reference to the said bond now in the possession of the said C. D., and to which, when produced by the said C. D., your orator prays leave to refer, will more fully and at large appear. 2. In order to secure the payment of the said bond, your orator on the said day of 19 . . , did deliver to the said C. D. a certain indenture of mortgage duly signed, sealed and acknowl- edged, made by your orator and E. B., his wife, to the said C. D. bear- ing date the day of , 19.., in and by which your orator and his wife did grant, bargain, sell and convey unto the said C. D., his heirs and assigns forever all that certain tract of land and premises situate lying and being (describe premises^); with a proviso or condition therein contained that if your orator, his heirs, executors or administrators should pay or cause to be paid unto the said C. D., his executors, administrators or assigns, the just and full sum of dollars, with interest thereon on the day of 19 . . , according to the condition of said bond or obligation, then the said indenture of mortgage and everything therein contained should cease and be void, anything therein contained to the contrary not- withstanding, as by reference to the said indenture of mortgage, now in the possession of the said C. D., and to which, when produced, your orator prays leave to refer, will more fully and at large appear. 3. On the day of 19 . . , your orator took the money to pay the ^aid bond to the residence of the said C. D. {State particularly the circwmstances of tender and refusal). 4. The said tender was an unconditional offer of said money in payment of said bond and mortgage, without requiring any receipt or even the giving up of the said bond and mortgage or either of them; and ever since the day of 19 . ., your orator has been and now is able, ready, willing and desirous to pay the amount of the principal and interest due on said bond and mortgage, but the said C. D., or any one for him, has at no time since the day of , 19. ., made demand upon or requested your orator to pay the said bond and mortgage. 5. Your orator submits that he is entitled to redeem the said mort- gage, and in redemption should not be required to pay or allow any- thing more than the principal sum named in the condition of said bond, and should not be required to pay any interest thereon or, if any, at the most only interest to the day of , 19. ., and after that date no interest should be computed or charged on said bond and mortgage. 6. Your orator has frequently and in a friendly manner applied to the said C. D. to receive the money secured by, and due and owing on the said bond and mortgage; and your orator well hoped that the said C. D. would have complied with his reasonable request, as in equity and good conscience he ought to have done; but the said C. D. refused and still does refuse to receive payment of the said bond and mortgage. In Consideration Whereof and forasmuch as your orator has not a complete and safe remedy in the premises of and by the strict rules of the common law, to the end, therefore, 1. (Prayer for answer.) 2. That your orator may be decreed to be entitled to redeem the 34 EQUITY FORMS said mortgage, (your orator hereby tenders himself ready and willing to pay at any time when permitted so to do whatever sum of money this Honorable Court shall adjudge to be the sum which he should pay to satisfy and discharge the said mortgage), and that it may be decreed that the said defendant is not entitled to charge or receive any inter- est on the sum of dollars named in the consideration of said bond and in the proviso of said mortgage. 3. That the defendant may be decreed, upon payment or tender to him, by your orator, of the amount decreed to be equitably due to the said defendant on said bond and mortgage, to deliver to your orator the said bond and mortgage. {AM prayers for general relief and for process.) PENNSYLVANIA Form No. 61 (a) PETITION FOE SATISFACTION OF A MORTGAGE UNDER ACT OF MARCH 31, 1823 lo (Title and Commencement.) The petition of A. B. of respectfully represents: — 1. On the day of , A. D. 19 . . , a certain mortgage was executed and delivered by him to C. D. on a certain messuage and tract of land situate (description) to secure the payment of a certain bond or obligation dated the day and year aforesaid, in the penal sum of $ conditioned for the payment, in years from the date aforesaid, of $ , with interest thereon payable half yearly at the rate of per centum, which said mortgage is recorded in the office for the recording of deeds in and for the county of in Mortgage Book 2. Your petitioner has paid all the money due on said mortgage, both principal and interest to the said C. D. 3. The said C. D. is still the legal holder thereof and has neglected to satisfy the same. Your petition therefore prays: That notice of these facts may be given to the said C. D., requiring him to appear at a time to be fixed, and answer this petition and upon due proof being made of the payment of said mortgage as aforesaid, that the Court will order satisfaction to be entered by the recorder of deeds for the county of under and in pursuance of the acts of assembly in such case made and provided. And your petitioner will ever pray, etc. A. B. Form No. 62 (b) PETITION UNDER ACT OF APRIL 3, 1851 " (Title and Commencement.) The petition of A. B. respectfully represents: 1. On the day of , A. D. 19. ., a certain indenture of mortgage was executed and delivered by him to C. D. on a certain 10 The above form is peculiar to the chancery practice of Pennsyl- vania. " The above form is peculiar to the chancery practice of Pennsyl- vania. BILLS KELATING TO MORTGAGES 35 messuage and tract of land situate (description) to secure the payment of a certain bond or obligation In writing dated the day and year aforesaid in the penal sum of $ , conditioned upon the pay- ment, in years from the date aforesaid of $ , with interest thereon payable half yearly at the rate of per cent, which said mortgage is recorded in the office for the recording of deeds in and for the county of in mortgage book , 2. Your petitioner claims that the said mortgage should be satis- fled by the said C. D., it no longer being a valid claim against your petitioner for the reason that the same was given for the purpose of indemnifying the said C. D., who became surety for your petitioner upon his land as administrator of the estate of X. Y., late of said county, deceased, and as such administrator, your petitioner's ac- counts have been confirmed by the Orphans' Court of county, and he has been discharged; notwithstanding which facts the said C. D. claims the entire amount of said mortgage as. being due to him. Your petitioner therefore prays: 1. That he be allowed to pay the sum of $ with interest into court and that thereupon your Honorable Court will order and decree a satisfaction of said mortgage. 2. That your Honorable Court will proceed to hear and determine the objections to the payment of any part of said money, as to right and justice may belong and decree accordingly. And he will ever pray, etc. A. B. Form No. 63 (c) PETITION UNDER ACT OF JUNE 11, 1879 12 {Title and Commencement.) The petition of A. B. respectfully represents: 1. On the day of , A. D. 19.., your petitioner executed and delivered to C. D. a certain indenture of mortgage for the sum of dollars, payable in years from the date thereof, secured upon all that certain (.description). 2. Said mortgage was duly recorded in the office for recording of deeds in and for the county aforesaid in Mortgage Book .......... 3. At the maturity of said mortgage, to wit, the day of , A. D. 19. ., your petitioner paid to the said C. D., mortgagee, the sum of dollars, principal and interest of the same in full, and the said C. D. accepted said amount as full payment thereof, but has, for the last six months and upwards, neglected to enter satisfac- tion of the said mortgage of record, though repeatedly requested by your petitioner so to do. ' Wherefore your petitioner prays: That your Honorable Court direct the sheriff to serve a notice upon the said C. D. toi be and appear, at the next term of court and show cause, if any he has, why satisfaction could not be entered upon the record of said mortgage by the recorder of deeds in pursuance of 12 The above form is peculiar to the chancery practice of Pennsyl- vania. 36 EQUITY FORMS and in accordance with the acts of assembly in such case made and^ provided. And your petitioner will ever pray, etc. A. B. Form No. 64 (d) BILL FOR REDEMPTION FROM MORTGAGE AFTER TENDER AND REFUSAL is {Title and Commencement.) 1. The said X. Y. died on the day of , A. D. 19. ., intestate, and letters of administration upon his estate were duly granted by the register of wills of said county to E. F. 2. One of the said plaintiffs, viz., A. B., is the owner of certain lands and tenements on avenue, said city of , which lands are fully described in a deed to her from R. S. and wife, bearing date the day of A. D. 19. ., and recorded in the recorder's office of said county in deed book No 3. On the day of . . . ., A. D. 19. ., the plaintiffs exe- cuted a bond, conditioned for the payment of dollars, in year, from said date, with interest at the rate of six per centum, payable semi-annually; also a mortgage similarly conditioned, to secure the payment of said bond, which mortgage bears the same date and is recorded in the recorder's office of said county in mort- gage book No Said mortgage covers the land and tene- ments in the above mentioned deed. 4. The plaintiffs have made the following payments upon said bond and mortgage viz.: (State the payments). 5. On the day of A. D. 19.., the plaintiffs by their attorney, J. T., made a legal tender of dollars to B. F., administrator, as aforesaid, the balance due upon said mortgage, and at the same time requested that he satisfy said mortgage of record. This tender, the said E. F., administrator, would not accept, and he thereupon refused to satisfy the said mortgage of record, and the same still remains unsatisfied, and is a cloud upon the title of the said A. B. as aforesaid. Wherefore your orators need equitable relief and pray: 1. That the Court will quiet the title of the plaintiffs in the premises described in said mortgage in such manner as to the Court shall seem proper: whether by a decree for the cancellation and delivery up of the mortgage so held as aforesaid by the defendant and by declaring the same null and void and of no effect, or by ordering an assignment by the defendant to them, or by the entry of satisfaction thereof upon the margin of the record of said mortgage in the said Recorder's office and the delivery up of said bond and mortgage to the plaintiffs. 2. That the said defendant be restrained by injunction, prelimin- ary until the final decree in this cause, and perpetual thereafter, from asserting or setting up his said title, whether as mortgagee or other- wise in and to the said premises and the said mortgage, and from making any conveyances, transfers, or assignments thereof; from 13 The above form, although obtained from the practice of Pennsyl- vania, is available for use in general chancery practice. piLLS RELATING TO MORTGAGES 37 molesting or interfering witli the possession of tlie plaintiffs; from issuing any legal process upon said mortgage, or moving in court in anywise to collect, by virtue of said bond, any of the moneys therein specified to be paid, and from doing any act or acts in anywise inter- fering with or prejudicial to their interest in the premises. (Add prayer for general relief.) (Yerification.) RHODE ISLAND " Form No. 65 AFTER TENDER AND REFUSAL TO ACCEPT {Title and Commencement.) 1. On the day of , A. D. 19.., this complainant was seized and possessed of the following parcels or lots of land, lo- cated in the town of and described as follows: (Here follows a description of the land hy metes and 'bounds.) And thereafter on said day of A. D., 19 . . , your complainant executed a certain mortgage deed to the defendant H. A. T., securing to said defendant the payment of a certain negotiable promissory note, for the sum of % , payable to said defendant or his order, years after said date, with interest at the rate of 6% per annum, payable in advance. A copy of said mortgage con- taining a description of said note is hereunto annexed, marked "Exhibit A" and made a part hereof. 2. This complainant. has paid the interest on said mortgage up to the present time, but desires to pay the same in full, and that the same may be cancelled and discharged, and has offered and tendered to said defendant, the amount due on said mortgage note, together with interest, and requested him to surrender said note, and cancel said mortgage, which he has refused to do, greatly to the injury of your orator. Whereupon your orator prays: 1. That upon payment of such sum as may be found to be due on said mortgage, and all interest due thereon, which amount said com- plainant hereby offers to bring into court and pay said defendant that said defendant may be ordered to deliver up, and cancel said mort- gage and note. ' 2. That until further order of this Honorable Court, said defendant may be enjoined from selling or transferring said mortgage note, or foreclosing or assigning said mortgage. {Add prayers for general relief and for process.) (2) BILLS TO FORECLOSE MORTGAGES DELAWARE is Form No. 66 (a) FORECLOSURE OF ORDINARY MORTGAGE {Title and Commencement.) 1. By deed dated the day of A. D., 19. ., and of record in the office for the recording of deeds, etc., in and for 14 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 15 The above form, although obtained from the practice of Dela- ware, is available for use in general chancery practice. 38 EQUITY rORMS county, in deed record , volume , page et seg., J. R. B. et al. conveyed to B. F. J., a trustee, a certain lot of land. In the city of {Description of land.) In Trust Nevertheless, (terms of the trust). And the said complainant prays that the record of said deed, or a duly certified copy thereof, when produced in this cause, may be taken as a part of this bill of complaint. 2. Being seized as aforesaid of said land and premises, the said B. F. J., trustee, for the purpose of securing the payment to a certain E. A. L., her executors,, administrators and assigns, of a certain bond of said B. F. J., trustee, to which bond the said I. W. S. and A. W. S. (beneficiaries) had become parties, the said bond being dated , 19.., duly executed under the hands and seals of said B. F. J., trustee, I. W. S. and A. W. S., conditioned for the payment of the sum of dollars, on or before the expiration of one year from its date, with lawful interest thereon, payable semi-annually, did by indenture of mortgage, dated the said , 19.., grant and convey the aforementioned and described lot or piece of land with the buildings thereon unto and to the use of said E. A. L., her heirs and assigns, subject to a proviso of redemption thereof, in case the said B. F. J., trustee, I. W. S. and A. W. S. should, on or before the expira- tion of one year from the date thereof, pay to the said E. A. L., her executors, administrators or assigns, the said sum of dollars, with lawful interest thereon, as by the said mortgage recorded on the day of 19 . . , in the office of the recorder of deeds, (etc.), in and for county, in mortgage record , volume , page , et' seg., will fully appear, and the said complainant prays that the record of said mortgage, or a duly cer- tified copy thereof, when produced in this cause, may be taken as a part of this bill of complaint. 3. The said B. F. J., trustee, I. W. S. and A. W. S., in a manner similar to that set out in the preceding paragraph, did by indenture of mortgage dated the day of , 19. ., grant and con- vey the aforementioned and described lot or piece of land with the buildings thereon, unto and to the use of the said W. R. B., his heirs and assigns (describe this second mortgage) . The said last named mort- gage though purporting to be a purchase money mortgage, did not have the priority or quality of a purchase money mortgage, because as appears from its record, it was not recorded within the period of thirty days from its date, as provided by the statute in that behalf; and the said complainant prays that the record of said mortgage, or a, duly certified copy thereof, when produced in this cause may be taken as a part of this bill of complaint. 4. On the day of , 19. ., in the Superior Court of the state of Delaware, in and for county, in a suit against the said B. F. J., trustee, I. W. S. and A. W. S., his wife, mortgagors and terre tennants, the said W. R. B. did obtain a certain sci. fa. judgment upon the said last mentioned mortgage, the said judgment being No. to the term, A. D. 19 . . ; and upon a writ of levari facias, being No to the term, A. D. 19 . . , the herein- before mentioned lot of land and premises was exposed to public sale BILLS RELATING TO MORTGAGES 39 and sold to W. M. B. for the sum of dollars (? ), and J. E. T., the then sheriff of county, by deed dated 19. ., reciting the said judgment and the said sale under the said writ, conveyed the hereinbefore mentioned lot of land and premises to W. M. B., one of the defendants herein, as by the record of said deed in the ofiBce of the recorder of deeds (etc.), in and for county, in deed record , volume , page will more fully appear, which said deed, or a duly certified copy, when produced at the hear- ing of this cause, the said complainant prays may be taken as a part of this bill of complaint. 5. The said B. F. J., trustee as aforesaid, died on or about the day of 19... and no trustee has been named or appointed to succeed the said B. P. J. in the said trust; the said B. F. J., trustee, left no issue surviving him, but left surviving him one brother and one sister; that the said brother, E. W. J., is now de- ceased, leaving as his eldest male heir, P. S. J., one of the defendants herein, who is the eldest male heir of said B. F. J., deceased, to lyhom, as such, descended what, if any, title to the said lot of land and prem- ises was in the said B. F. J., trustee as aforesaid, at the time of his decease. 6. On a writ of foreign attachment, issuing out of the Superior Court of the state of Delaware, in and for county, the said writ being No to the term, 19. ., at the suit of H. F. D., for the use of C. M., one of the defendants herein, the said land and prem- ises, together with other lands and premises of W. M. B., was attached and afterwards, to-wit, on the day of 19.., judg- ment was obtained on the said writ for want of an appearance, the said judgment being No to the term, 19. ., and of record in the office of said Superior Court in judgment record , volume ......... page The said land and premises still remain subject to the lien of said attachment, and an order was made for the sale of the property so attached, which order has not been executed. 7. Except as herein stated, there are no incumbrances of record on the said lot of land and premises as of a time subsequent to the record- ing of the said above mentioned mortgage to the said E. A. L. 8. The said first above mentioned bond and mortgage to the said E. A. L. was, on the day of , 19. ., duly and properly assigned by her to J. C. of the city of , as appears from the record of said assignment, in the office of the recorder of deeds, in and for county, in assignment record , volume , page ; and the said J. C. being in the manner afore- said the assignee of the said bond and mortgage, died on or about the day of A. D. 19.., having first made his last will and testament which, after his death, was duly probated and is of record in the office of the register of wills, in and for county, wherein he appointed your complainant as the executor of his last will and testament, and to him letters testamentary were duly issued by the register of wills, in and for county, on the day of , 19. . ; and your complainant prays that the record of the said assignments, and of the said probate and grant of letters testa- 40 EQUITY FORMS mentary, or duly certified copies thereof, when produced in this cause, may be taken as a part of this bill of complaint. 9. No proceedings whatever have been instituted at law upon the first mentioned bond and mortgage for the payment of the sum of , and interest thereon, and the whole of said sum together with lawful interest thereon, from the day of , 19 . ., to date, is now due. 10. Your complainant has frequently applied to the said defend- ants, or their agents, to have the said debt paid, or else to have the equity of redemption of the said premises released, but they neglected and failed so to do. The complainant prays as follows: 1. That an account may be taken of what is now due and payable on the principal and interest on the said mortgage. 2. That the defendants, F. S. J., I. W. S. and A. W. S., his wife, C. M. and W. M. B., all, or any of them, or whatever one or more oif them may be determined to be the proper parties to pay, or to whose interest it may be to pay, may be decreed to pay to the complainant the amount which shall be found to be now due and payable on the principal and interest on the said mortgage, together with its costs of this suit, by a short -day to be appointed for that purpose, or in default thereof that the said defendants, and all persons claiming under them may be absolutely foreclosed of all right and equity of redemption in or to the said mortgaged premises; or that the said defendants, or the one or more of them who are found to be entitled to the equity of redemption in the said premises, release the said equity of redemption; or that the said mortgaged lands and premises, or so much thereof as may be necessary, be sold to pay what is now due and payable of the principal and interest of said mortgage. 3. (Prayer for general relief.) 4. (Prayer for process.) Form No. 67 (b) FORECLOSURE OF MORTGAGE SECURING BOND ISSUE w (Title and Commencement.) 1. The defendant, C. C. E. Co., was duly incorporated under the laws of the state of Delaware, on the day of , A. D. 19.., and by its charter was authorized (state powers), and said cor- poration has become seized In fee of the property hereinafter de- scribed, title to which had become vested in the said corporation prior to , 19 . . , when it executed the mortgage hereinafter described. 2. At meetings of the board of directors and of the stockholders of the said C. C. E. Co., duly and regularly called and held, the said company did determine to create an issue of negotiable bonds, to be known as its first mortgage five per cent, sinking fund gold bonds, to an amount not exceeding in all the sum of three hundred thousand dollars ($300,000) of principal, payable in gold coin of the United States, of the then present standard of weight and fineness, such bonds to be coupon bonds of the par value of five hundred dollars ($500) 16 The above form, although obtained from the practice of Dela- ware, is available for use in general chancery practice. BILLS RELATING TO MORTGAGES 41 each, all payable on the day of 19.., and bearing interest at the rate of five per centum per annum from the ...:.... day of 19 . . , payable semi-annually in like gold coin on the day of and in each year; and it further determined to make, execute and deliver unto the C. Trust Co. a mortgage or deed of trust securing such bonds by a conveyance of all its estates, properties and franchises, then owned and which might thereafter be acquired, and it authorized and directed the execution of such mortgage or deed of trust, and to execute such bonds with in- terest coupons attached, and to affix thereto the corporate seal of the corporation and cause the same to be duly attested and delivered to said C. Trust Co., as trustee named in the aforesaid bonds and mortgage. 3. In accordance with such authority, on August 1, 1906, the de- fendant, C. C. E. Co., acting through its proper officers, under its cor- porate seal, did execute and deliver to the plaintiffs, as trustee, for certification, bonds in the aggregate to three hundred thousand dol- lars ($300,000) payable (etc., as in paragraph 2 ahove). Of such bonds 380 of the par value of $500 each, amounting in the aggregate to $190,000, were duly certified by the plaintiff as trustee and duly redelivered to the office of the defendant for its use. And the said defendant company, acting through its proper officers, as duly author- ized, executed and delivered to the plaintiff a mortgage or deed of trust, bearing date the day of 19 . . , and duly re- corded in the office for the recording of deeds in and for county aforesaid, in mortgage record , volume page (a true copy of which is hereto attached and made a part hereof and marked Exhibit A), granting and conveying to the said plaintiff in trust for the better securing the payment of the said bonds: {Here describe all property conveyed). i. By such mortgage or deed of trust it was expressly provided inter alia as follows: (Provision for payments of principal and inter- est, and for procedure on default, to be inserted here.) 5. Plaintiff is informed and believes and therefore avers that of the bonds thus issued by the defendant company and certified back to it by the plaintiff as trustee, bonds of the par value of $190,000 were duly disposed of by defendant company and are now outstanding. 6. On 19 . . , on application of a stockholder and bond- holder of the said C. C. B. Co., the Court of Chancery of the state of Delaware, in and for county, appointed W. M. H., receiver pendente lite of the said C. C. E. Co., which appointment was made permanent on , 19.., and such receiver is now in pos- session of said properties (copies of the decrees appointing such receiver are hereto attached and made a part hereof and marked "Exhibits B and C"). Upon petition to the said court made on the day of A. D. 19.., leave was granted plaintiff to file this bill as an independent bill in the cause. 7. The C. C. E. Co., the said defendant, has failed to pay the inter- est and take up the coupons representing the same which matured on all of said bonds on , 19. ., and such default has been per- sisted in until the present time. 8. Default in the payment of such interest coupons having con- 42 EQUITY FORMS tinued for a period of more than sixty days (describe steps taken pre- liminary to present suit, following the requirements in the mortgage). Wherefore, plaintiff prays that a decree or decrees shall be entered as follows: (a) That the said defendant may be required to answer the prem- ises under oath. i (h) That the said mortgage bearing date the day of 19 . . , may be declared to be a lien upon all the property rights and franchises in said mortgage described, as well as upon all the property acquired by the C. C. E. Co., since the date thereof; and that the amount of said property and the rights of all holders of bonds issued thereunder in and to the property, real and personal, of the said C. C. E. Co., mortgaged to secure the same may be defined. (c) That the amount due upon the said bonds, principal and inter- est, secured by the said mortgage may be fixed. (d) That the said defendant, the C. C. E. Co., do pay what shall be due upon the said bonds including both principal and interest, when the amount of the same has been fixed. (e) That in default of the payment of the amount thus ascertained to be due, principal and interest, upon the bonds secured by said mort- gage or deed of trust, the said C. C. E. Co. and all persons claiming under it shall be absolutely barred and precluded of and from all equity and right of redemption in and to the premises conveyed by said mortgage or deed of trust, or premises since acquired by the said C. C. E. Co. (f) That in default of the payment of the principal and interest So ascertained as aforesaid to be due upon said bonds and coupons secured by the said mortgage, all and singular the premises, equip- ment, chattels and other properties, real, personal and mixed, cor- porate rights, franchises, mortgaged and pledged, or agreed or intended to be mortgaged and pledged by the said mortgage, shall be sold to the highest and best bidder at public sale in the city of Wilmington, Delaware, after having first given proper notice of such intended sale by publication to be made twice in each week for two successive weeks in at least two daily newspapers of general circulation published in the city of Wilmington, Delaware, and elsewhere, as may be prescribed by the court, and that upon such sale being made, the plaintiff as trustee shall grant and convey all and singular the premises, equip- ment, chattels and other properties, real, personal and mixed, cor- porate rights, franchises, mortgaged and pledged, or agreed or in- tended to be mortgaged and pledged by the said mortgage so sold to the purchaser or purchasers thereof, freed from all and every trusts by said mortgage or deed of trust created and without liability on the part of such purchaser or purchasers to see to the application of the purchase money therefor. (g) That by virtue of said sale the C. C. E. Co. and all persons claiming under it shall be perpetually barred and precluded of and from all rights, claims, and equities of redemption In and to said mort- gaged premises, either at law or in equity; that the money arising from the sale* shall be brought Into the court for distribution; and that the same shall be applied as follows: 1. To the payment of the costs and expenses of such sale, includ- BILLS RELATING TO MORTGAGES 43 ing a reasonable compensation to the trustee and its counsel, and of all expenses, liability and advances made or incurred by tbe trustee, and to the payment of all taxes, assessments, or liens prior to the lien of said mortgage. 2. To the payment of the whole amount owing or unpaid upon the first mortgage bonds for principal and interest with interest at the rate of five per centum per annum on the overdue installments of interest, and in case such proceeds shall be insufficient to pay in full the whole amount so due and unpaid upon the said bonds, then to the payment of such principal and interest, without preference or priority of principal over interest, or of interest over principal, or of any in- stallment of interest over any other installment of interest, ratably to the aggregate of such principal and the accrued or unpaid interest. 3. To the payment of the surplus, if any, to the C. C. E. Co., or its successors or assigns, or whomsoever may be lawfully entitled to receive the same. (h) That if the proceeds of the sale shall be insufficient for the payment of the costs and expenses of such sale and of the principal and interest of said outstanding bonds as aforesaid, the defendant may be adjudged to pay any deficiencies thereof. (i) That at said sale any purchaser, for the purpose of making settlement or payment for the property purchased, shall be entitled to turn in any first mortgage bonds and any matured and unpaid coupons, in order that there may be credited, as paid thereon, the sums pay- able out of the net proceeds of such sale to the holder of such bonds and coupons, as his ratable share of such net proceeds, after allowing for the proportion of total purchase price necessary to pay all sums required to be paid in cash, and that such purchaser shall be credited, on account of the purchase price of the property purchased, with the sums payable out of such net proceeds on the bonds and coupons so turned in, and that at any sale any holders of the said first mortgage bonds may bid for and purchase such property and make payment on account thereof as aforesaid, and upon compliance with the terms of sale, may hold, retain, and dispose of such property without further accountability therefor. (j) That the C. C. E. Co. shall execute and deliver to the purchaser or purchasers of the said premises, upon' payment of the purchase money in the manner and form above provided, a deed conveying and releasing to said purchaser or purchasers in fee simple all its right, title and interest in and to all said property described in said mortgage. (k) That the plaintiff may have such further relief as to this Honorable Court shall seen meet and proper. (Annex affidavit of president of plaintiff corporation.) FLORIDA Form No. 68 BILL FOR FOKECLOSUBE OF MORTGAGE BY EXECUTOR " (Title and Commencement.) 1. On the day of A. D. 19.., the last will and 17 The above form, although obtained from the practice of Florida, is available for use in general chancery practice. , 44 EQUITY FORMS testament of one C. G. L., deceased, was filed and admitted to probate in the court of the county judge in and for county, state of Florida, and your orator was named therein as an executor thereof; he duly qualified and on the day of A. D. 19 . . , letters testamentary were duly issued to him as such executor. 2. Theretofore, to- wit, on the day of , A. D. 19 . ., the defendant, H. G. H., became and was indebted to your orator's testator in the sum of $5,000.00 as evidenced by his promissory note of that date for the said sum payable {giving further terrris of the said note), a copy of which note is hereto attached as Exhibit "A" and made a part hereof. 3. The defendants, H. G. H. and C. K. H., his wife, on the day of A. D. 19.., to secure the payment of the aforesaid promissory note and the indebtedness evidenced thereby, did make and execute their certain mortgage deed of that date, to your orator's testator, whereby they granted, bargained, sold, aliened, remised, released, conveyed and confirmed unto your orator's testator, his heirs and assigns (insert description of real estate). ' Subject, however, to a condition of defeasance, whereby if the defendants, H. G. H. and C. K. H., their heirs, legal representatives or assigns, should pay the said promissory note, principal and interest, and should perform, comply with and abide by each and every of the stipulations, agreements, conditions and covenants of the said promis- sory note and of the said mortgage, then the said mortgage and tbe estate thereby created should cease and be null and void. The said mortgage was on the said ; , 19 . . , executed in the presence of two subscribing and attesting witnesses and duly acknowledged by the said defendants before a Notary Public in and for the state of Florida at large, and the said C. K. H. further acknowledged before the said Notary Public the said mortgage deed separately and apart from her said husband in the manner prescribed by the statutes of the state of Florida for the acknowledgments of married women joining in the conveyance of real estate in the state of Florida. The said mortgage, so dated, executed and acknowledged, was. delivered to your orator's testator and was on the said , 19.., duly recorded in book of mortgages at page of the current public records of said : . county, Florida; and the said mortgage deed is hereto attached as Exhibit "B," and made a part hereof. 4. In the said mortgage the -said mortgagors covenanted and agreed to pay the said sum of money and interest thereon as mentioned in the said promissory note; but the said principal sum of $ and the interest thereon from , 19.., have not been paid and ^re now past due and payable. The said mortgagors in the said mortgage covenanted in event the indebtedness secured thereby should not be paid in a manner therein provided for and the covenants and agreements therein contained should not be kept and performed as therein covenanted and agreed by the mortgagors, that the said defendants, the mortgagors, would pay all and singular the costs, charges and expenses, Including lawyer's fees, reasonably incurred or paid at any time by the mortgagee; and BILLS RELATING TO MORTGAGES 45 your orator avers that the defendants are indebted to him for the services of his solicitors rendered and to be rendered to this cause. In the said mortgage the said mortgagors covenanted and agreed to pay all taxes and assessments that might be levied and assessed against the said mortgaged premises; and your orator believes that some of the taxes and assessments levied and assessed against the said premises by the state, county and city authorities have not been duly paid and discharged as covenanted and agreed, and are now past due and payable. 5. The defendant, H. G. H., joined by the defendant, C. K. H., his wife, to-wit, on 19.., did convey the said premises to the defendant, J. D^ Company, a corporation under the laws of the state of Florida, by deed dated of that date, which deed was duly re- corded in book of deeds at page of the current public records of the said county; and in and by the said deed, as a part of the consideration thereof, the defendant, J. D. Company, assumed and agreed to pay the said note and mortgage and all other indebtedness secured thereby. 6. Your orator avers upon information and belief that the defend- ants, G. H. H. and S. H., his wife, have or claim to have some right, estate or interest (the exact nature of which is to your orator unknown) in and to the aforesaid premises; but that whatever right, estate or interest the said defendants may have in and to the said premises the same is inferior and subordinate to the right, title and interest of your orator therein and thereto. Forasmuch, Therefore, {etc., as in the formal parts of Bills in Equity under Florida supra, p. 6, prayer for answer) ; and your orator therefore prays: 1. That a Special Master of this court may be appointed to take and state on account of the amount due to your orator from the de- fendants, H. G. H. and J. D. Company, on the aforesaid mortgage indebt- edness and for the services of the solicitors of record of your orator as his attorneys in this behalf, and of the amount due for unpaid taxes and assessments on the said premises. 2. That the defendants, H. G. H. and J. D. Company, may be decreed to pay all the costs of these proceedings, including reasonable attorneys' fees, the amount found to be due for unpaid taxes and assess- ments on the said premises, and whatever sum shall appear to be due to your orator for principal and interest, of the said mortgage upon the taking and stating of the said account, as aforesaid, within a time to be fixed by the decree of this court. 3. That in default of such payment the premises described in the aforesaid mortgage deed, to-wit (insert description), may be sold as this court shall direct to satisfy the said costs,' taxes, solicitor's fees and all indebtedness secured by the said mortgage. 4. That in event of such sale, should the said mortgage premises sell for more than the total amount that may be found to be due and secured by the said mortgage, the overplus shall be paid unto the registry of this court, subject to the further order of this court; but if the said mortgaged premises shall fail to sell for sufficient to pay the total amount found to be due, secured by the said mortgage, and decreed to be paid as aforesaid, a decree for the difference or deficiency may be entered against the defendants, H. G. H. and J. D. Company. 46 EQUITY FORMS 5. That in event of such sale the defendants, H. G. H., C. K. H., his wife, G. H. H. and S. H., his wife, and J. D. Company, a corporation, and each of them, and all persons claiming by, through or under them, or either of them, after the commencement of this suit, may; be for- ever barred and foreclosed of all right or equity of redemption in and to the aforesaid mortgaged premises. (Add prayers for general relief an^ for process.) ILLINOIS i« Form No. 69 FORECLOSURE OF DEED OF TRUST {Title and Corrpmencement.) 1. On the 15th day of May, 19... L. M. P., of the city of Chicago aforesaid, being indebted in the sum of $15,000, made, executed and delivered a certain promissory note of that date and thereby promised to pay to the order of herself on or before two years after date said sum of $15,000 with interest thereon at the rate of five per cent per annum, payable semi-annually in each year until said principal sum should be fully paid, the several installments of interest aforesaid for the said period of two years being further evidenced by four interest notes or coupohs of even date with that of the principal note, payable respectively at successive semi-annual periods after that date, each for the sum of $375, and payable to the same order as the said prin- cipal note; said principal and interest notes being payable at the office of C. D. P., Chicago, as will all fully appear by the said principal note ready to be produced in court, and a copy of the same hereto attached marked "Exhibit A," and made a part of this bill of complaint, and by the last coupon aforesaid, being No. 4, copy whereof is hereto attached and marked "Exhibit A-1," and made a part of this bill of complaint. 2. Subsequent to the execution of the said principal note and of said coupon notes, they were all duly endorsed by the said L. W. P. and delivered to your orator, E. W. P., and she is now the legal holder and owner thereof. 3. To secure the payment of the said principal and interest above mentioned, the said L. M. P. and W. S. P., her husband, on the 15th day of May, 19 . . , by their deed of trust of that date, conveyed to your orator, C. W. P., as trustee, in fee simple, the following described real estate situated in the county of Cook and state of Illinois, to-wit: (Insert legal description of property.) Said conveyance was in trust, however, for the purpose of securing said note and interest aforesaid and the necessary expense of said trust, and was subject to a condition of defeasance upon payment of the prin- cipal and interest according to the tenor and effect of the said note; and said deed of trust was duly recorded in the recorder's office of Cook county aforesaid, as document in book , of records, page , as by said deed or a certified copy thereof will more fully appear, and as will further appear by a copy thereof hereto 18 The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. It is based on the bill in Peacock v. Phillips, 247 111. 467. BILLS RELATING TO MORTGAGES , 47 attached, marked "Exhibit B," and by reference made a part of this bill of complaint. 4. It was specially covenanted in said deed that the said grantbrs therein would pay all taxes and assessments that might be levied or assessed on said premises as and when the same should become due and payable, and that they would not at any time after the date of the said deed until the principal sum and interest thereon should be fully paid, suffer said premises or any part thereof to be sold for any tax or assessment whatsoever, or to be forfeited therefor, nor suffer any tnechanic's lien to attach to said premises; and it was further cove- nanted between said grantors in said trust deed that if the party of the second part therein, or the legal holder of the said principal note, meaning thereby your orators, should, as they were expressly by said deed authorized in their discretion to do, advance or expend any money to save said premises from sale or forfeiture for taxes or assess- ments, or to redeem the premises from such sale, or to purchase any tax title thereon, or in any manner protecting the title and estate by said deed conveyed and warranted, or intended so to be, all moneys so advanced or expended should be deemed to be a charge upon said premises and should be and by said deed they were declared to be, secured by said deed in the same manner as the said principal sum of money above mentioned was secured, and should be repaid by said grantors on demand with interest thereon at the rate of seven per cent per annum, from the time the same should be advanced or expended. 5. It was further stipulated and agreed in said deed that in case of a breach of any of the agreements or covenants in said deed by the grantors, or in case default should be made in payment either of the principal or interest of the said indebtedness thereby secured, or any part thereof, when due, then in either of said cases, said party of the second part, the trustee, should have the right upon the request of the holder of said indebtedness, to take immediate possession of said premises and collect the rents, issues and profits thereof and apply the same, less a reasonable commission for collection, to the payment of the repairs, insurance, taxes and assessments upon said premises, and the principal and interest of said indebtedness, and that the legal holder of said indebtedness should also, in either of said cases, have the right to immediately foreclose said deed for the payment of said indebtedness, and that upon the filing of any bill for that purpose the court in which said bill was filed might at once and without notice to said parties of the first part, or any person claiming under them, ap- point a receiver with power to collect the rents, issues and profits of said premises during the pendency of said foreclosure suit, and until the time should expire to redeem the same from any sale that might be made under any decree foreclosing said trust deed. 6. It was agreed in said deed that in the event that it should be foreclosed by a judicial proceeding in any court and a decree for the sale of said premises should be therein rendered, there should be in- cluded in the judgment on such foreclosure a reasonable sum for the complainant's solicitor's fee in such proceeding, and the cost of a complete abstract of title to said premises, which sums are hereby charged upon the premises aforesaid as an additional lien hereunder. 7. Default was made in the payment of the interest coupon falling 48 EQUITY FORMS due upon the 15th day of May, 19. ., to- wit, coupon No. 4, attached to said principal note, and your orators aver that the said coupon remains unpaid, and that the said principal note became due upon the 15th day of May, 19.., and remains unpaid, by reason of which defaults your orators have become entitled to fife this bill of complaint. 8. Contrary to the express agreements and covenants of said trust deed, the said grantors therein failed to pay taxes and assessments levied upon said lots for the year 19. ., and permitted the same to be sold for such taxes; and your orator avers that to redeem the said premises from the tax sales above mentioned, on the day of , 19 . ., she paid the sum of dollars, and that in accordance with the terms of said trust deed, said amount, together with interest at seven per cent from the date of said payment by her, has become a lien upon the premises under said trust deed. 9. Subsequent to the execution and recording of the trust deed herein sought to be foreclosed, the said L. M. P. and W. S. P., executed a certain trust deed dated , 19 . . , and recorded the same day in book of records, page , in recorder's office of Cook county, conveying the said premises to R. C. O. as trustee, L. T., first successor in trust, to secure the note of said L. M. P. and W. S. P., bearing even date of said trust deed, for ........ dollars, payable to their order and by them endorsed, one ye^r after its date, with interest at six per cent per annum, payable semi-annually and evidenced by coupon notes; and your orators do not know who is the owner of said notes and coupons. 10. Subsequent to the making and recording of the trust deed herein sought to be foreclosed, the said L. M. P. and W. S. P. conveyed the said premises to H. M. R. as trustee, by their trust deed dated 19.., and recorded , 19.., in book of records, page , to secure six notes of said L. M. P. and W. S. P. of even date with said trust deed, payable to their own order at C. S. B. and by them endorsed, with interest at six per cent per annum {de- 301-11)8 the notes) and your orators do not know who are the owners of said notes. 11. R. M. M., a corporation, and C. H. B., claim some right or title to said premises as mechanic's lienors or judgment creditors, or other- wise, the precise nature of which claims is unknown to your orators, but whatever rights or claims the said R. M. M. and C. H. B. may have, are subordinate and inferior to that of your orators by reason of their deed of trust as aforesaid. Your orators therefore ask the aid of this Honorable Court in the premises and make the said (naming parties desired) parties defend- ant to this bill, to the end 1. (Prayer for answer.) 2. That an account may be taken in this behalf by this Honorable Court, and that the said defendant, L. M. P., or such other defendants as may be shown liable therefor, may be decreed to pay to your orator whatever sum may be found to be due upon the taking of such amount together with solicitor's fees and costs of this proceeding, and the expenses of said trust, if any be shown, by a short day to be fixed by the Court, and that in default of such payment, said mortgaged premises may be sold as may be directed by this court, to satisfy the BILLS RELATING TO MORTGAGES 49 amount due upon the said note, and the indebtedness found due by said decree, including solicitor's fees and costs. 3. Tliat in case of such sale and a failure to redeem therefrom pursuant to the statute, the defendants and all persons claiming through or under them since the commencement of this suit, may be forever barred and foreclosed of and from all right and equity of redemption in said premises. 4. That in case the proceeds of said sale shall be insufficient to satisfy the said decree in full, your orator, E. W. P., may have personal execution against the said L. M. P. for any insufficiency there may be. 5. That on the filing of the bill herein a receiver may be appointed by this Honorable Court to take charge and possession of the premises pursuant to the said trust deed, and that he may hold possession of the same during the pendency of this bill and until the termination of the period of redemption should a sale hereunder be had, with the usual power of a receiver in chancery in such cases. (.Add prayers for general relief and for process.) MAINE 19 Form No. 70 (a) BILL TO FOEECLOSE ORDINARY MORTGAGE UNDER GENERAL POWERS (Title and Commencement.) 1. On the ........ day of , 19.., the plaintiff loaned the defendant the sum of $1,000 at his request and as evidence of said loan, the defendant, at the same time, executed and delivered to the plaintiff his promissory note of that date whereby he promised to pay- the plaintiff the sum of $1,000 in one year from date with interest thereon payable semi-annually, and to secure the payment of said note, the defendant being seized in fee simple of a certain parcel of real estate situated in in the county of and state of Maine, bounded and described as follows (here insert description), executed a deed of mortgage of even date with said note, a copy of which, marked "Exhibit A," is hereto annexed and made a part of this bill, whereby he conveyed said real estate to the plaintiff upon condition that if the defendant should pay to the plaintiff the amount of said note with interest in one year according to the terms thereof, then said mort- gage deed should be void, otherwise to remain in full force. 2. The defendant did not pay to the plaintiff the amount of said note at its maturity and has paid no interest thereon since the day of 19 . . , and though often requested by the plaintiff, he has not yet paid said principal sum or the interest due thereon and still refuses so to do. Wherefore the plaintiff prays: 1. That it may be ordered and decreed that unless the amount now due on said note shall be paid to the plaintiff by the defendant within 19 The above form, although obtained from the practice of Maine, is available for use in general chancery practice. Foreclosure bills are very rare in Maine practice, the statutory method of strict fore- closure being usually followed. 50 EQUITY FORMS such reasonable time as the court may appoint, the defendant shall be forever foreclosed from all right of redeeming said premises, or, 1. That said premises may be ordered sold at public auction and the proceeds thereof applied in payment of the amount due the plaintiff under said mortgage. 2. That if said proceeds shall be insufficient to pay said amount, execution may issue against the defendant for such deficiency. (Add prayers for general relief and for process.) Form No. 71 (b) BILL TO FORECLOSE EAILEOAD MORTGAGE 20 (Title and Commencement.) R. B. D., of in the county of , who brings this suit in behalf of himself and such other owners of the bonds of the S. Railroad Company, hereinafter described, as choose to become parties hereto, complains against the S. Railroad Company, a corporation established by law, and having a place of business at and says: 1. The said S. Railroad Company, on the first day of July, A. D. 18 . . , by its mortgage deed of that date, duly executed and recorded, a copy of which is hereunto annexed and made part hereof, mortgaged to L. P. of Portland, in the county of Cumberland, D. H., of Lewiston, in the county of Androscoggin, and S. D. L., of Norridgewock, in the county of Somerset, as trustees and their successors in joint tenancy, the railroad of said S. Railroad Company, situated in the counties of and , with the franchise of said company, and all its real estate and all its personal property of every nature used in connection with its said railroad then possessed or to be thereafter acquired; to hold said premises in trust for the holders of the bonds of said S. Railroad Company to be issued by it to an amount not exceeding in the whole, the sum of dollars, payable at Boston, in the Commonwealth of Massachusetts, ?ind at the treasurer's office of said company in twenty years from the first day of July, A. D. 18.., with Interest at the rate of seven per cent per annum payable semi-annually in Boston, and at the treasurer's office of said company in gold according to the coupons annexed to each bond and to secure the payment of said bonds and the interest coupons thereunto attached as they should become due. 2. Said company made and Issued its bonds secured by said mort- gage to the amount of dollars and no more as hereinbefore described and sold the same to divers parties and said bonds are all still outstanding and unpaid. 20 Prom bill in Somerset R. Co. v. Pierce, 88 Me. 86 (1895), brought under R. S. 1871, Ch. 51, §§49-66 (R. S. 1903, Ch. 52, §§59-61), giving bondholders power to foreclose railroad mortgages. Demurrer filed and overruled. Bill sustained and foreclosure decreed on a foreclosure period of only eight months, as in general chancery practice, without regard to the period of three years (now one year) prescribed by statutory methods of foreclosure at law. The above form, although obtained from the practice of Maine, is available for use in general chancery practice. BILLS RELATING TO MORTGAGES 51 3. No interest has been paid on said bonds for more than three years, to-wlt, since the first day of July, A. D. 18. .. 4. Interest coupons on said bonds fell due, to-wit, on the first day of July, A. D. 18.., dollars. On the first day of January, A. D. 18 dollars; on the first day of July, A. D. 18.., eleven thousand eight hundred and fifty-four dollars and fifty cents; and on the first day of January, A. D. 18. ., fifteen thousand seven hun- dred and fifty dollars, and none of said interest falling due at such respective dates has ever been paid. 5. The said trustees have never taken possession of said mort- gaged property, nor in any manner therewith but the same ever since has been and now is in the possession of said S. Railroad Company; nor have said trustees taken any measures to secure a foreclosure of said mortgage for breach of condition thereof, nor has any corpora- tion been formed by the holders of said bonds as provided by law. 6. The plaintiff is the owner and holder of a majority in amount of said bonds, the principal of which amounts to dollars. Wherefore and inasmuch as he is entirely remediless in the premises, according to the strict rules of the common law, and can only have relief in a court of equity where matters of this nature are properly cognizable and relievable, the plaintiff prays: 1. That the Court will decree a foreclosure of said mortgage by reason of the breach of the condition of said mortgage caused by the failure to pay the interest coupons on said bonds as aforesaid. {Add prayers for general relief and for process.) MARYLAND Form No. 72 (a) BILL FOR FOEECLOSURE 21 (Title and Commencement.) 1. Heretofore, to-wit, on the day of , 19.., the defendant, C. D., being indebted unto your orator in the sum of I and intending to secure unto him the payment thereof, did, by his deed of that date, convey, by way of mortgage, unto your orator certain real estate lying in the city of Baltimore, and particularly described in said deed; to which deed there is a condition annexed that it be void on payment by the said C. D. to your orator of the aforesaid sum of money, with interest thereon, on or before the day of 19 . . , all which will more fully appear by reference to a duly certified copy of said deed, herewith filed as part hereof, marked "Exhibit A." 2. No part of the aforesaid sum of money, or the interest accrued thereon, has been paid to your orator, although the time limited for the payment thereof, by the condition aforesaid has passed, and pay- ment thereof has been duly demanded from the said C. D.; but the whole of said sum of money and interest as aforesaid remains due and owing to your orator. To the end, therefore, 21 The above form, although obtained from the practice of Mary- land, is available for use in general chancery practice. 52 EQUITY FORilS 1. That the said C. D. may be decreed to pay to your orator what may be due to him as aforesaid, together with his costs of suit, by a short day to be appointed for that purpose; or in default thereof, that the said C. D., and all persons claiming under him may be absolutely debarred and foreclosed of and from all right and equity of redemption in or to said mortgaged premises, and every part thereof. (Add prayers for general relief and for process.) Form No. 73 fb) PETITION FOE FOEECLOSXJEE z2 To the Honorable the Judge of said Court: The petition of the plaintiff respectfully represents. That on the day of , A. D. 19. ., A. B., the defend- ant, executed and delivered to the plaintiff, C. D., a mortgage upon certain property in the city of Baltimore, therein described, to secure the payment of the mortgage debt of | and interest as therein mentioned, wherein said mortgagor assented to the passage of a decree for the sale of said mortgaged property, to take place at any time after any default in any covenant or condition of said mortgage; all which will appear from said mortgage, marked "Petitioner's Ex- hibit Xo. 1," and filed herewith as part of this petition. And your petitioner prays that a decree may be passed for the sale of said property in accordance with the terms of said mortgage. And as in duty (etc.) A. B. E. F., Attorney for Plaintiff. (Statement of mortgage debt is to be annexed to the above petition, accom.panied toith affldaiit as follows:) State of Maryland, City of Baltimore, ScL I hereby certify that on this day of in the year nineteen hundred and , before me, a Justice of the Peace of the state of Maryland, in and for said city of Baltimore, personally appeared C. D., the plaintiff in the above entitled cause, and made oath that the foregoing is a true statement of the amount of the mortgage claim under the mortgage filed in the said cause now remaining due and unpaid. E. F., Justice of the Peace. MASSACHUSETTS 23 Form No. 74 FOBECIiOSTTEE OF COEPOEATION MOETGAGE SECTJEING AN ISSUE OF BONDS (Title and Commencement.) 1. On the first day of January, 19. ., the defendant, the G. W. S. Co., being duly authorized thereto by its charter and the laws of this com- monwealth, executed and delivered to the plaintiff, as trustee, a certain Indenture and mortgage of real and personal property, recorded with 22 The above form is peculiar to the chancery practice of Maryland. 23 The above form, although obtained from the practice of Massa- chusetts, is available for use in general chancery practice. BILLS EELATING TO MORTGAGES 53 county deeds, , 19 . . , book page , and in the city clerk's office in 19 . . , book page a copy of which is hereto annexed, marked "Exhibit A." 2. The plaintiff is informed and believes and therefore avers, that the defendant, the G. W. S. Co., pursuant to its charter and the laws of the commonwealth issued and delivered its bonds, duly certified by the trustee under said mortgage as therein required, in the form set forth by said mortgage, to the aggregate amount of dollars, and thereupon became indebted to the owners and holders of said bonds to said amount, as security for which indebtedness said mortgage was given and now exists. And all said bonds are, and were prior to the defaults hereinafter recited, outstanding in the hands of the persons to whom the same were issued, or their successors in interest. 3. The plaintiff is informed and believes, and therefore avers, that on the fifth day of July, 18. ., and thereafter on each first day of Jan- uary and July up to the date hereof, instalments of interest became due and payable on said bonds secured by said mortgage and supplementary mortgages, according to the tenor thereof; but said defendant did not pay the same, but made default upon each of said instalments re- spectively, and the interest coupons due at said respective dates are now unpaid, although on the day of , 19. ., more than six months before the date hereof, the plaintiff notified said defendant in writing that there had been a default in the performance of its covenant contained in said mortgage to pay all interest coming due in respect to the said bonds as such interest should mature, and demanded that the defendant should perform said covenant forthwith, and forth- with pay all interest due in respect to said bonds. 4. The plaintiff is informed and believes and therefore avers, that said defendant has made default in its covenant to pay and discharge all taxes and assessments imposed upon the mortgaged premises as the same shall respectively become due and payable; namely, has failed to pay thetaxes upon the real estate described in said mortgage in the city of imposed May 1, 19.., May 1, 19.., May 1, 19..; and the plaintiff duly notified the said defendant that there had been a default in said covenant to pay Said taxes and demanded that it per- form said covenant and pay forthwith said taxes and assessments. 5. The plaintiff has upon the request in writing of the holders of three-fourths of the bonds secured by said mortgage and now outstand- ing, declared the principal of all said bonds immediately due and pay- able, and said principal has now become, according to the terms of said mortgage due and payable, notwithstanding anything in said bonds contained to the contrary thereof. 6. The plaintiff is informed and believes and therefore avers, that the defendant, the National Bank of on 19 . . , filed in this Court, a bill in equity against the defendant, the G. W. S. Co., in which it seeks to apply the property in the city of described in said mortgage to an alleged claim of it against the G. W. S. Co., and may make some claim to said premises. 7. The plaintiff is informed and believes and therefore avers that the defendants, C. E. N. and A. H. S., claim a mechanic's lien filed March 7, 1895, on said real estate in described in said mort- gage, and may make some claim to said premises. 54 EQUITY FORMS Wherefore the plaintiff prays: 1. That said mortgage may be decreed to be a first lien upon the property therein described and that the defendant, the G. W. S. Co., may be decreed to pay to the plaintiff all moneys now due under and by virtue of said mortgage, and of the bonds issued thereunder and secured thereby, smd, in default thereof that the said defendant and all persons claiming under it may be forever barred and foreclosed of and from all equity of redemption and claim of, in, and to the said mortgaged premises and property, and every part and parcel thereof; and that all and singular the mortgaged premises with the appurtenances, easements, tenements, hereditaments, buildings, erec- tions and structures now situated upon the mortgaged premises, and all and singular the personal property conveyed by said chattel sup- plementary mortgage, may be sold under a decree of this Honorable Court, and that the money arising from the sale thereof shall be applied as is provided in said mortgage as to the proceeds of any public sale under the provisions thereof. And the plaintiff further prays that, an account may be taken of the bonds secured by said mortgages, and of the amounts due on said bonds for principal and interest or either and that the names of the lawful holders may be ascertained. 2. That a receiver or receivers may be appointed according to the usual practice of this Court, with the usual power of receivers in like cases, over the property covered by said mortgages, and that said receivers be empowered, instructed and directed to take possession of the property conveyed by said mortgages, and collect and receive the income thereof, and account for the net income received therefrom, after deducting the expenses of collecting the same, and the amoimt of taxes, assessments, and prior charges upon said property, if any, and hold and apply the same for the Interest and benefit of said bond- holders in conformity with the provisions of said mortgage and as directed by this Court. And that the defendant, the G. W: S. Co., be decreed to make such transfers or conveyances to said receiver or receivers and to the purchasers at any sale or sales of all or any part of said property which may be made in conformity with the provisions of said mortgage or under the decree of this court, as may be neces- sary and proper to put such purchaser or purchasers or either of them in possession of such property so purchased. (Add prayer for general relief.) mOHIGAN 24 Form No. 75 BILL FOB FOBECLOStrBB {Title and Commencement.) 1. On or about the day of , A. D. 19. ., one J. B., then of became and was justly indebted to W. C, then of in the sum of dollars, and being so indebted the said J. B. did then make and execute under his hand and deliver to the said W. C. his certain promissory note in writing bearing date the same day and year last aforesaid, and therein and thereby the said 2* The above form, although obtained from the practice of Mich- igan, is available for use in general chancery practice. BILLS RELATING TO MORTGAGES 55 J. B. promised to pay to the said W. C. or to his order (or, to the bearer of the note; or as the case may be) the said sum of dollars with interest as follows (state the terms of payment of the note) as in and by the said note now in the possession of your orator ready to be produced and proved as this Court direct, and whereto when so produced and proved your orator for greater certainty prays leave to refer, will fully and at large appear. 2. In order to secure to the said W. C, his executors, administrators and assigns the payment of the said sum of money above mentioned together with the interest thereon in the manner aforesaid, the said J. B. and M. B., his wife, on or about the day of , A. D. 19 . . , did make and execute under their hands and seals and deliver to the said W. C. a certain indenture of mortgage bearing date the same day and year last aforesaid and thereby in consideration of the sum of dollars, the said J. B. and M. B., the parties of the first part, in and to the said indenture of mortgage, did grant, bargain, sell, remise, release, enfeoff, confirm, warrant and mortgage unto the said W. C, the party of the second part, in and to the said indenture of mortgage, and to his executors, administrators and assigns forever. (Insert description of land as described in the mortgage.) 3. It was in and by the said indenture of mortgage expressly covenanted and agreed by and between the parties thereto that the said parties of the first part thereto, their heirs, executors and admin- istrators should keep the mortgage interest of the said parties of the second part, his executors, administrators and assigns in the buildings erected and to be erected upon the land therein conveyed, insured against loss and damage by fire, by insurers and in amount and man- ner approved by the said party of the second part and that in default thereof it should be lawful for the said party of the second part, his executors, administrators or assigns, to effect such insurance and that the premium or premiums paid for effecting the same should be a Hen upon the said mortgaged premises added to the amount secured by the said mortgage and payable forthwith with interest at the rate of per cent per annum. 4. It was in and by the said indenture of mortgage also expressly covenanted and agreed by and between the parties thereto that the said parties of the first part, their heirs, executors, administrators and assigns, should so long as the said principal and interest thereby secured or any part thereof should remain unpaid, well and faith- fully pay and discharge within the time prescribed by law all such duties, taxes, assessments general and special, as should by any lawful authority be imposed upon the said mortgaged premises, and that in default thereof it should be lawful for the said party of the second part, his executors, administrators or assigns to pay and discharge such duties, taxes and assessments, and that the moneys thus paid should be a lien on the said mortgaged premises added to the amount secured by the said mortgage and payable forthwith with interest at the rate of per cent per annum. 5. It was in and by the said indenture of mortgage also expressly covenanted and agreed by and between the parties thereto, that should any default be made in the payment of the said interest or of any part thereof, or of any instalment of principal or of any part thereof of the 56 EQUITY FORMS said duties, taxes, assessments or of any part thereof, or of such in- surance, or any part thereof on any day whereon the same was made payable as therein expressed and should the same remain unpaid and in arrear for the space of days, then and from thence forth, that is to say, after the lapse of the said principal sum as should then remain unpaid with all arrearages of interest, duties, taxes, assess- ments and insurance premiums should at the option of the said party of the second part, his executors, administrators or assigns, become and be immediately thereafter due and payable although the period above limited for the payment thereof might not then have expired, anything thereinbefore or in the said note contained to the contrary thereof notwithstanding. 6. It was in and by the said indenture of mortgage also expressly covenanted and agreed by and between the parties thereto that the said parties of the first part, their heirs, executors, administrators or assigns, would pay to the said party of the second part, his executors, administrators and assigns, the said sum of money above mentioned, together with the interest thereon and would also pay interest on all overdue interest and principal from the time of its maturity at the rate and according to the terms and conditions as in the said indenture of mortgage mentioned. 7. The said indenture of mortgage was upon the express condition that if the said parties of the first part thereof, their heirs, executors, administrators or assigns should and did well and truly pay or cause to be paid to the said party of the second part thereto, his executors, administrators or assigns, the said sum of money with interest accord- ing to the terms and conditions of the said promissory note, then the said indenture of mortgage and the said note should cease and become null and void as in and by the said indenture of mortgage now in the possession of your orator ready to be produced and proved as this Court shall direct and whereto reference is prayed, will fully and at large appear. 8. The due execution of the said indenture of mortgage was after- wards on the day of , A. D. 19 . . , duly acknowledged by the said J. B. and M. B. before I. H., a Notary Public, duly authorized to take such acknowledgment as in and by the certificate of the said Notary Public annexed to the said indenture of mortgage and whereto reference is prayed will fully and at large appear. 9. Afterwards on or about the day of A. D. 19 . . , the said indenture of mortgage together with the certificate of acknowledgment thereof was duly recorded in the office of the Register of Deeds for the said county of in the state of Michigan, in liber of mortgages at page as in and by the said record now remaining In the said Register's office and whereto your orator prays leave to refer, will fully and at large appear. 10. Afterwards on or about the day of , A. D. 19. ., the said W. C. did by assignment in writing under his hand and seal bearing date the same day and year last aforesaid, for a valuable con- sideration, the receipt whereof was in the said assignment confessed and acknowledged, sell, assign, transfer and set over unto your orator all and singular the said note and indenture of mortgage together with the indebtedness thereby secured, and, afterwards on or about the BILLS RELATING TO MORTGAGES 57 day of A. D., 19 . . , the said W.' C. duly acknowledged the execution of the said assignment before C. I., then a Notary Public, duly authorized to take such acknowledgment as in and by the said assignment under the hand and seal of the said W. C. and the certificate of the acknowledgment thereof annexed to the said assignment and signed by the said Notary Public now in the possession of your orator ready to be produced and proved as this Court shall direct, and whereto reference is prayed, will fully and at large appear; and the said notes and indenture of mortgage were delivered to your orator by the said W. C. with the said assignment, and your orator is now the owner thereof and of the indebtedness thereby secured. 11. Afterwards on or about the day of A. D. 19. ., the said assignment of the said mortgage together with the certificate of the acknowledgment thereof was duly recorded in the said register's office, in liber of mortgages at page , as in and by the said last mentioned record now remaining in the said Register's office, and whereto your orator prays leave to refer will fully and at large appear. 12. Default has been made in the payment of the said interest and the same has been and remained overdue, unpaid and in arrear for more than days, that is to say, for days now last past and still remains in arrear and unpaid and your orator by reason thereof has elected and declared and hereby does elect and declare that the whole amount of principal remaining unpaid with all arrearages of interest, taxes and insurance premiums, have become and are due and payable immediately. 13. Default has been made in the keeping of the mortgage interest of your orator in the buildings erected on the said land insured from loss or damage by fire and in order to protect this said interest your orator has been compelled to effect and has effected such insurance and has been compelled to pay and has paid as premiums or premium for effecting the same divers large sums of money, that is to say dollars on or about the day of , A. D. 19 . ., and that the several sums have not nor has any part thereof been repaid to your orator. 14. Default has been made in the payment of duties, taxes and assessments levied and assessed upon the said land and your orator, to protect his said mortgage interest therein has been compelled to pay and has paid from time to time divers large sums of money for the same, that is to say, dollars on or about the day of , A. D., 19. ., for the taxes assessed thereon for the year 19. ., and dollars on or about the day of A. D. 19. ., for a certain drain tax assessed thereon or on some part thereof before that day and that the said several sums have not nor has any part thereof been repaid to your orator. 15. There is now due and unpaid on the said promissory note and Indenture of mortgage for principal and interest the sum of dollars for duties, taxes, assessments and insurance which your orator has been compelled to pay as aforesaid, together with the interest thereon and your orator has reason to believe and does believe and charges the truth to be that he will be obliged and compelled in order to protect his said interest to pay out other large sums of money for 58 EQUITY FORMS taxes, assessments and insurance premiums during the pendency of this suit. 16. No proceedings at law have been had or taken to recover or collect the moneys or indebtedness secured by said note and mortgage or any part thereof and no part thereof has been collected or paid. 17. Your orator has caused examination to be made of the records in the oflSce of the register of deeds of the county of wherein the said mortgaged land and premises are situated and from such ex- amination it appears and your orator charges the fact to be that D. F., P. J. and J. K. have or claim to have rights and interests in the said lands and premises or in some part thereof as subsequent purchasers or encumbrances or otherwise and that one A. L. is in actual possession of the said lands or of some part thereof as tenant or otherwise. I. Your orator therefore asks the aid of this Court in the premises that: {prayer for answer), and that they may come to a fair and just account touching the amoimt due to your orator on the said note and indenture of mortgage. II. That they or some of them, may be decreed forthwith to pay to your orator the ainount which shall be found to be due to him on such accounting with the interest thereon and his reasonable costs and charges in this suit sustained. III. That in default of such payment the said defendants and each and aU of them and all persons claiming or to claim from, through or under them or any of them may be forever foreclosed and barred of and from all equity of redemption and claim of in and to the said mort- gaged land and premises and each and every part and parcel thereof with the appurtenances. rv. That all and singular the said mortgaged land and premises with the appurtenances may be sold at public auction or vendue by the order and decree and under the direction of this Court and that the moneys arising from such sale, so far as shall be necessary or so far as the same will extend be applied after the payment of the expenses of such sale and the costs of this suit towards satisfying to your orator and secure by the said note and indenture of mortgage, both principal and interest; the surplus if any to be paid to such of the defendants as shall be found to be entitled thereto. V. That the said defendants and all persons claiming and to claim by through or under them or either or any of them or who may have come into possession of the said mortgaged land and premises or any part or parcel thereof during the pendency of this suit, yield and deliver up possession thereof to whomsoever shall become the purchaser or purchasers thereof at the said sale after the expiration of six months from the time of such sale, on his, her or their producing to him, her or them, or the person or persons in possession of the said mortgaged premises or any part thereof, the deed or deeds executed by the circuit court commissioner, or other person making such sale as aforesaid, and a certified copy of the order of this court confirming the report of such sale after such order has become absolute; unless the said lands and premises shall have been in the meantime redeemed according to law. VI. That in case the proceeds of such sale shall not be sufficient to pay and satisfy the whole amount due and owing to your orator as aforesaid together with his reasonable expenses of such sale, the said BILLS RELATING TO MORTGAGES 59 defendant, J. B., and such otiier of the defendants as shall be found to have become personally liable for the same, forthwith pay to him the amount of such deficiency and that in such case he may have writ of execution issued out of and under the seal of this court for the collection thereof. (Add prayers for general relief and for process.) (Verification.) NEW HAMPSHIRE 2^ Form No. 76 BILL TO FOEECLOSE MOETGAGE (Title and Commencement.) The defendant, C. D., on the 2nd day of December, 19. ., executed to said A. B. to secure the payment of a note of that date for the sum of six hundred fifty dollars, payable to A. B. on demand after date with interest semi-annually, a mortgage of a certain tract of land, with the buildings thereon, situated in said Canterbury, bounded and described as follows: (Here insert description of premises.) The note and mortgage given to the plaintiff, as aforesaid, are still unpaid, and the time of payment has long since passed. Wherefore the said A. B. prays for a decree of foreclosure of said mortgage, for a writ of possession of said premises, and for such other relief as may be just. NEW JERSEY 26 Form No. 77 BILL TO FORECLOSE MORTGAGE (Title and Commencem.ent.) 1. On or about the day of , 19.., B. C. C. of , became and was justly indebted unto T. F. J. of '. ., in the sum of dollars, and being so indebted, the said B. C. C. in order to secure the payment of the said sum of money, with inter- est, did make and execute, under his hand and seal, and deliver unto the said T. F. J. a certain bond or obligation, bearing date the same day and year last aforesaid, in the penal sum of dollars, lawful money of the United States, with a condition thereunder written, that if the said B. C. C, his heirs, executors, or administrators, sliould well and truly pay, or cause to be paid, unto T. F. J., his executors, admin- istrators or assigns, the just and full sum of dollars, lawful money aforesaid, in one year from the date thereof, together with inter- est thereon at the rate of six per cent per annum, payable semi- annually, without any fraud or other delay, as in and by said bond or writing obligatory, now in the custody of your orator, and ready to be produced as this Honorable Court shall direct, and to which for greater certainty your orator begs leave to refer, may more fully appear, then the said obligation should be void, otherwise to remain in full force and virtue; as in and by the said bond or obligation and the condition 23 The above form is peculiar to the chancery practice of New Hampshire. 26 The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. 60 EQUITY FOEMS thereof, reference being thereunto had, will more fully and at large appear. 2. The said B. C. C, in order to seciire the payment of the said sum of money above mentioned, together -srith the interest which should accrue or become due thereon, executed and delivered unto T. F. J. a certain indenture of mortgage, bearing date the same day and year last aforesaid, made by said B. C. C. of the first part, and T. F. J. of the second part, in and by which said indenture of mortgage the said party of the first part did grant, bargain, sell, alien, release, enfeoff, convey and confirm unto the said T. F. J., said party of the second part, his heirs and assigns, {insert description of real estate) ; together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also, all the estate, right, title, interest, use, property, possession, claim and demand whatsoever, as well in law as in equity, of the party of the first part to the said indenture of mortgage, and every part and parcel thereof, with the appurtenances; to have and to hold, the therein above granted and described premises, with the appurtenances unto T. F. J., the said party of the second part, his heirs and assigns, to his and their own proper use, benefit and behoof forever; provided always, and the said indenture of mortgage was therein declared to be upon this express condition, that if the said B. C. C, party of the first part to the said indenture of mortgage, or his heirs, executors, or adminis- trators, should well and truly pay, or cause to be paid, unto T. F. J., his certain attorney or attorneys, executors, administrators or as- signs, the said sum of money mentioned in the condition of the afore- said bond or obligation, with the interest thereof, at the time and in the manner mentioned in the said condition, according to the true intent and meaning thereof, then the said indenture of mortgage, and the estate thereby granted, should cease, determine, and from thence- forth be null and void. 3. After the execution of the said indenture of mortgage, the same was in due form of law acknowledged by the said B. C. C. before L. H. S., a Master in Chancery of Xew Jersey, and duly registered in the office of the register in and for the said county of in book of mortgages, page , on the day of , in the year 19 . . ; as by the certificate of the register of the said county, endorsed on the said indenture of mortgage, more fully appears, and to which your orator, for greater certainty, begs leave to refer, if it be necessary so to do. 4. The entire principal money shown in the said bond or obligation and secured thereby and by the said deed of mortgage, with large arrears of interest, still remains due and owing to your orator, no part thereof having been paid to him, so that he is greatly delayed and dis- appointed in the receipt of the said money, by means of which said several premises the said deed of mortgage, and the estates thereby mortgaged as aforesaid, have become absolute in your orator ajid his heirs. 5. The said B. C. C. since the execution of said mortgage has pos- sessed and enjoyed, and does still possess and enjoy, the said mortgaged premises, with the appurtenances, and has always received, and still BILLS RELATING TO MORTGAGES 61 does receive the rents, issues and profits thereof. And the said mort- gaged premises are a slender and scanty security for the payment of the said principal and interest moneys so due to your orator as aforesaid. '6. Your orator or some other person or persons, for him, has fre- quently and in a friendly manner applied to the said B. C. C. and re- quested him to pay and discharge the said principal and interest moneys so due to your orator on the said bond or obligation and deed of mortgage hereinbefore mentioned and set forth; and your orator well hoped that he would have complied with such reasonable requests, and would have paid to him the said principal and interest moneys so as aforesaid due to him on the said bond or obligation and deed of mortgage, as in equity and good conscience he ought to have done. In tender consideration whereof, and for as much as your orator has not a complete and safe remedy in the premises of and by the strict rules of the common law, nor can foreclose the equity of redemp- tion of the said mortgaged premises, or safely sell the same for the payment and satisfaction of the said principal and interest moneys so as aforesaid due to him on said bond and obligation and deed of mort- gage without the aid and decree of this Honorable Court, To the end, therefore, 1. (Prayer for answer.) 2. That the said defendant may be decreed to pay to your orator the said principal sums so due to him on the said bond or obligation and deed of mortgage hereinbefore mentioned and set forth, and all the interest money now due and to grow due thereon, together with all costs and charges in this behalf sustained, by a short day to be appointed by this Honorable Court; and in default thereof that the said defendant and all persons claiming or to claim under him, may be foreclosed of and from all equity of redemption or claim of, in and to the said mortgaged premises, and every part and parcel thereof, with the appurtenances, and may deliver over unto your orator all deeds, demises and writings whatsoever relating to or concerning the same; or that all and singular the said mortgaged premises, with the appurte- nances, may, by the order and decree of this Honorable Court, be sold, and out of the moneys arising out of the sale thereof, your orator may be paid the full amount of the said principal sum of money so due to him on the said bond or obligation and deed of mortgage as aforesaid, and all the interest now due and to grow due thereon, together with all his costs and charges in this behalf sustained. (Add prayers for general relief and for process.) PENNSYLVANIA z^a Form No. 78 FORECLOSURE BILL BY TRUSTEE OF A CORPORATE MORTGAGE SECURING A BOND ISSUE (Title and Commencement.) 1. The said defendant, A. B. Company, is a corporation of the com- monwealth of Pennsylvania, having been incorporated on the 26a The above form, although obtained from the practice of Pennsyl- vania, is available for use in general chancery practice. 62 EQUITY FORMS day of , A. D. 19.., mider the provisions of an act of the General Assembly of the said commonwealth (P. L. 73) entitled "An act to provide for the incorporation and regulation of certain corpora- tions," approved the twenty-ninth day of April, A. D. 1874, for the purpose of (state purposes). 2. In pursuance of the authority conferred by said act, and in accordance with certain resolutions adopted by said corporation, at an annual meeting of the stockholders held , 19. ., the said A. B. Company did issue its bonds for the sum of dollars, that is to say, 100 bonds, to be numbered consecutively from No. 1 to No. 100, inclusive, each for the sum of dollars, payable to or bearer, with coupons for interest attached, said bonds to be dated , 19. ., and payable ......... 19. .. and to bear interest at the rate of per cent per annum, payable semi-annually on the first days of March and September. 3. Said company did further resolve that, to secure the payment of said bonds, the said corporation should make, execute and deliver to plaintiff, as mortgagee in trust, a mortgage of all the corporation's estate, real and personal, rights and franchises for the benefit and security of, and in trust for, the holders of said bonds, to the extent of $ without preference. Said corporation did further re- solve as to the form in which said bonds should be issued, and they authorized the president of said corporation to afllx the corporate seal of said company to each of said bonds, and to sign the same as presi- dent, and the secretary was authorized to attest such execution. And said corporation did further authorize the president thereof, for and on behalf of said company, and as their act and deed, to affix the cor- porate seal to said mortgage (to be duly attested by the said secretary), and duly to acknowledge, deliver and record the same. Plaintiff attaches hereto, as part hereof, a true copy of said corpora- tion preamble and resolutions, in the copy of the mortgage, also hereto attached and marked Exhibit A. 4. In pursuance of the authority hereinbefore recited, and of all and every legal power in them vested, the corporation defendant did make, seal, execute and deliver to divers persons the corporation bonds, for the sum of dollars, in the form prescribed in said resolutions, that is to say 100 bonds, numbered consecutively No. 1 to No. 100, in- clusive, for the sum of dollars each, payable to or bearer, with coupons for interest attached dated , 19 . . , and payable 19 . . , and bearing interest at per cent per annum, payable semi-annually, on the first days of March and Septem- ber, in each year, on delivery of said coupons. 5. The said corporation defendant did further on the day of 19. ., make, seal, execute and deliver to plaintiff, as mort- gagee in trust, a mortgage of all the estate real and personal, rights and franchises of said corporation, for the purpose of securing the pay- ment of the said bonds. A true copy of said mortgage is hereto attached, as part hereof, marked Exhibit A. The plaintiff brings here into court the original mortgage sealed with the seal of said corporation, and executed by its proper officers, whose date is the day and year last aforesaid; and the plaintiff shows BILLS RELATING TO MORTGAGES 63 that said mortgage was duly recorded in the proper office, in county, Pennsylvania, on the day of , A. D. 19 . . , in mortgage book No , etc. 6. The coupon bonds of said corporation, so issued as aforesaid, are now outstanding in the possession and ownership of divers persons, of whom, by the terms of the mortgage, plaintiff is the trustee, and the interest due on said bonds, September 1, 19. ., and March 1, 19. ., has not been paid. 7. Under the provisions of said mortgage it has become the rl^ht of the holders of one-fourth in amount of said bonds at the expiration of 60 days after default in the payment of interest or of the principal when due to request the plaintiff to take possession of all the mort- gaged premises, or to proceed to sell the estate and premises so mortgaged; and exceeding one-fourth of the amount of said bonds, have so requested plaintiff to proceed under said mortgage. A copy of said requests is hereto attached and made part hereof, marked Exhibit B. 8. All the property of said corporation defendant is situate within the limits of this commonwealth, and belongs to said corporation as a domestic corporation, and the principal office of said company is situate within the county of , and the jurisdiction' of this Honorable Court. 9. The plaintiff is advised and believes that a sale should take place of said mortgaged property of every kind, so that the proceeds thereof may be paid to and among the holders of said bonds. The plaintiff therefore prays: 1. That the defendant, the A. B. Company, be required to answer this bill. 2. That it be decreed that the said mortgage is a lien according to its tenor, and that the holders of the bonds thereby are entitled to the benefit thereof. 3. That it be decreed that default in the payment of the interest on all said coupons continued for 60 days after September 1, 19.., and that a public sale of the mortgaged premises, rights and franchises be made by the plaintiff as trustee, in accordance with the terms of said mortgage, and that all the equity of redemption, and other interest of said mortgages in said premises be forever barred. 4. (Prayer for general relief.) RHODE ISLAND 2^ Form No. 79 BILL or FOEECLOSTJEE AGAINST GUAEDIAN OF MINOES (Title and Commencement.) 1. The defendant, E. M. R., as guardian of H. T. R., was by decree of the Municipal Court of said entered on the day of , and by her bond duly filed in said court pursuant to said decree, copies of which decree and bond are hereto annexed respectively "A" and "B" and made a part of this bill, authorized and empowered to improve in manner therein set forth the premises hereinafter de- ar The above form, although obtained from the practice of Rhode Island, la available for use in general chancery practice. 64 EQUITY FORMS scribed and to borrow tie money needed therefor not exceeding the sum of dollars on the terms in said decree mentioned and on security of the premises hereinafter described; and being so author- ized and empowered the defendant, E. M. R., applied to your orators for a loan of dollars for the improvement aforesaid, which your orators consented to make and accordingly began to advance said sums as and when needed for said improvement, and did in fact ad- vance and pay to said E. M. R., as such guardian and on account of such loss, the sum of to-wit dollars. 2. In order to secure the payment of the money so advanced and loaned by your orators with interest as hereinafter mentioned, the defendant, E. M. R., in her own right and as guardian of H. T. R. in pursuance of the authority hereinbefore mentioned did by deed bear- ing date the day of and recorded in the office of the recorder of deeds in said in real estate mortgage book No. at page , which is here ready to be shown by the Court, grant, bargain, sell and convey to your orators. (Here follows description of property and abstract of mortgage.) 3. No interest as such on said loan has ever been paid to your orators or to any person on their behalf according to the terms of said mortgage, and a large amount is stiU due and owing to your orators on said loan and mortgage according to the terms thereof; and your orators aver that said mortgaged estate has been neglected and the improvements thereon left unfinished and that the whole premises have greatly depreciated and are constantly depreciating in value so as to render the security thereon as aforesaid for the money loaned inadequate. 4. Although your orators well hoped that the said defendants would either have paid your orators the said sum of f and the inter- est thereon as and when said deed provided to be paid or have suffered your orators to have peaceably and quietly held and enjoyed the said premises, and for that purpose your orators have frequently applied to the respondents to pay the said sum of | and the interest thereon or else personally to deliver up possession to your orators of the said mortgaged premises together with all deeds, evidences, writ- ings, etc., relating to or concerning the same and to release all their right, title and equity of redemption of in and to the said premises to your orators and their heirs, yet the said E. M. R., well knowing that said premises are a very scanty security for the principal and interest now due to your orators thereon, has refused and still refuses to comply with such request. To the end therefore, that an account may be taken of what is due and owing to your orators for principal and interest imder and by Tirtue of said mortgage deed and that said E. M. R. and said H. T. R. may be decreed to pay and satisfy to your orators what shall appear to be due and owing to them on the taking of the aforesaid account by a short day to be appointed by this Honorable Court together with your orator's costs and in default thereof that the defendants and all per- sons claiming finder them may be absolutely barred and foreclosed of and from all equity of redemption or claims in and to the said mort- gaged premises and every part thereof, or if on any account your orators are not entitled to such foreclosure, then that the said estate BILLS RELATING TO MORTGAGES 65 may be sold and all proper parties may join therein, and that the money so due to your orators may be paid to them by and out of the money which shall be raised by such sale. {Add prayers for general relief and for process.) VERMONT 28 Form No. 80 BILL TO FORECLOSE MORTGAGE (Title and Commencement.) 1. A. B., p£ in the county of on the day of A. D. 19 . . , duly executed to C. D. a mortgage deed of the following described land in in the county of and state of Vermont, viz.: (Here insert description of real estate as it appears in mortgage.) 2. The said mortgage was conditioned for the payment of a certain promissory note in the words and figures following, to-wit: (Here insert copy of note.) which is now justly due and owing, and has not been paid according to the effect of the same. Wherefore your orator prays that the said defendant be decreed to pay to the clerk of this court, for the benefit of the orator the sum due on said notes with interest and costs by a short day to be fixed by the Court, and in default thereof, that the defendant and all per- sons claiming under him be forever foreclosed of all equity of redemp- tion in the premises; that the orator have a writ of possession of the premises; that the orator be further relieved according to equity and good conscience. (Add prayer for process.) RHOBE ISLAND Form No. 80a BILL TO ENJOIN FORECLOSURE OF MORTGAGE (Title, Address and Commencement.) (Description.) 1. That complainant is the owner in fee simple of (Description.) 2. That respondent is the owner and holder of a certain mortgage in the common form on said real estate of $1500, said mortgage being dated March 29, 1909, and recorded in the records of real estate mort- gages in said City of Providence in Mortgage Book No. 286 at page 70, a copy of said mortgage being hereto annexed and made a part hereof. 3. That the interest on said mortgage was paid to respondent in advance up to March 29, 1918, and that none of the conditions of said mortgage deed have been broken. 4. That nevertheless respondent has advertised said premises for sale under and by virtue of the power of sale contained in said mort- gage deed and that said sale is so advertised to take place on Saturday, February 9, 1918, at 12 o'clock noon. 28 The above form is peculiar to the chancery practice of Vermont. 66 EQUITY FORMS 5. That the equitable interest of complainant in said property above said mortgage is of the value of |500, and that if said proposed sale is allowed to be made great and irreparable injury will be done to complainant and he is liable to lose his said property by inability to meet competing bids at said sale. In consideration whereof and for as much as complainant is remedi- less in the premises by the strict rules of the common law and cannot have adequate relief therein save in a court of equity, he prays that respondent be enjoined and restrained from selling, advertising for sale, said premises under and by virtue of the power of sale contained in said mortgage deed until such time as the conditions of such mort- gage deed shall have been broken. And complainant prays for such other and further relief as the nature of the case may require. (Prayer for process and restraining order.) (Verification.) RHODE ISLAND Form No. 80b BILI. TO ENJOIN MOBTGAGOR FBOM DEPLETING SECUBITT (Title, Address and Commencerruent.) First. That said respondent, H. H., was for a long time heretofore and now is the owner of a certain farm or tract of land situated in the town of Johnston on the southerly side of "Winsor Avenue," so- called, known as the "Henry Winsor Place" and is more particularly described as: (Description.) That while the owner of said land as aforesaid said H. H. did on the first day of March, 1896, have made and executed a valid mortgage deed of said property together with a promissory note for the sum of two thousand dollars, for the payment of which said mortgage deed was given as security, to the complainant, W. S., which said mortgage is duly recorded in Mortgage Book No. 58 page -205 of the records of real estate of said town of Johnston. That said mortgage note is unpaid and said mortgage deed is now in full force and effect. Second. That a large portion of said described tract of land is covered with timber and other growing wood some of which is of a size that may be cut and sold for the purpose of being converted into marketable products. That much of said wood is too young and imma- ture to be cut and converted into a marketable timber, and it would cause great loss to said farm if said growing wood should be cut at the present time. Third. That without the knowledge or consent of your complain- ant, "W. S., said H. H. has recently entered into an agreement with said E. W. and said H. "W., or with said E. W. alone, granting them or him the right to go upon said land and cut and carry away all the available growing wood fit to be converted into poles, ties and sawed timber, and leaving that portion which is suitable to be converted into cord wood to be used and sold by said H. H. That acting upon said agree- ment said E. W. and H. W. have recently entered upon said land and BILLS RELATING TO MORTGAGES 67 cut a portion of said growing wood and have carted off tlie same from said land for tlie purpose of selling it, and they are now cutting said growing wood and carting the same away from said land, and although forbidden to further cut or remove said wood they persist in doing so, and threaten to continue to do so. A large portion of said growing wood still remains uncut. Fourth. That the wood growing upon said land constitutes, in a large part, the security which your complainant holds for the payment of his said promissory note, and that such conduct on the part of said respondent in cutting and removing said wood as aforesaid greatly endangers his security. That said H. H. is without other visible prop- erty than said farm or tract of land upon which your complainant can rely for the payment of this said note. And that the said respondents may be severally enjoined by decree from further entering upon said land for the purpose of cutting and removing any of said growing wood, or from cutting and removing any of said wood, and that they may be ordered to account to your com- plainant for all wood so far cut and sold aforesaid; and that your complainant may have such further and other relief in the premises, as the nature of his case shall require, and to your Court shall seem meet. May it please the Court to grant to your complainant not only writs of temporary and permanent injunction to restrain the respondents and each of them, their agents and servants, from further committing waste and destruction upon said premises by cutting down timber or other trees growing thereon, or from removing or otherwise disposing of those which have been already cut until hearing or further order; and also to grant a writ of subpoena to be directed to the said H. H., E. W. and H. W., thereby commanding them and each of them at a certain day and under a certain penalty therein to be inserted; person- ally to be and appear before this Court, and true answer make, but not under oath, which right is hereby waived, and to stand to and abide such order and decree therein as to this Court shall seem meet and to equity and good conscience shall appertain.! (Signature.) (Verification.) 1 The above form, though taken from the equity practice in Rhode Island, Is available for use in general chancery practice. CHAPTER III BILLS TO BELIEVE FROM FOEFEITUEE ILLINOIS 1 Form No. 81 BILL TO BELIEVE FROM FOEFEITUEE OF PUBLIC FEANCHISE (Title and Commencement.) , 1. On the day of , 1911, the defendants commenced an action of ejectment against your orator in the Circuit Court, county of , state of Illinois, returnable at the May term, A. D. 1911, and said cause is now pending for trial at the present term of this court. Said ejectment suit was brought for the purpose of contesting the title and right of possession of your orator in and to certain real estate situated in the county of , state of Illinois, described as follows: {Here give description.) A copy of the declaration filed in said cause is attached hereto, marked "Exhibit A," and made a part hereof. 2. Your orator is now in possession of the real estate described in said declaration and is the legal owner thereof; it acquired title to said real estate under and by virtue of a certain deed of conveyance, bearing date the 30th day of September, A. D. 1908, which said deed was made, executed and delivered by the defendants herein, to your orators herein, fras filed for record in the oflSce of the recorder of deeds in and for county, Illinois, upon said 30th day of September, 1908, and is recorded in book of deeds, page A copy of this said deed is hereto attached and made a part hereof, marked "Exhibit B." 3. The real estate described in said deed, was so purchased by your orator for the purpose of constructing an interurban electric railway between S. and P., and your orator in pursuance of its said purpose, during the fall and winter of 1908 and 1909, expended large sums of money, to- wit: the sum of two hundred thousand dollars (|200,000) in the purchase of right-of-way between said city of S. and P. and in otherwise carrying on the work of constructing said interurban electric railway between said two cities. 4. By reason of the failure of your orator to procure a loan of money, which failure was due to the refusal of the Bank to advance 1 Adapted from bill filed in suit reported as Springfield & North- eastern Traction Co. v. "Warrick, 249 111. 470. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 68 BILLS TO RELIEVE PROM FORFEITURE 69 money after your orator had entered into construction contracts on the faith of a favorable report made by said bank upon your orator's application for said loan, the work of building and constructing and completing the said interurban railway between S. and P. was un- avoidably and necessarily delayed a greater part of the year 1909 and a portion of the year 1910. 5. On the 9th day of May, 1910, your orator entered into a contract with the C. Construction Company by which said construction com- pany obligated itself to complete the construction of said interurban railway on or before the 15th day of July, 1910, but your orator avers that by no default of your orator said construction company was delayed in the completion of the construction of said railway by unavoidable delays in securing the necessary materials for completion of said railway, by unfavorable weather, and by inability to obtain suffi- cient labor; notwithstanding the fact that said construction company exercised the greatest diligence to secure the employment of such labor and necessary materials; and that your orator did all within its power to assist said construction company in the completion of said work. 6. Your orator was further delayed in the completion of said rail- way by the fact that it was unable to secure a franchise over and across the streets of the city of S., although your orator used the utmost diligence and every means within its power to secure said franchise. 7. Long prior to the 30th day of September, 1910, your, orator was operating cars by steam power over and across its said interurban railroad, between the cities of S. and P., for constructing purposes only. From the 30th day of September, 1910, to the 13th day of No- vember, 1910, it, by its authorized employees, expended large sums of money, to-wit, the sum of $200,000, in completing the overhead con- struction of said railroad between the said cities. Long prior to the 30th day of September, 1910, your orator had completed the grading of the roadbed and laying of the ties and rails in and across the lands purchased of the defendants herein. Between the 30th day of Septem- ber, 1910, and the 13th day of November, 1910, your orator expended a large sum of money to complete the overhead construction of said rail- way across said land, to-wit, the sum of $3,000, and the defendants herein, and each of them, had full knowledge of the fact that your orator through its servants, was expending said sum of money and during said time made no objection thereto, but on the contrary ex- pressed themselves as satisfied with the efforts of your orator to com- plete the construction of said road. Your orator further avers that, from and after the first day of December, 1910, your orator was operating said line of railroad be- tween the cities of S. and P., by continuously running trolley cars for the carrying of freight and passengers between two said cities and from thence hitherto has continued' to operate said road. 8. The plaintiffs in said ejectment suit claim in their declaration that on the 14th day of November, 1911, they caused to be served upon your orators herein, a certain notice which claimed that by reason of the alleged failure of your orator to complete and operate the railroad be- tween the cities of P. and S., the land described in the aforesaid deed had reverted back to the plaintiffs in said ejectment suit; and in said declaration it is averred that said notice terminated all the right, title 70 EQUITY FORMS and interest of your orators herein in the premises described in said deed. 9. Your orator avers that it has substantially complied with the provisions of the said deed, although it has failed technically to comply with one of the provisions thereof, in that it was not operating con- tinuously said railroad between the cities of S. and P., within a period of two years from the date of said deed; but your orator avers that any legal title acquired by the defendants herein, by reason of the declaration of the forfeiture as contained in the notice as aforesaid, is wholly technical, and that it is contrary to equity and good con- science that said defendants should be permitted to avail themselves of said title in the ejectment suit now pending. Your orator avers that the provision contained in said deed requir- ing the grantors therein to complete and to continually operate said proposed railroad as to one track, within two years from P. to S., was, in truth and in fact, no part of the consideration thereof; nor was said provision of the essence of said conveyance; that the only purpose of said provision was to insure the good faith of the grantees in said conveyance that said railway would be constructed and completed sub- stantially as is provided for by the terms and provisions of said deed, which your orator avers, to all legal intents and purposes have been fully complied with; and that your orator has since the execution and delivery of said deed, proceeded in the utmost good faith in the con- struction of said electric railway, and has prosecuted the work of con- struction and completion with all reasonable dispatch and promptness. Your orator further avers that the failure upon the part of your orator to have cars rimning continuously between the cities of P. and S. within two years of the date of said deed, has resulted in no dam- age, pecuniary or otherwise, to the defendants herein, and that the efforts upon the part of the defendants herein to declare a forfeiture of the title of your orator in and to the real estate described in said deed is contrary to equity and good conscience. 10. Your orator avers that it will not, in said ejectment suit, be able, under the strict rules of procedure of a common law action, to avail itself in its defense of any of the facts and circumstances herein set forth which constitute a full, complete and adequate defense in equity. Forasmuch, therefore, as your orator is without remedy in the premises, except in a court of equity; and to the end: 1. {Prayer for answer.) 2. That the defendants herein may be restrained by a temporary writ of injunction from the prosecution of said ejectment suit pending the final determination of this cause, and that upon a final hearing of this cause, the Court will, by its decree, make such injunction per- petual, and will, by its decree, confirm the title of your orator in and to the aforesaid real estate under the aforesaid deed of conveyance by setting aside, cancelling and forever annulling the forfeiture declared by the defendants herein. (Add prayers for general relief, for process, and for injunction.) (Verification.) BILLS TO RELIEVE FROM FORFEITURE 71 MAINE' Form No. 82 BILL TO ENJOIN FOBFEITUBE OF HOTEL LEASE (Title and Commencement.) 1. On the twenty-eighth day of August, A. D. 19 . . , one C. M., ol said Augusta, was the owner in fee simple of a certain property in said Augusta, bounded as follows: (Description.) 2. On said 28th day of August, 19.., said C. M. executed and de- livered to this plaintiff a written indenture of lease for the term of ten years from the first day of September, 19 . . , covering Said prop- erty, upon the terms and conditions which are set oiit in full in said lease, a copy of which is hereto annexed and marked "plaintiff's exhibit A," and is made a part of this bill, and the plaintiff avers that said lease was duly recorded in the Kennebec registry of deeds, long prior to the purchase by the defendants hereinafter set forth. 3. On the tenth day of March, 19.., said M., being still the owner of said property, conveyed the same by deed to these defendants, to- gether with all his rights under said lease. 4. After the purchase aforesaid by these defendants, said lease con- tinued in all respects in full force and effect, and by mutual agree- ment said plaintiff continued to occupy said property and to pay rent therefor, and said defendants continued to receive said rent under the terms and conditions of said lease for the further period of two and one-half years, and down to the tenth day of August, 19 . . . 5. By virtue of the conditions of said lease the total rental for said property was to be $1,800 per year in monthly payments, payable on the tenth day of each month, but by mutual consent, during the whole period covered by said lease, both before and after the purchase by these defendants, it had -been the practice to pay, and to accept said rent, at such reasonable time, subsequent to the precise day named in said lease, as might suit the mutual convenience of the parties, said payments having been frequently made and accepted several days or weeks or even months after the precise day on which they were due, and this practice had continued down to the tenth day of August, 19. .. 6. On said tenth day of August, the plaintiff was absent from Augusta on a visit to his family at the seashore, and had arranged to be back in Augusta, and to pay his rent upon said tenth day of August, but by reason of serious sickness in his family, was unable so to do, and had no means of paying said rent until his return, which was upon the twelfth day of August; he thereupon and on that day sent his check as usual in payment of said rent, but said check was refused by the defendants and returned to him unused. On the eleventh day of August, 19 . . , the defendants brought suit against him to oust him from said premises, and to forfeit all his rights under the said lease by action of forcible entry and detainer, duly entered in the Municipal Court of Augusta on the seventh day of September, 19.., and this action is still pending in said Municipal Court, and 2 Based on original bill in equity on equity files of Supreme Judicial Court of Kennebec county, which was sustained by single justice. The above form, although obtained from the practice of Maine, is available for use in general chancery practice. 72 EQUITY FORMS these defendants insist upon the trial of the same on Monday next, being the twenty-first day of September, 19 . . , and further insist, and have given the plaintiff notice, that they will on that day claim posses- sion of all said premises, and deprive the plaintiff of all further rights in his unexpired term under said lease, and on the sole groimd that said monthly installment of rent, du,e on the tenth day of August, was not paid until August twelfth, and the plaintiff avers that this delay in payment was wholly accidental. 7. Said lease still runs four years longer to the first day of Sep- tember, 19. ., and said unexpired term is of great value; and it is well known to the defendants that the large rental paid by the plaintiff under said lease is justified solely on account of the large profits which accrue to the plaintiff during the three legislative months which occur once in two years, and that during the remaining twenty-one months of each two years the income from said property will not pay the actual running expenses. 8. Moreover during the term of said lease, and in compliance with the conditions thereof, in addition to the rent, the plaintiff has ex- pended more than $2,000 upon inside repairs, and more than $1,000 of this sum has been expended during the two years since the defend- ants acquired said property; and the plaintiff avers that he has, in reliance upon said lease, made necessary contracts for extra supplies of coal and provisions of various kinds aggregating over $3,000 on amount of which he has already paid several hundred dollars, which would be forfeited if said contracts were not carried out; and has further engaged at great expense a large force of additional employees necessary for the coming legislative winter, and has made further con- tracts by which he has engaged some twenty-five of his rooms for the coming legislative winter, the revenue from which would be about $12,000 for the legislative session; and- he is receiving additional applications daily for rooms and board which must be accepted at once or the opportunity to engage them be lost. 9. The plaintiff is ready and willing and hereby offers to pay all arrears of rent in full, together with interest thereon, and all costs or. damages, if any, which the defendants have suffered in consequence of the non-payment of any rent on the precise day of its maturity, and to do all other things which this Court may deem equitable in order that the defendants shall suffer no loss by reason of the continuance of said lease. 10. Nevertheless by the provisions of statute applicable to actions of forcible entry and detainer, in case the preliminary decision therein, in said Municipal Court, shall be against the plaintiff, the plaintiff can be at once deprived of all possession under said lease, and of all benefits and profits about to accrue to him thereunder, and will be exposed to great pecuniary loss as the result of the contracts and en- gagements he has already entered into on the faith of the continuance of said lease as hereinbefore set forth, and all this notwithstanding that on appeal from said judgment in said Municipal Court his right to the unexpired term of said lease might be fully sustained by the Court above. Wherefore, inasmuch as the plaintiff is remediless, except in equity, he prays: BILLS TO KELIBVE FROM FORFEITURE 73 1. That the Court -will relieve him from any forfeiture incurred under said lease, on his making good to the defendants any arrears of rent and any costs or damages thereby occasioned, and will there- upon decree said lease to be still in full force and valid and binding upon both the plaintiff and the defendants. 2. That the Court will issue its writs of injunction, both tem- porary and perpetual, against said defendants, and each of them, their servants, agents and attorneys, enjoining theln and each of them from the further prosecution of said action at law now pending, or of any further action for the same cause, or from, directly or indirectly, depriving or seeking to deprive the plaintiff of the full possession and enjoyment of the unexpired term of his said lease until this Court shall have determined the matters herein involved. (Add prayers for general relief, for process, and for injunction.) (Verification.) MARYLAND s Form No. 83 BILL TO ENJOIN FOEFEITURE OF CONDITIONAL SALES AGBEEMENT (Title and Commencement.) 1. Your orator purchased from the defendant, at and for the price of $1,000, a machine under a conditional sales agreement, dated the day of 19. ., by the terms of which agree- ment your orator was to pay $200 upon delivery of the said machine and the balance of $800 in equal monthly instalments as evidenced by eight promissory notes payable January 1st (etc.), a copy of said conditional sales agreement being herewith attached and marked "Exhibit A." 2. Your orator promptly upon delivery of said machine, paid the defendant the sum of $200, and has regularly paid the said promissory notes as they' matured except the last one, so that the defendant has been paid to date the sum of $900, but notwithstanding the regularity of these payments, during the absence from the city of your orator on account of the death of a near relative, the defendant instituted a replevin suit against your orator in the Superior Court of Baltimore city and seized and carried away said machine, although payment of the last note for $100 was in default only five days. 3. By reason of the hasty, unjust and unwarranted action of the defendant, your orator has been deprived of the $900, paid as aforesaid, and of the said machine, and although your orator upon his return to the city on the day of 19.., being the next day after the said replevin process was brought, tendered the defendant the sum of $100, the balance due, the defendant has refused and still refuses to return to your orator either the machine or any part of the $900 paid on account of the purchase money. To the end therefore, 1. That the defendant may be required to either return the said s The above form, although obtained from the practice of Maryfand, is available for use In general chancery practice. 74 EQUITY FORMS machine to your orator upon payment of the balance found to be due by your orator, or to return the money paid therefor less such reasonable sum as the Court may find should be deducted for and on account of the use of said machine by your orator. (Add prayers for general relief and for process.) PENNSYLVANIA * Foim No. 84 BILL TO ENJOIN FOBFEITUSE OF MINING LEASE (Title and Commencement.) 1. Your orator is a Pennsylvania corporation, engaged in the busi- ness of mining, preparing and selling anthracite coal, and is the present lessee in the coal lease hereinafter described. 2. The defendants are the heirs and legal representatives of D. S. and J. M., the original lessors in the said coal lease. 3. By the coal lease aforesaid, which is dated , 19.., and recorded in county deed book No , page , a copy of which is attached to and made a part of this bill, D. S. and wife, of and J. M. and wife, of , leased to C. D., of , all the coal under and upon a tract of land in , afore- said, containing about acres, and fully described in said lease. 4. The interest of C. D., the original lessee, has passed by mesne conveyances and is now vested in your orator, and the interests of D. S. and J. M., the original lessors, have passed to and are now vested in the defendants, who are their heirs and legal representatives. 5. On the day of 19 . ., the defendants served notice upon your orator, declaring said lease forfeited, and command- ing it to cease from exercising any rights, possession or ownership in the leased premises or the improvements thereon, a copy of which notice is attached to and made a part of this bill. 6. The reason for forfeiture alleged by the defendants in said notice is that under said lease there was payable to the lessors on , 19.., the sum of dollars, as minimum rentals, of which dollars was payable to the heirs of D. S., and a like sum to the heirs of J. M., which payment it is alleged your orator failed to make, and which has therefore become due and remains unpaid for the space of ninety (90) days, and that your orator*s failure to pay said amount, under one of the covenants of said lease, is a ground for forfeiture. 7. Your orator did tender to the defendant, on the day of , 19. ., the sum of dollars, of which dollars were tendered to the heirs of D. S. and a like amount to the heirs of J. M. These tenders were made by the regular vouchers of your orator in the same way that it had always theretofore made payments of the minimum rentals. These vouchers were not accepted by defendants, and were returned to your orator by them because, as it was alleged, they were not drawn for the proper amounts. Subsequently your * The above form, although obtained from the practice of Pennsyl- vania, is available for use in general chancery practice. BILLS TO RELIEVE FROM FORFEITURE 75 orator tendered unconditionally to the defendants, except M. L. and L. Y., who evaded the agents of your orator, deputed to make a legal tender to them, the amounts respectively due to each, in United States notes made legal tender by the Act of Congress approved February 25, 1862, and subsidiary silver coins in denominations smaller than one dollar in amounts not exceeding ten dollars, and minor coins of the United States, in amounts not exceeding twenty-five cents, but said tenders were refused by said defendants solely because it was claimed they were not for the proper amounts. Your orator thereupon de- posited the amounts so tendered in the bank at and notified said defendants that said amounts were there on deposit, and would remain there subject to their demand; and said amounts have remained on deposit in the said bank and still remain there subject to the demand of the said defendants. 8. The payment thus tendered by your orator was the full amount due under the terms of said lease. 9. Your orator has paid or offered to pay to the defendants all the royalties and moneys due them under the terms of said lease, and has kept and performed all the agreements, covenants and conditions of said lease by the lessee to be kept and performed, and there is no default on the part of your orator, or failure to observe the agree- ments, covenants and conditions of said lease that gives the defendants the right to forfeit the same. 10. If the lease were forfeited and your orator deprived of the possession of the leased premises and the improvements put by your orator thereon, or prevented from carrying on its mining operations as threatened by said defendants, your orator will suffer irreparable damage thereby. Wherefore, your orator needs equitable relief and prays: First. That an injunction may issue, preliminary until final hear- ing, and thereafter perpetual, restraining the defendants from enforc- ing the forfeiture of said lease declared by them; and Second. Restraining the defendants from entering into possession of the demised premises, or interfering in any way with your orator's mining operations thereon. (Add prayer for general relief.) iVertfication.) CHAPTER IV BILLS FOR SPECIFIC PERFORMANCE OF CONTRACTS DELAWABE ^ Form No. 85 BILL BY VENDEE OF BEAL ESTATE (Title end Commencement.) 1. On the day of 19. ., G. W. P., the defendant in this cause, was seized in fee simple of a certain farm or tract of land ( description ) . 2. The complainant, at the request of the said defendant, and a short time before the day of 19.., entered into negotiations with the said defendant for the purchase of said farm, on which last named date the said defendant made an agreement in writing with the complainant, as follows: (Here insert defendant's written agreement to sell.) 3. Said agreement was accepted hy the complainant and the com- plainant at once proceeded to arrange for the purchase of said property in accordance with said terms, and early in February notified said defendant that he was ready to comply therewith; said defendant delayed acting and afterwards expressed a desire that the whole pur- chase price should be paid in cash; and further delay was thereby caused in carrying out the contract which the complainant has at all times been anxious and ready to have fulfilled. 4. Not having succeeded in getting said defendant to carry out the terms of his agreement with the complainant, on the day of , 19. ., the complainant tendered to said defendant the sum of dollars in legal tender of the United States of America, and also a deed drawn to convey in fee said property to complainant, upon the proper execution and delivery of which your complainant offered to pay said sum of money to the defendant and to execute to him a mortgage upon said premises to secure the sum of dollars in accordance with the aforesaid agreement of sale, which mortgage would be drawn upon such terms, in addition to those specified in said agreement, as would be satisfactory to said defendant, but said defend- ant declined to execute said deed; upon said last named date said com- plainant also tendered to said defendant the sum of dollars, legal tender money as aforesaid, and also a deed upon the execution and delivery of which to said complainant, the said complainant offered 1 The above form, although obtained from the practice of Delaware, Is available for use In general chancery practice. 76 SPECIFIC PERFORMANCE OF CONTRACTS 77 to pay said sum of money to said defendant, but said defendant still refused to execute said deed or to carry out the terms of his aforesaid agreement. 5. Tlie complainant is advised and believes, that the said defendant has entered into an agreement for the sale of said property to one D. C, of , and is about to make conveyance of said property to said C. and will do so unless prevented by the intervention of this Honorable Court, to the great detriment and loss of the complainant. The complainant prays, as follows: 1. (Prayer for answer.) 2. That the said G. W. P., his agents and attorneys may be re- strained by the injunction of this Honorable Court from selling, con- veying, mortgaging, or otherwise encumbering the premises referred to and described in the foregoing bill of complaint, to any person or persons, until the further order of the Court in the premises; and also that a preliminary injunction may issue to restrain the said G. W. P., his agents and attorneys, in like manner, until the further order of the Chancellor. 3. That the said G. W. P. may be ordered and decreed by this Honorable Court to specifically perform his aforesaid contract with the complainant, and to make, execute and deliver to the complainant a good and authentic deed of conveyance of the aforesaid premises in fee simple. (Add prayers for general relief and for process.) (Verification.) ILLINOIS 2 Form No. 86 BILL BY VENDEE OF BEAL ESTATE (Title and Commencement.) 1. The defendant, S. A. F., being seized in fee simple of the follow- ing described property (legal description), on the 13th day of Sep- tember, 19 . . , entered into a written contract, selling your orator said described real estate for the sum of $5,000. Said S. A. F. received the sum of $200 as earnest money, and there was a balance due her under said contract of $4,800. The said $4,800 was to be paid to the said S. A. F. by your orator on the delivery to him of a good and sufiBcient warranty deed of conveyance for the said real estate, within sixty days from the date of the said contract, after the title had been examined and found good. A copy of the said contract is hereto attached, marked exhibit "A," and made a part of this bill of complaint. The said contract was recorded in the Recorder's office of Cook county, on the 25th day of September, 19. ., in book of records, on page , as document 2. On the 8th day of November, 19. ., and again on the 12th day of November, 19.., one W. W. B., the duly authorized agent of your 2 The bill in this case is adapted from the original in Emmerson v. Flemming, 246 111. 353. . ^ . .,. ... ^ t„. • . The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 78 EQUITY POEMS orator as the defendant well knew, called at the J. J. school of which the defendant is principal, and as your orator's agent on each of said occasions made a tender to said S. A. F. in the sum of |4,800 legal tender of the United States of America, as the balance due her under said contract, and then and there demanded the fulfillment on her part of the same. The said W. W. B. on each of said occasions offered to said S. A. F. a warranty deed prepared by him, which was in all particulars in accordance with the conditions of said agreement, excepting the execu- tion thereof; on each of said occasions he asked the said F. to sign and execute the same; and he had with him a Notary Public and Informed her the said F., that he would take her acknowledgment of said war- ranty deed; but on each of said occasions said S. A. F. refused to count said money, to sign and execute said deed, or to carry out the conditions and agreements of said contract which were on her part to be performed. The said agent on each of said occasions informed the said F. that he would deposit the said money so tendered and keep the said tender good, in the N. T. Co. bank in Chicago, and that he would leave the said deed with the said bank with instructions to pay to the said S. A. F. the sum of $4,800 aforesaid, when she should call for the same and leave with the said bank the warranty deed as provided for under said contract, or sign and execute the one which had been pre- sented to her for such signature and execution. 3. On three other occasions, to-wit, on November 11, 19 . . , November 12, 19. ., and November 13, 19. ., said agent made attempts to see said defendant, by calling at her place of residence, but he was unable to gain admission to said residence and was informed that he could not see the said F. 4. On the eighth day of November, 19. ., your orator deposited with the said N. T. Co. bank, of Chicago, the sum of $5,000 in treasury notes of the United States of America, with the deed aforesaid, with instruc- tions to said bank to pay the sum of said S. A. F. upon demand by her, providing that the said S. A. F. signed and executed said deed or delivered a warranty deed as provided for under said con- tract; and the said money and deed have been at said bank at all times since the sam;e were left there as aforesaid, until the time of filing this bill; and the said amount Is by your orator brought into court herewith, to abide the order of this court. 5. Said property is Improved with a two-story frame house and one-story cottage, and the rental value thereof Is $40 a month; and your orator avers that he has been deprived of said rents and profits by reason of the failure and default as aforesaid on the part of said F. Forasmuch, therefore, as your orator Is without remedy in the premises, except in a court of equity, and to the end: 1. (Prayer for process.) 2. That upon hearing hereof, the said defendant may be directed to convey to your orator by a good and sufficient warranty deed as provided in said contract the real estate described therein, and that in default thereof, this Court may appoint some person to make the con- veyance thereof to your orator, according to the intention and condi- tions of said contract. SPECIFIC PERFORMANCE OP CONTRACTS 79 3. That said S. A. F. may be decreed to perform specifically the said contract and be restrained from incumbering, conveying or leasing the said real estate or any part thereof. 4. That an accounting may be had between your orator and the said S. A. F., under the direction of this court, as to the damages sustained by your orator by reason of the default on the part of the said defendant as heretofore set forth. 5. That a receiver may be appointed pendente lite to take charge and possession of said premises, and to collect the rents and profits thereof, with full powers of receivers in like cases. (Add prayers for general relief, for process, and for injunction.) (Verification.) MAINE 3 Form No. 87 (a) BILL BY VENDOR OE VENDEE OF REAL ESTATE (Title and Commencement.) 1. The defendant by his agreement in writing, signed by him and dated the day of , 19 . . , a copy of which marked "Exhibit A," is hereto annexed and made a part of this bill, agreed to sell and convey to the plaintiff (or to purchase of the plaintiff, a* the case may 6e) for the sum of dollars, a certain parcel of real estate, situated in in the county of and state of and bounded and described as follows: (Here give description.) 2. The plaintiff has always been and is now ready and able to per- form said agreement and has offered and hereby offers to perform said agreement on his part, fully and specifically in accordance with its terms. 3. The plaintiff has requested the defendant to perform the said agreement specifically on his part, but the defendant has failed and refused and still refuses to do so. Wherefore the plaintiff prays: 1. That it may be ordered and decreed that the . defendant shall specifically perform said agreement in accordance with the terms thereof. (Add prayers for general relief and for process.) Form No. 88 (b) BILL BY VENDEE AGAINST VENDOR AND PURCHASER FROM VENDOR * (Title and Commencement.) 1. The defendant, A. M., by his agreement In writing by him signed and dated the first day of May, 19. ., a copy of which marked "Exhibit A" is hereto annexed and made a part of this bill, agreed to sell to the plaintiff for the sum of dollars a certain lot of land situated 3 The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. * The substance of the above form is taken from White v. Mooers, 86 Me. 62. 80 ' EQUITY FORMS in in the county of and state of , bounded and described as follows: {here insert description), and in part pay- ment of said purchase price, the plaintiff on said first day of May, paid the defendant the sum of $25 as appears by the defendant's receipt therefor contained in said contract. 2. On the fifth day of May following, the plaintiff tendered to the defendant, A. M., the balance of dollars due under the terms of said contract and demanded a deed of said premises from him, but said defendant refused to make and deliver such deed, and on the fifteenth day of May following, sold and conveyed the said land to the defendant, G. H., who well knew of the said agreement and the part payment of the plaintiff thereon. Wherefore the plaintiff prays: 1. That in purchasing said lot of land, said 6. H. may be adjudged and decreed a trustee for him, the said plaintiff, and as now holding said lot in trust for him, the said plaintiff. 2. That the said defendants may be ordered to convey said lot to the plaintiff, upon payment of said unpaid balance of said purchase money, which said balance the said plaintiff now in court offers to pay. (Add prayers for general relief and for process.) MARYLAND s Form No. 89 BILL BY VENDEE OF EEAL ESTATE AFTEE PAET FEBFOBMANCE (Title and Commencement.) 1. On or about the day of 19. ., a certain C. D., of Baltimore county, being seized and possessed of a tract of land in said county, called Midsummer, containing two hundred acres of land, agreed with your orator in writing to sell unto him the aforesaid land for the sum of dollars, whereof the sum of dollars was to be paid on the delivery of possession of said premises to your orator, and the residue thereof to be paid in three equal annual instal- ments, with interest on each instalment from the day and year afore- said; and your orator files herewith, as part hereof, the said agree- ment in writing, signed and sealed by the said C. D. and your orator, marked "Exhibit A." 2. Your orator, upon delivery to him of possession of said premises, paid to the said C. D., in pursuance of said agreement, the aforesaid sum of dollars, and has since paid to him the first and second instalments of the said purchase money, with the interest thereon, according to the terms of the aforesaid agreement, as will appear by the receipts therefor, signed by the said C. D., herewith filed as part hereof, and marked respectively "Exhibits fe, C and D." 3. The third and last instalment of said purchase money is now due, and your orator has duly tendered to the said C. D. the amount thereof, with interest due thereon according to the terms of said 5 The above form, although obtained from the practice of Mary- land, is available for use in general chancery practice. SPECIFIC PERFORMANCE OF CONTRACTS 81 agreement, and is ready and willing to pay the same, but the said C. D. refuses to receive it. 4. Your orator has performed all the requirements of said agree- ment on his part to be performed, but the said C. D. refuses to make a conveyance of the said property to your orator as he rightfully ought to do To the end, therefore, (1) That the said agreement may be specifically enforced, and that the said C. D. may be decreed to convey unto your orator the afore- said premises in accordance therewith, upon payment of the balance of the purchase money still due and owing by your orator. (Add prayer for general relief and prayer for process.) MASSACHUSETTS « Form N9. 90 BILL BY VENDOR OF REAL ESTATE AFTER PART PERFORMANCE (Title and Commencement.) 1. At the date of the agreement hereinafter mentioned, your orator was the owner in fee of a certain parcel of land in said Boston, (here insert description). 2. On the 14th day of October, 19 . . , your orator entered into an agreement with the defendant by which said defendant agreed to pur- chase, and your orator agreed to sell said lots of land for the sum of dollars (being at the rate of dollars per square foot) with interest at the rate of six per cent per annum, from November 1st, 19 . . , to the delivery of the deed ; the deed to be delivered on the first day of December, 19 . . , or as much earlier as said defendant would pay the price of the land and repay the advances made by your said orator, as in said agreement afterwards provided. It was in said agreement provided that said defendant should build nine brick dwelling houses on said land, at his own cost, each house exclusive of the land, to cost dollars and all to be ready for occupancy on the first day of December, 19 . . ; that your said orator should advance the sum of dollars each on said houses as they progressed and should convey to said defendant any one or more of the nine lots into which said land was to be divided on his paying your said orator the proportionate price therefor and repaying your said orator the advances made by him on the lots so deeded with interest. The said defendant in said agreement covenanted and agreed to pay to your said orator said purchase money for said land with in- terest, and all moneys paid and advanced by your said orator under the contract on or before said first day of December, A. D. 19 . . . 6 The above form, although obtained from the practice of Massa- chusetts, is available for use in general chancery practice. See also Clark v. Flint, 22 Pick. 231, for precedent of bill for specific performance of contract to convey half a ship; Todd v. Taft, 17 All. 371, agreement to transfer shares of a corporation; Holt v. Silver, 169 Mass. 435, contract for publication of music books; Union Mut. Life Ins. Co. V. Ins. Co., 2 Curtis 524, agreement to make policy of insurance. 82 EQUITY FORMS Said agreement is recorded with Suffolk deeds, lib tol. , and a copy thereof is hereto annexed and made a part of this bill, and marked "Exhibit A." 3. At the request of said defendant, soon after the date of said agreement, namely on or about the first day of December, 19.., your orator consented to extend the time for building three of the said houses and for paying the price of the land, to be conveyed by the same for a reasonable time after the first day of December, 19 . . , the time for making the advances to be made by your orator upon said three houses, namely one-third of the whole advance, being proportionately extended. 4. Said defendant has built five of the said nine houses and h^s received deeds of the land covered by the same, and has paid the proportionate part of the purchase money for the same, and has repaid the advances made by your orator upon the same. 5. A reasonable time since said first day of December, 19.., has long since elapsed. And your orator stands ready and has repeatedly offered to said defendant to complete the contract, and to make the advances agreed upon if the said defendant will go on and build the four remaining houses and to convey to said defendant the land still held by your orator, to-wit, {giving description) , or any one of the four lots into which it was to be divided, so soon as said defendant shall have built thereon according to his agreement and shall pay a propor- tionate part of the purchase money with interest, and repay the ad- vances made thereon with interest as agreed by him. 6. Your orator has also offered and still stands ready to convey said land without its being built upon by said defendant if he will pay the agreed price of dollars per square foot. But the defendant refuses either to build (your orator advancing the moneys agreed upon) or to take the land without building at the price of dollars per square foot. To the end, therefore, that the said defendant may answer the premises (your orator waiving hereby an answer under oath) as fully and particularly as though specially interrogated as to each fact herein alleged; And that the said defendant may be compelled by decree of this Honorable Court specifically to perform the said agreement with your orator, and to pay to your orator the remainder of the said purchase money, with interest for the same from the time the said purchase money ought to have been paid. (Add prayers for general relief and for process.) MICHIGAN T Form No. 91 BILL BY VENDEE OF SEAL ESTATE (Title and Commencement.) 1. Heretofore on or about the day of A. D. 19. ., your orator and one J. B. made and entered into a certain agreement in 7 The above form, although obtained from the practice of Michigan, is available for use in general chancery practice. SPECIFIC PERFORMANCE OF CONTRACTS 83 writing, and therein and thereby the said J. B. agreed to sell and convey to your orator, and your orator agreed to purchase from the said J. B. {desicrihe property and terms and conditions of the agree- ment in full), as in and by said agreement in writing, a duplicate of which is in possession of your orator ready to be produced and proved, and whereto reference is prayed, will fully appear. 2. Your orator has always been and still is ready and willing, and has offered and now offers, fully and specifically to perform the said agreement on his part, and has heretofore tendered and offered the full amount of the purchase money to be paid by him to the said J. B. by the terms of the said agreement in lawful money of the United States unto the said J. B. 3. Your orator on such tender and offer had heretofore offered and requested the said J. B. to perform his part of the said agreement, and convey and deliver the said property hereinbefore described as (descriie property) to your orator in pursuance of the terms thereof, but the said J. B. although well able to perform his part of the said agreement and to convey and deliver the said property (descrihe property) to your orator, has hitherto refused and does still refuse on divers frivolous pretexts so to do, and your orator asks leave to bring unto the court here the full amount of the said purchase money being the sum of dollars, and to deposit the same with the Register of the court, to be paid to the said J. B. on his performance of his part of the said agreement. Your orator therefore prays: I. {Prayer for answer.) II. And that the said J. B. be decreed specifically to perform the said agreement on his part, and to convey to your orator the said property described as (de'cribe property) in due form of law, your orator being ready and willing and hereby offering to perform the said contract in full and specifically on his part. (Add prayer for general relief.) NEW HAMPSHIRE » Form No. 92 BILL FOR SPECIFIC PEEFOEMANCE OF ORAL AGREEMENT WHERE THERE HAS BEEN PART PERFORMANCE (Title and Commencement.) 1. On the day of 19 . ., an agreement was made orally between the plaintiff and said defendant that the plaintiff should convey by warranty deed to said defendant, and receive from him a deed conveying a life estate in the following described tract of land: (Here insert description of premises.) 2. Relying upon the defendant's promise that he would make a con- veyance to her in accordance with the terms of the contract, said contract was on the fourteenth day of November, 19. ., partly executed and performed by the plaintiff, by the execution and delivery on the plaintiff's part of a warranty deed to said defendant, and the acceptance of the same by the latter, and the plaintiff avers that a deed con- 8 The above form, although obtained from the practice of New Hampshire, is available for use in general chancery practice. 84 EQUITY FORMS veying a life estate in said premises was drawn according to the terms of said agreement and the defendant was requested by the plaintiff to execute the same, but the defendant then and ever since has neglected and refused to execute the same and has never made to the plaintiff any conveyance as he promised and agreed. 3. Said defendant has substantially no other property. Wherefore the plaintiff prays that the defendant may be restrained by the order and injunction of said court from disposing of or in any way incumbering said described real estate or any part thereof; that a specific performance of said agreement may be decreed, and the defendant ordered to execute to the plaintiff a good and sufficient deed of the premises aforesaid, or that the said deed to the defendant may be decreed to be null and void and the defendant be ordered to deliver up the same to the plaintiff to be cancelled; and for such other relief as may be just. NEW JERSEY 9 Form No. 93 BILL BY VENDOR WHO HAS EXPENDED MONEY ON THE EEAL ESTATE (Title and Commencement.) 1. On or before the day of 19. ., the plaintiff was seized and possessed in fee simple (describe the real estate). 2. On said day of , 19. ., the plaintiff entered into an agreement in writing, a true copy of which is hereunto annexed and made a part hereof, with one I. R. B., of , whereby he agreed to convey to the said I. R. B. on or before the day of 19. ., the above described lands, and to pay the said I. R. B. the sum of dollars on or before the day of 19 . ., and in return for the said conveyance and the payment of the said sum, the said I. R. B. thereupon agreed to convey to the plaintiff in fee simple by deed of warranty free from all encumbrance (describe real estate) . 3. In pursuance of said articles of agreement and in compliance therewith, the said I. R. B., on or about the day of 19.., did grant, bargain, sell and convey to the plaintiff by deed of warranty, free from all encumbrances, the lands last above described. 4. Through the failure and neglect of the said I. R. B. to faithfully and punctually observe the conditions of the said articles of agree- ment and to fulfill the same, according to the true intent and meaning thereof, and so as to preserve unto the plaintiff and protect the title of the said real estate so to be conveyed to the plaintiff, he was obliged to expend divers sums of money for taxes, interest and costs, which had accrued against the same, and which the said I. R. B. ought legally and equitably to have sustained, in all the sum of dollars. 5. On or before the day of 19. ., on which day it was stipulated in the said articles of agreement that the plaintiff should pay to the said I. R. B. the sum of , the plaintiff dis- 9 The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. SPECIFIC PERFORMANCE OF CONTRACTS 85 covered that there was in existence a mortgage covering the lands so to be conveyed to him, held by one C. A. D., for the sum of dollars, for the foreclosure of which mortgage a bill had been filed in this honorable court by the said C. A. D., and the plaintiff for his own protection and at the special request and instance of the said I. R. B. did on or about the day of , 19. ., pay over for the use of said I. R. B. to said C. A. D. the sum of dollars. 6. By the delinquency of the said I. R. B. in respect of the payment of the said taxes and the said sum due the said C. A, D., the plaintiff was obliged to pay more than the dollars which he agreed to pay on the day of by the said articles of agreement. 7. The plaintiff caused a deed of conveyance to be prepared for the lands hereinbefore described owned by him, containing full covenants of warranty, and being made to said I. R. B. as grantee therein, which deed he together with his wife did on the day of 19.., duly execute and acknowledge; the said deed was duly tendered the said I. R. B. on or about the day of , 19. ., by one W. W., acting as the agent of the plaintiff, but the said I. R. B. absolutely refused to accept the said deed. 8. Although by the terms of said articles of agreement, said I. R. B. did covenant to pay the taxes on the real estate of the plaintiff afore- said, first above described, from and after the date of the aforesaid articles of agreement, to-wit, from the day of 19 . . , yet she has wholjy neglected and refused so to do. 9. Although repeatedly requested so to do, the said I. R. B. has refused to accept the plaintiff's conveyance of his real estate first above described. 10. The plaintiff has in all respects performed all the conditions, terms and undertakings contained on his part to be performed and complied with. To the end therefore: 1. {Prayer for answer.) 2. That she may be decreed by this Honorable Court to specifically perform in full the undertakings and covenants by her assumed in the said articles of agreement, and may be decreed by this Court either to pay to the plaintiff or to the proper municipal authorities of the township of M the taxes which have accrued upon the real estate of the plaintiff there situated as aforesaid which became liens thereon since the date of said articles of agreement, to-wit , 19..; 3. That she may be compelled by the decree of this Honorable Court to accept from the plaintiff the deed of conveyance already tendered to her as aforesaid; 4. That an account may be taken of what is due the plaintiff for moneys expended by him for the use of the said I. R. B. at her instance and request or in order that his title to the property so conveyed to him by the said I. R. B. as aforesaid, might be saved and preserved in such condition as contemplated by the said articles of agreement and of all expenditures made by the plaintiff to render the same safe and secure, which were necessitated by the failure of the said I. R. B. to fulfill her undertakings in the said articles of agreement on her part 86 EQUITY FORMS to be performed; and that she may be decreed by this Honorable Court to pay over to the plaintiff all moneys so found to be due to him upon such an accounting. (Add prayers for general relief and for process.) PENNSYLVANIA ^ Form No. 94 BILL BY VENDEE OF REAL ESTATE (Title and Commencement.) 1. On the day of A. D. 19.., C. D., the above named defendant, of , was seized in fee simple of the following described real estate, viz.: (Description) and being so seized thereof, on the day and date aforesaid, entered into a written agreement with your orator for a sale to him of the above described premises, which said agreement was signed by the said C. D. and your orator, a true and correct copy of which is hereto annexed, marked Exhibit A and made part hereof. By the terms thereof the said C. D. for himself, his heirs, executors, administrators or assigns, undertook and bound himself for the consideration therein mentioned to convey to your orator, his heirs or assigns, in fee simple, by good and sufficient deed and assurance in the law, the premises above mentioned by marketable title and free of all incumbrances. 2. Your orator has always been ready and willing to comply with the terms of said agreement on his part to be performed and on the day of , A. D. 19. ., being the day as fixed by the above mentioned agreement for the delivery of the deed to your orator for the above described premises by the defendant, your orator ten- dered to said defendant the sum of dollars, the consideration named in the above mentioned agreement, and demanded from him a valid deed for the aforesaid premises, as by his said agreement he was bound to deliver; yet the said defendant, C. D., would not accept said money and then and there refused to take the same or to make and deliver a deed for said premises. 3. The property which the defendant thus agreed to convey, is peculiarly desirable; the plaintiff purchased the same for a certain purpose and cannot get other property which will fulfill such purpose, and your orator charges that no damages at law can adequately com- pensate him for the defendant's breach of said contract and that he is entitled to have specific performance thereof. Wherefore your orator needs equitable relief and he prays: First. That pending this bill the said C. D. be specially, and on final hearing that the said C. D. be perpetually, enjoined from mort- gaging or encumbering said property in any way, and from selling or conveying the same or any part thereof to any person other than your orator. Second. That the said C. D. specifically perform the said contract, and that by good and sufficient deed said C. D. convey and assure said premises and every part thereof with marketable title and free of all 10 The above form, although obtained from the practice of Pennsyl- vania, is available for use in general chancery practice. SPECIFIC PERFORMANCE OF CONTRACTS 87 encumbrances to your orator in fee simple, that the said C. D. legally sign, seal, acknowledge, and deliver said deed to your orator in proper legal form, and that he accept the consideration thereof in the cash which your orator now offers. (Add prayer for general relief.) (Yerification.) RHODE ISLAND ^^ Form No. 95 BILL BY VENDEE OF REAL ESTATE (Title and Commencement.) 1. J. J. C, late of the city of Providence, deceased, was in his life time, seized in his demesne as of fee, of a certain lot of land in the city of Providence, bounded and described as follows: (Here insert description.) 2. Said J. J. C. being so seized, deceased on the day of , leaving a last will and testament bearing date the day of which said last will and testament was by the decree of the Municipal Court entered on the day of approved, allowed and established as the last will and testament of the said J. J. C. 3. By the decree of this Honorable Court sitting in Providence county, entered on the day of in a suit in equity for partition numbered wherein A. S. A. et al. were com- plainants and G. L. C. et al. were defendants, said hereinbefore bounded and described lot of land, together with other land was set off to your orators as their two-ninths parts of the estate of said J. J. C, in accordance with the provisions of the will of the said J. J. C. 4. On the seventh day of , the defendant agreed with the complainant to purchase the aforesaid lot of land and a memorandum of such agreement was reduced to writing and duly signed by said defendant, which said memorandum was in the words and figures, and to the purport and effect following: (Here insert the memorandum.) 5. The complainants have frequently applied to the defendant and requested him to perform the said agreement, but he has refused or neglected so to do. The complainant prays as follows: 1. That the defendant may be decreed specifically to perform the said agreement upon his part; and that for the purposes aforesaid all proper directions may be given, and inquiries made. (Add prayers for general relief and for process.) 11 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery .practice. 88 EQUITY FORMS MASSACHUSETTS ' Form No. 95a BILL FOE SPECIFIC PEEFORMANCE OF A COVENANT IN A SUB-LESSEE'S LEASE {Title, Address and Commencement.) And your petitioners say: 1. That on or about January 30, 1911, they executed an indenture of lease with the respondents, E. T. Co., lessees of the entire building, a copy of which is hereto annexed marked A, by which they leased of said respondent from February 1, 1911, for eleven months the premises numbered 78 Summer Street, in said Boston, for a store. 2. That they are the present occupants of said premises and have been since February 1, 1911, and that they have kept and performed all the covenants in said lease on their part to be performed. 3. That by the terms of said lease your petitioners "are to have the privilege of renewing this lease for a term of three years more pro- vided the E. T. Co. renews their lease that length of time." 4. That the E. T. Co. on or about January 1, 1912, renewed their lease of said Building for a period of three years or more. 5. That previous to the renewal of their lease by the B. T. Co., and subsequent thereto, both orally and in writing your petitioners notified the said E. T. Co. of their desire to take advantage of the privilege extended them of renewing their said lease and on various occasions have demanded of said E. T. Co. a new lease for said period, or some writing from said Co. granting them a renewal for said term, but with- out result. 6. That the time of executing said indenture of lease the store leased your petitioners was piped for steam heating, that the E. T. Co. as provided in their lease up to recently furnished your petitioners with steam heat for said piping from a heating plant operated by it in said Building. 7. That in utter disregard to the implied covenants in their lease to furnish said steam heating and to your petitioners* right in the prem- ises the said E. T. Co. and the B. H., Inc., their assigns, have discon- tinued said heating plant and that, although frequently demanded to do so, have refused to furnish your petitioners any heat in said premises. 8. And your petitioners have reason to believe and therefor aver that the respondent F. R. B. Trustee, lessor to the E. T. Co. and said B. H. Inc., successors and assigns of said E. T. Co., are contemplating making extensive alterations in said Building and to do so are conspiring to- gether and have entered into an agreement by which the said respond- ent Bangs is to cancel and forfeit the lease of said E. T. Co. of said Building, in order to secure the unlawful eviction from said Building of your petitioners and dispossess them. Wherefore having no adequate remedy at law your petitioners pray that an injunction issue against said respondents, their agents, serv- 1 Taken from Albiani v. Evening Traveler Co. Superior Court, Suffolk Co., Mass. Eq., No. 806. SPECIFIC PERFORMANCE OF CONTRACTS 89 ants, attorneys and assigns, restraining them from In any manner inter- fering with the possession in said premises of your petitioners. That the renewal lease from the E. T. Co. to your petitioners be allowed and specific performance of the renewal agreement in said lease be decreed. That said respondents be enjoined from discontinuing proper heating service for said premises and for such other relief as this Honorable Court may deem proper in the premises and for damages and costs. (Signature.) Form No. 95b BrLL FOR SPECIFIC PERFORMANCE OF CONTRACT FOR SALE REAIi AND PERSONAL PROPERTY WHERE COMPLAINANT WAS HIMSELF NOT READY TO PERFORM AT AGREED TIME (Title and Address.) The Complainant residing at No Street, Newark, New Jersey, respectfully shows: 1. On October 14, 1916, of the City of as party of the first part, entered into a contract in writing with complainant, as party of the second party, whereby the said party of the first part in consideration of One Dollar paid, and the conveyance by the party of the first part of the premises in said agreement secondly described, agreed to sell and convey to the party of the second part, the following real and personal property. Viz: (Describe property.) 2. Complainant in consideration of One Dollar paid and the convey- ance by said party of the first part, as aforesaid, agreed to sell and con- vey to defendant, real estate located (describe property.) 3. It was also agreed that the difference in value of the respective premises over and above encumbrances, should be decreed to be $1250 in favor of the party of the first part, and payable in cash on the closing of title. 4. It was also agreed that each of the parties should convey his re- spective premises by a proper statutory deed with usual full covenants and warranty, and that said deeds should be duly executed, acknowl- edged, delivered and exchanged at the oflice of at 2 P. M., on November 1, 1916. A true copy of said agreement is annexed hereto and made part hereof, marked SCHEDULE "A". 5. Prior to 2 P. M., on November 1, 1916, the defendant received notice that complainant would be unable to close title at the appointed hour, and at the last mentioned time, complainant requested that the closing be adjourned until the following day, or at any other time, agree- able to defendants. Defendant, however, then refused to fix any other time, and, therefore, and on divers other occasions, neglected and re- fused to .fix any other time, although upon the following day, complain- ant was ready to close said title, and requested defendant to do so, and complainant has always been ready and willing to perform said agree- ment in accordance with the terms thereof, of which said readiness and willingness defendants have been fully apprised. 6. Complainant is ready and willing and has always been ready and 90 EQUITY FORMS willing to consummate said agreement. Defendant was in nowise preju- diced by the inability of complainant to close said title on November 1, 1916, at 2 P. M. and time was not of the essence of said agreement. 7. On November 6, 1916, said agreement was duly recorded in the Office of the Register of the County of Essex. 8. No other conveyance or assignment of any interest in the premises agreed to be conveyed by the party of the second part has been made. 9. Defendants refuse to perform or carry out said agreement and complainant is entitled to have the same performed, and is entitled to specific performance of the same. 10. Complainant is without adequate remedy in the law, and, there- fore, prays: 1. That may answer this bill of complainant, without oath, and each statement therein made; that the said defendant may be ordered and directed by the decree of this Honorable Court to convey by deed of Warranty the lands and personal property in said contract of sale and hereinabove described, as by the said contract of sale agreed, upon the delivery by complainant of a deed of warranty for the lands in said contract of sale, and hereinabove described, by the complainant agreed to be conveyed. 2. That in case defendant is unable to convey the personal property in said agreement set forth, he may be decreed to pay to complainant the value thereof, and that this Honorable Court may assess complain- ant's damages in that respect. 3. That the complainant may have such other and further relief in the premises as the nature of the case may require, and as shall be agreeable to equity and good conscience. 4. That a writ of subpoena may issue commanding said defendant to answer this bill of complaint and to abide by such decree as this Court may make in the premises. (Signature.) MASSACHUSETTS Form No. 95c BILL TO ENFOBCE A CONTSACTi {Title, Address and Commencement.) 1. The plaintiff says that the defendant Orler is engaged in the sale of stock and other Investment securities, with a place of business at No. .... Devonshire Street, Boston, Massachusetts; that on or about the twenty-fourth day of February, 1913, the plaintiff was introduced to the defendant Orler, and that on said date the defendant Orler employed the plaintiff in the capacity of salesman of stocks and other securities; that the terms of the employment agreement were that the plaintiff should receive a salary of eighteen dollars (?18) per week, and that the plain- tiff should purchase and that the plaintiff did upon said date purchase of the defendant Orler certain bonds of a corporation knovra as B., E. & B. Railroad Company, and paid therefor a large sum, namely three thou- 1 Taken from Armstrong v. Orler et al. — Superior Court, Suffolk County, Mass. Eq. No. 783. Reported 220 Mass. L112. SPECIFIC PERFORMANCE OF CONTRACTS 91 sand nine hundred and forty-seven dollars and twenty-two cents (13,947.22) ; further that the plaintifi should purchase and that the plaintiff did purchase upon said date certain bonds of a corporation known as the U. Telephone Company, and that the plaintiff upon said date paid a large sum, namely one thousand seven hundred and twenty dollars (f 1,720), and it was further agreed between the plaintiff and the defendant Orler that in consideration of the purchase of said stock, and the payment to the defendant Orler of said large sums of money, that the defendant Orler would at any time take said bonds from the plaintifi at the price paid for the same; that thereafter, on or about the seventh day of April, 1913, the plaintiff purchased of the defendant Orler fifty (50) shares of the common stock of said B., E. & B. Railroad Company, and that the plaintiff paid to the defendant Orler for said stock the sum of twenty-three dollars ($23) per share, or one thousand one hundred and fifty dollars ($1,150) ; that it was agreed by and be- tween the plaintiff and the defendant Orler that the defendant Drier would at any time, upon request, take said stock from the plaintiff at the price paid for it, namely one thousand one hundred and fifty dollars ($1,150). 2. The plaintiff says that on or about June 9, 1913, the plaintiff requested the defendant Orler to return to him the cash paid for the B., E. & B. Railroad bonds, and the U. Telephone Company bonds and that the defendant Orler took the said bonds and gave to the plaintiff the sum of one thousand six hundred and sixty-seven dollars and twenty-two cents ($1,667.22) and persuaded him to take in lieu of the balance, four thousand five hundred dollars ($4,500) par value of common stock in the defendant B. Mortgage and Realty Company, of which the defendant Orler is the President; that the defendant Orler promised at this time to take the said B. Mortgage and Realty Company common stock from the plaintiff at any time, upon request, and pay him cash therefor; that on or about the thirteenth day of October, 1913, the plaintiff offered to return to the defendant Orler the said common stock of the B. Mort- gage and Realty Company, and requested the defendant Orler to repay him the sum of four thousand dollars ($4,000) therefor. The defendant Orler accepted the said stock from the plaintiff, but refused so to do, but did give the plaintiff the sum of twenty-five hundred dollars ($2,500) for said stock. 3. The plaintiff says that he requested the defendant Orler to repay him one thousand one hundred and fifty dollars ($1,150) which the plaintiff had paid for the said B., E. & B. Railroad Company common stock, but the defendant refused so to do, but did give the plaintiff the sum of five hundred dollars ($500) taking his note for said amount with said stock as collateral security. 4. The plaintiff says that the defendant Orler falsely and fraudu- lently, and with a purpose of inducing the plaintiff to invest the sum of one thousand seven hundred and twenty dollars ($1,720) in the bonds of the said U. Telephone Company, that said Company was a reliable concern and in sound financial condition, whereas said corporation soon afterwards filed a voluntary petition in bankruptcy, and that it was in an Insolvent condition at the time the bonds were sold by the defendant Orler to the plaintiff; that the plaintiff relied upon the statements of the defendant Orler believing them to be true, and was by said state- 92 EQUITY FORMS ments induced to invest said sum in said bonds of said U. Telephone Company. 5. The plaintiff says that at the time of the purchase of the said common stock of the said B., E. & B. Railroad Company that the defend- ant Orler stated to the plaintiff falsely and fraudulently, and for the pur- pose of inducing the plaintiff to invest the sum of one thousand one hundred and fifty dollars ($1,150) in the said common stock; that said stock had a market value of thirty dollars ($30) per share; that the plaintiff relied upon said statements of the defendant Orler, believing them to be true, was induced thereby to purchase said stock, whereas at the time of purchase, and at no time since, has the said stock had such market value. 6. The plaintiff says that no interest or dividends have ever been paid to the plaintiff upon any of said stock and bonds; that the plaintiff has demanded a payment of the balance of the money paid to the defend- ant Orler for said stock and bonds, and the defendant Orler has refused to pay the plaintiff as requested; that the defendant Orler is indebted to the plaintiff in the sum of two thousand one hundred and fifty dollars ($2,150), with interest thereon. 7. The plaintiff says that the defendant Orler is without property sit- uated in this Commonwealth adequate in amount to satisfy the amount due the plaintiff as aforesaid, which can be come at to be attached or taken on execution in an action at law against the defendant Orler. 8. The plaintiff says that the defendant Orler is the owner of certain shares of the capital stock of the defendant B. Mortgage and Realty Company, the number of shares owned by the defendant Orler being unknown to the plaintiff. 9. The plaintiff says that said shares of stock are rights, titles, and interests of the defendant Orler, which cannot be come at to be taken on execution in an action at law against the said defendant Orler. 10. The plaintiff says that he has no adequate remedy at law and thus brings this his Bill in Equity. 11. The plaintiff makes the allegations in the first, second, third and sixth paragraphs of this, his Bill of Complaint, of his own knowledge, and the allegations in the fourth, fifth, seventh, eighth, ninth and tenth paragraphs of this, his Bill of Complaint, as he has made careful investi- gation, is credibly Informed, and thoroughly believes that they are true. Wherefore, the plaintiff prays as follows : 1. That the debt of the defendant Orler to the plaintiff, as set forth in the Bill of Complaint, be ascertained and determined by decree of this Court, and the said defendant Orler ordered to pay the same, and that execution issue therefor. 2. That the interest of the defendant Orler in the stock of the defend- ant B. Mortgage and Realty Company be ascertained and reached and applied to the payment of the debt aforesaid. 3. That the defendant Orler be forthwith enjoined pending the deter- mination of this suit from selling, assigning, mortgaging, pledging, transferring or affecting in any way, or attempting to affect the shares of stock to which the said Orler is in any way entitled to in the B. Mortgage and Realty Company standing in his own name or in any other name, and that the defendant B. Mortgage and Realty Company be enjoined from recognizing or permitting any transfer of any shares SPECIFIC PERFORMANCE OF CONTRACTS 93 of stock to which the defendant Orler is in any way entitled in the B. Mortgage and Realty Company, standing in the name of the defendant Orler or in any other name. 4. That the defendant Orler be forthwith enjoined pending the deter- mination of this suit from transferring, assigning, endorsing or pledg- ,ing, or bringing suit upon the said note of five hundred dollars ($500) of said plaintiff. 5. That the defendant Orler be ordered forthwith to account for all property or sums of money that he has received from the plaintiff for the purchase of stock or bonds or otherwise; that the Court order an ac- counting to be had between the plaintiff and the defendant Orler; and that the defendant Orler be ordered upon said accounting if any balance shall be found due to the plaintiff, to pay such balance to the plaintiff or to account for the same, the plaintiff being at all times ready and willing to pay and account for any balance, if any be found by the Court due from him to the said defendant Orler. 6. That the plaintiff have such other and further relief as the Court may deem proper. (Signature.) CHAPTER V BILLS TO CANCEL VOID DEEDS AND DEEDS VOIDABLE FOE GEANTOE'S IGNOEANCE OE INCAPACITY ILLINOIS 1 Form No. 96 BILL TO CANCEL DEED VOIDABLE FOR GRANTOR'S IGNORANCE OF ITS NATURE (Title and Commencement.) 1. Your oratrix is the -widow of J. H. B., who was the owner of record in fee simple of the following described premises (here insert description) ; said premises were conveyed to your oratrix by her said husband by warranty deed dated September 2, 19 . . , and recorded De- cember 7, 19.., in the Recorder's office of Cook county, Illinois, in book No of records, on page as document No. , a copy of which deed is hereto attached and marked Ex- hibit "A." 2. Ever since your oratrix acquired the above mentioned premises she has been without interruption the owner of record in fee simple thereof, but on March 14, 19 . . , she incumbered said premises in the sum of ?1,200.00 by a trust deed to A. E. 3. Some time about the beginning of the year 19 . . , your oratrix had conversations with her daughter, the defendant S. F., in regard to the way your oratrix should desire the above mentioned premises to be divided among her children on her decease, and your oratrix always stated to her said daughter S. F. that upon the death of your oratrix the title to the aforesaid premises should vest in her, but that your oratrix would for the rest of her life exercise full control of the said premises. 4. At the time that your oratrix had the conversations with her said daughter S., as hereinabove stated, her daughter and G. F., her daugh- ter's husband, were financially in an embarrassed condition, and had floating debts in the sum of about $1,300.00, which at the time your oratrix was informed by the said S. and G. F. were to become due and payable, and the said S. repeatedly made suggestions to your oratrix that the title of your oratrix to the premises hereinabove described was utterly defective. 5. Your oratrix, confiding and believing in the representations made to her by her said daughter, and being extremely anxious to have the title to her said property without a cloud, did, on the 25th day of 1 Adapted from the bill in Fabrice et al. v. Von der Brelie, 190 111. 240. The above form, although obtained from the practice of Illinois, Is available for use in general chancery practice. 94 BILLS TO CANCEL DEEDS 95 March, 19. ., go to the office of defendants, J. S. and J. K., attorneys, in the city of Chicago, accompanied by her said daughter and G. F., her husband, and then and there signed papers, the contents of which were unknown to your pratrix, but which were explained to her by the said J. S. and the said J. K. as being instruments necessary to be signed by your oratrix in order to make the title to her property perfect in her name. Your oratrix is a native of Germany, and unable to read, write or understand the English language, and is unable to read or write the German language; she is more than 70 years of age, and she permitted herself to be guided by the acts and advice of her daughter and her daughter's husband, whom she expected she could trust and believe. 6. During the said time and up to about the 6th day of March, 19. ., your oratrix has repeatedly on several occasions exercised the rights of ownership in regard to the said property, without meeting any objec- tions or opposition from her daughter or her husband. 7. Some time in March, 19.., the said S. and G. F. began to treat your oratrix in a cruel and mean way, and at about the same time your oratrix was informed that she had conveyed all of her property absolute- ly, and your oratrix could be ousted at any time. She soon afterwards engaged her present counsel to make a thorough investigation, and she now knows that she is no longer the owner of record of her property as hereinabove described, but that the same is now owned of record by the said G. F. and S. F., by reason of a warranty deed from your oratrix to the said G. F. and S. F., dated March 25, 19. ., and recorded March 29, 19 . . , in - the Recorder's office. Cook county, as document No in book of records, page wherein your oratrix absolutely conveys and warrants her said property to the said G. F. and S. F., and which warranty deed is presumed to have been signed by your oratrix and acknowledged before the said J. K., and of which there is a copy attached hereto, marked "Exhibit B." 8. Your oratrix received no consideration for said deed, but said deed was obtained from your oratrix by fraud and false representations, and by a collusion by and between the said defendants. No notice of the said deed of record ever came to your oratrix until after your oratrix had communicated and consulted with her present counsel herein. 9. Your oratrix is now being threatened by the said G. and S. F., with being sent to the poor house or to the old persons' home, and the said G. and S. F. have threatened to put your oratrix out of the rooms so long occupied by her; the said G. F. has served written notice on the tenants of the property of your oratrix, that the said G. F. is the owner of the property in which the said tenants live. Forasmuch, therefore, as your oratrix is without remedy in the premises, except in a court of equity, and to the end: 1. (Prayer for answer.) 2. That the said warranty deed, a copy of which is hereby attached and marked "Exhibit B," may be cancelled and set aside and declared null and void and of no force and effect; 3. That the property described in said warranty deed may be de- creed by the Court to be 'the property of your oratrix as an absolute estate forever; and that the said defendants, G. F. and S. F., be ordered, 96 EQUITY FORMS directed and decreed to reconvey to your oratrix all said property so by them acquired by virtue of the said warranty deed; 4. That the Court appoint some person to make such conveyance for them, in case of their failure or refusal so to convey; 5. That the said G. and S. F. be ordered and directed to account and pay over to your oratrix the moneys found due upon an account- ing under the direction of this court, for the rents collected by them and each of them or due from them to your oratrix. 6. That your oratrix in all other respects be restored to all her rights and equities which she had before the said warranty deed was executed. (Add prayers for general relief, for process, and for injunction.) {Verification.) MAINE 2 Form No. 97 (a) BILL TO CANCEL VOID DEED AND MORTGAGE 3 (Title and Commencement.) 1. The plaintiff on the twelfth day of August, 19 . . , was seized in fee simple and possessed of a certain lot of land, with the buildings thereon of the value of one thousand dollars, situated in in the county of and state of Maine, bounded and described as follows: (Here insert description.) 2. On the said 12th day of August, said J. L. M., the son of the plaintiff, caused a deed to be drawn, wherein the plaintiff purported to be the grantor and the said J. L. M. was grantee, purporting to con- vey to said J. L. M. the real estate above described, with the following reservation: "Reserving to myself the sole use and occupancy of the above described premises during my lifetime, also reserving to my wife, L. A. M., the use of the premises jointly with myself during her lifetime." The said J. L. M. caused the name of the plaintiff to be affixed to said deed by the scrivener without the knowledge of the plaintiff that the same was a deed and without his consent; and caused a certificate stating that said deed had been acknowledged by the plaintiff to be his free act and deed, to be affixed thereto by a Justice of the Peace, without the knowledge or consent of the plaintiff; and said deed so fraudulently executed and acknowledged, the said J. L. M. thereafterwards caused to be recorded in the registry of deeds of said county of , volume page 3. Upon the 18th day of December, 19 . . , the said J. L. M. executed a mortgage of said real estate to said D. P. M., his wife, conditioned to pay to said D. F. M. the sum of dollars in five years, and caused the same to be recorded in volume page , of the records in the county registry of deeds; and plaintiff avers that said D. F. M. then and there well knew that the deed afore- said to J. L. M. had been procured by said J. Li. M. in the manner 2 The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. 3 Bill modelled on bill in Metcalf vs. Metoalf, 85 Me. 473. See. for bill to compel reconveyance on ground of fraud, Dockray vs. Thurston, 43 Me. 216. BILLS TO CANCEL DEEDS 97 hereinbefore set forth and was void; and plaintiff further says that said mortgage was wholly without consideration and executed for the purpose of creating a cloud upon the title of the plaintiff and void. 4. Said deed and mortgage so fraudulently executed, acknowledged and recorded are in fact void, although upon their face they appear to be valid conveyances and constitute a cloud upon the title of the plaintiff. Wherefore the plaintiff prays: 1. That said fraudulent deed and mortgage may be cancelled and decreed to be void. 2. That the defendants may be ordered and decreed to surrender the same. 3. That said D. F. M. may be ordered to discharge said mortgage and said J. L. M. may be ordered and decreed to execute a quitclaim deed of said premises. {Add prayers for general relief and for process.) Form No. 98 (b) BILL TO CANCEL UNDELIVERED DEED AND BECORD THEREOF 4 (Title and Commencement.) 1. One J. M. C. died on the 22nd day of Marcli, 19 . . , intestate, and the plaintiff was duly appointed and qualified as administrator of the estate of said J. M. C. on the second Monday of April, 19. .. 2. Said J. M. C. died possessed of certain real estate, situated in said P., described as follows, to- wit: (Insert description.) 3. Said J. M. C, on the 23rd day of January, 19. ., executed a deed of conveyance of said real estate to his wife, M. J. R. C, without any consideration therefor; said J. M. C. never delivered said deed to said M. J. R. C, and directed that it should not be recorded by her during her lifetime. 4. On the said 22nd day of March, 19. ., said M. J. R. C. died, never having received any delivery or possession of said deed. 5. On the 28th day of March, 19.., said deed was taken from the coat pocket of said J. M. C, where it had remained since its execution, by one M. B. B., and by her caused to be recorded in registry of deeds, book page 6. Said J. M. C. left personal estate valued at $900, and the claims presented against his estate now amount to $2,800, whereby it becomes necessary for said administrator to sell said real estate by order of court for the payment of said claims. Wherefore the plaintiff prays: 1. That the Court will declare said deed to be void and order the cancellation of the same and of the record thereof and direct said deed to be delivered up for that purpose in order to remove the cloud upon the title of said real estate and thus facilitate said sale. (Add prayers for general relief and for process.) 4 Based on original bill in Fuller vs. Bodge, on equity files of Su- preme Judicial Court, Kennebec county, Maine. 98 EQUITY FORMS MARYLAND ^ Form No. 99 BILL BY DEVISEE UNDER WILL VS. GRANTEE IN DEED TO CANCEL DEED FOR GRANTOR'S INCAPACITY AND HIS IGNORANCE OF ITS NATURE (Title and Commencement.) 1. One S. H. E., late of , deceased, was in his lifetime seized and possessed of certain real estate situate in In this state (Aere insert description), as well as a considerable amount of personal estate, and continued possessed of the same up to the day of his death. 2. Being so seized and possessed, the said S. H. E., in his lifetime, that is to say, on or about the day of , 19 . . , made and executed his last will and testament, and thereafter, on the day of I , 19.., departed this life without having revoked the same. 3. Said will was duly admitted to probate by the Orphans' Court of county, on or about the day of , 19.., and is now of record in the office of the Register of Wills of said county, in wills, liber No folio ; and let- ters testamentary thereon have been granted unto your orator, the executor named therein, as will appear by reference to certified copies of said will and probate, and of said letters testamentary, herewith filed as part hereof, marked "Exhibit A" and "Exhibit B." 4. It will appear by reference to said last will that, after the be- quest of five hundred dollars ($500) to his servant, S. J. K., the residue of his property, real and personal, was devised and bequeathed by said testator to his sister, L. E., during her natural life, and after her death to his friend, P. O. C, your orator, of ,' the husband of said testator's niece, A. M. C. 5. The said L. E. departed this life after the making of said last will and before the death of the said testator. 6. After the execution of said will, the said testator, S. H. E., by reason of several strokes of paralysis and other diseases with which he was afflicted, coupled with his advanced age, not only became infirm and helpless in body, but his mind was so enfeebled and impaired as to render him unfit for the transaction of any business, and wholly incapable of making a valid deed or contract, and so he remained up to the day of his death. 7. During the continuance of the infirmity of said testator, and during his imbecility and incapacity as aforesaid, being then at the age of eighty years, he was induced through: the fraud and misrepre- sentation of the defendants, who falsely and fraudulently represented to said testator that the instrument he was signing was a receipt for money which had been paid to him, to sign a certain paper, purport- ing to be a deed, and professing to convey the whole of his real estate to W. S. E. and J. A. B., in fee, to be divided between them in such proportion as they should agree upon, and to assign a certain portion 5 The above form, although obtained from the practice of Mary- land, is available for use in general chancery practice. BILLS TO CANCEL DEEDS 99 of his personal estate to S. A. T., wife of E. T., a certified copy of wliich pretended deed, recorded among the land records of county in liber No , folio , etc., is herewith filed as part hereof, marked "Exhibit D." 8. The said pretended deed, unless set aside and annulled by' a court of equity, will deprive your orator of all his rights and inter- ests of every sort to which he is entitled, under and by virtue of the said last will and testament, and will also strip the rightful heirs at law of the said S. H. E., and even S. J. K., his faithful old servant, who had nursed and served him most devotedly for years, and for whom it had long been his expressed intention to make a suitable provision in case of his death, of their interest and claims in his said estate, and will bestow the same upon persons who liave no proper claim upon him,- either by reason of care and devotion to him, or of services rendered. 9. The said pretended deed is wholly without legal consideration, is fraudulent and void, and should be set aside by a court of equity. To the end, therefore, (1) That the said pretended deed, or instrument of writing, pur- porting to have been made and executed on the day of 19. ., by the said S. H. E. to the said W. S. E., J. A. B., S. A. T. and E. T., may be annulled and set aside by the decree of this court. (Add prayers for general relief and for process.) MASSACHUSETTS « Form No. 100 BILL TO CANCEL DEED OF INSANE PERSON (Title and Commencement.) 1. All the plaintiffs and defendants with the exception of the plain- tiff, C. F., are the sons and daughters and the only next of kin of M. M., deceased, who died on the fifth day of December, A. D., 19.., intestate. 2. The said C. F. was duly appointed administrator of the estate of said M. M., by the Judge of the Probate Court for our said county of , and his official bond as such administrator was duly proved and filed in said Probate Court on or about the nineteenth day of February, A. D., 19... 3. The said M. M., on the third day of December, A. D., 19 . . , exe- cuted a deed, which deed is now recorded with county deeds, book , page by which she conveyed all the real es- tate belonging to her in said to the defendant, A. W. M. 4. The plaintiffs are informed and believe and therefore aver that at the time of executing said deed, said M. M. was an insane person and incapable of executing any instrument, and that defendant, A. W. M., well knowing her mental capacity, took advantage to coerce her 6 The above form, although obtained from the practice of Massa- chusetts, is available for use in general chancery practice. See, for bill to annul contract for fraud. Com. Life Ins. Co. vs. McLoon, 14 Atl. 351. 100 EQUITY FORMS to make said conveyance and that said deed was given without con- sideration. 5. Previous to said failure of her mental faculties said M. M. was of prudent disposition and carefully protected all her interests in said real estate, but before, at, and after the time of executing said deed, she was incapable of exercising rational volition and by said convey- ance she was deprived of all means of support and said mental inca- pacity continued down to the time of her death. 6. As soon as they learned of the mental Incapacity of their mother, M. M., said plaintiff's daughters, on the fourteenth day of February, A. D., 19.., filed in said Probate Court for our county of , a petition praying for the appointment of a guardian over the said M. M. for the reason that she was insane and incapable of taking care of herself, and after several hearings before said Court at which all the plaintiffs and defendants and the said M. M. were present in person or by counsel, the Judge of said Probabe Court did grant said petition and appointed said plaintiff, C. F., guardian over said M. M. And said M. M., by her counsel did appeal from the appointment of said guardian, which appeal was duly entered in the Supreme Judicial Court for the county of And the said M. M. died pending said appeal. 7. The plaintiffs pray that the Court may be pleased to declare that the said M. M. was, at the time she made and executed the afore- said deed, incapable of exercising rational volition and was coerced and unduly influenced by said defendant, A. W. M., and to order that the said deed be delivered up and be cancelled. And that the Court may grant such further or other relief as the nature of the case may require. MICHIGAN 7 Form No. 101 BILL BY TEUE OWNER TO CANCEL DEED OF HEIES OF EECOED OWNEE (Title and Commencement.) 1. Heretofore on the day of , A. D. 19. ., one W. C., late of , who is since deceased, was the owner in his own right, in fee simple, of all that certain piece and parcel of land, situate, (describe land) ; and being such owner the said W. C. did, then by his deed of conveyance of that date duly executed, acknowledged and de- livered, for a valuable consideration to him then in hand paid, convey the said land in fee simple, to one E. D. ; and thereafter on the day of A. D. 19. ., the said E. D., by his deed of conveyance of that date, duly executed, acknowledged and delivered, conveyed the said land, in fee simple, to one T. A., late of but since then deceased, who was the father of your orator; as by the said several deeds when produced and proved, will fully appear, and whereto refer- ence is prayed. 2. Thereafter on or about the day of A. D. 19 . . , 7 The above form, although obtained from the practice of Michigan, is available for use in general chancery practice. BILLS TO CANCEL DBED^- 101 yf the said T. A. departed this life intestate, leaving your orator his only child and sole heir at law, whereby your orator became and still is the owner of the said land and of the whole thereof, in fee simple; and the same is of the .value of dollars and upwards. 3. Up to and at the time of the said conveyance from the said E. D. to the said T. A., the said land was vacant and unoccupied, but imme- diately after said last mentioned conveyance, said T. A. took actual possession thereof and commenced to improve the same, and erected certain valuable buildings thereon, and the said land or a large part thereof is now in a full state of cultivation as a farm, and has been in the actual use, occupation and possession of the said T. A., and- of your orator ever since the said purchase thereof by the said T. A. and the conveyance to him by the said B. D. 4. The said deed of conveyance from the said E. D. to the said T. A. was duly reported in the office of the Register of Deeds of the said county of , on the day of ^ A. D. 19.., in liber of deeds, at page , , to which record your orator prays leave to refer, but by some accident or oversight on the part of the said E. D., the deed of conveyance from the said W. C. to the said E. D. was not recorded until the day of A. D. 19.., on which last mentioned day the same was recorded in said Register's office, in liber of deeds, at page , to which record your orator prays leave to refer. 5. After the death of the said W. C, and after the recording of the said deed of the said E. D. to the said T. A., and after the said T. A. had taken possession of the said land, and after the decease of the said T. A., and while your orator was in the actual possession and occupation thereof as aforesaid, but before the said deed from the said W. C. to the said E. D., was recorded, one J. B., the defendant hereto, discovered by some means that there was no deed on record from the said W. C, who was then deceased, of the said land, and that by reason thereof there was a link missing from the chain of title of your orator thereto, and thereupon the said J. B., although well knowing that your orator was in the actual possession and occupation of the said land, claiming title thereto in fee simple, made application to D. C. and C. C, who are claimed to be the sons and only heirs at law of the said W. C, who was then deceased, and by some means unknown to your orator, procured a quitclaim deed of conveyance of the said land and premises and the whole thereof, from the said D. C. and C. C. as the heirs at law of the said W. C, deceased, to himself, the said J. B., bearing date the day of , A. D. 19. .. The said J. B. caused the said quitclaim deed to him to be filed for record in the said register's office, and to be recorded in liber of deeds, at page to which record reference is prayed, and by reason of the said deed being first of record, and in order to annoy and vex your orator in the premises, the said J. B. now sets up and claims title to the said lands against your orator, but has not commenced and, as your orator is informed and believes and charges the truth to be, does not intend to commence any action at law against your orator to try the title to the said land and premises. 6. By reason of the premises, the said deed of conveyance of the 102 EQUITY FORMS said D. C. and C. C. to the said J. B., having been placed on record before the deed of the said W. C. to the said E. D. was recorded, is a cloud upon the title of your orator to the said land and premises and tends to depreciate the value and to embarrass the sale thereof. I. To the end, therefore, that (prayer for answer). II. That the said deed of conveyance from the said D. C. and C. C. to the said J. B. may be vacated and set aside and decreed to be null and void as against your orator, and that the same conveys no right, title or interest in the said land or any part thereof to the said J. B. III. That the said J. B. may be decreed to release to your orator all right, title and interest which he claims or appears to have in the said land by color of the said quitclaim deed or otherwise. IV. That the said J. B. may be decreed to have no right, title or interest whatever in or to the said land or any part thereof, and that your orator may have leave to cause such decree to be recorded in the office of the said Register of Deeds. (Add prayer for general relief.) NEW HAMPSHIRE s Form No. 102 CEBDITOE'S BILL TO CANCEL VOID DEED {Title and Commencement.) 1. On January 26th, 19.., the defendant, E. P., was the owner of an undivided half of a tract of land with the buildings thereon, (give description) ; and the other half of said two lots of land was owned in equal shares at said time by G. H. and the defendant, C. D. 2. On said January 26th, 19 . . , said E. F. purported to mortgage the whole of said property to said C. D., to secure the payment of a certain pretended promissory note (describe note) ; but said alleged mortgage bore no seal, and although the same was by said E. F. duly recorded (etc.) it was In fact never delivered to the grantee therein named, and said pretended promissory note was never made nor delivered. 3. On July 18th, 19 . . , your complainant commenced a suit against said E. F. upon a cause of action that accrued prior to said January 26th. Upon the writ in said suit the sheriff attached all the real es- tate in said Concord in which said E. F. had any right, title, interest or estate, and summoned her to appear and answer at the October term, 19. ., of the Supreme Court for said^Merrimack county. At said term of said court your complainant, A. B., recovered judgment against said E. F., in the sum of dollars damages, and dollars costs, and execution was issued thereon on November 16th, 19... Upon March 9th, 19.., said execution was levied, and there was set off in part satisfaction thereof an undivided half of the following de- scribed real estate, which is the undivided half of said real estate hereinbefore mentioned as belonging to said E. F., bounded as fol- lows: (Here insert description of land.) Said execution was re- turned to said court satisfied in part, to- wit: in the sum of dollars on March 17th, 19... 8 The above form, although obtained from the practice of New Hampshire, is available for use in general chancery practice. BILLS TO CANCEL DEEDS 103 4. Your complainant further avers that the indebtedness for which said note hereinbefore mentioned purports to have been given does not now and never did exist; that said mortgage is fraudulent, illegal and void, and was made for the purpose of delaying, hindering and defrauding your complainant as a creditor of the said E. F.; that said mortgage is a cloud upon your complainant's title to said land set off as aforesaid. Wherefore he prays that the cloud r.esting upon his title by reason of said mortgage be removed; that said mortgage be declared void, and of no effect, and for such other relief as to the Court may seem just. NEW JERSEY » Form No. 103 BILL BY PRINCIPAL TO CANCEL AGENT'S FRAUDULENT DEED (Title and Commencement.) 1. On or about the • day of , 19.-, one W. T., by his deed of conveyance, dated on that day, under his hand and seal, and duly acknowledged, conveyed to one A. J. D., as executor of the last will and testament of one J. J. (here describe real es'tate). Said deed was recorded (give place and date of record). The said land was held by the said executor for the use and benefit of the plaintiffs as being the heirs of the said J. J. 2. Being so interested in said lands as heirs at law of said J. J., deceased, the plaintiffs made a certain power of attorney, bearing date the day of 19. ., to one W. H. D. in the following terms: (Here give power of attorney.) Said instrument was duly acknowledged and recorded (give place and date of record). 3. On or about the day of , 19. ., the said A. J. D., as executor as aforesaid by his certain deed of conveyance, dated on that day, under his hand and seal, and duly acknowledged, conveyed said land to the plaintiffs, as the only heirs of said J. J., deceased. 4. On or about the day of 19 . . , the said W. H. D., purporting to act under and by virtue of said power of attorney from the plaintiffs, by his deed of conveyance dated on that day under the hahd and seal and for the consideration of one dollar as therein stated, fraudulently and in violation of the provisions of said power of attorney, conVeyed said lands and premises to one C. D. W.; and on the day of , 19. ., the said C. D. W., by his deed of conveyance dated under his hand and seal, conveyed said lands and premises for a like consideration as therein stated to the said W. H. D., who ever since has claimed to be the owner of record of said lands and premises, except such parts thereof as have been by him sold. Said conveyances so made by the said D. to the said D. W. and by the said D. W. to the said D. were so made, executed and delivered with- out the knowledge and consent of the plaintiffs, and they did not learn of the same, until they employed an attorney to look after their rights about one year ago. 5. Said W. H. D. has sold some parts of said lands and premises 9 The above form, although Obtained from the practice of New Jersey, is available for use in general chancery practice. 104 EQUITY FORMS and has collected all the rents, issues and profits thereof since , 19.., and has appropriated the purchase price of the land so sold and the said rents, issues and profits so collected to his own use, and has refused and neglected to account to the plaintiffs for the same or any part thereof, although often requested so to do. 6. The said conveyances so made by the said D. to the said D. W., and by the said D. W. to the said D., were made for the purpose of putting the entire title to the said lands in the said D., and were en- tirely contrary to the true intent, purpose and meaning of said power of attorney and the imderstanding had between the plaintiffs and the said D., and were a fraud upon the plaintiffs. In tender consideration hereof and forasmuch as the plaintiffs are remediless in the premises by the strict rules of the common law, and can only have adequate relief in a court of equity, where matters of this nature are properly cognizable; and to the end, therefore: 1. (Prayer for answer.) 2. That the said W. H. D. may be decreed to account to the plain- tiffs for all moneys received by him from sales of any part of said lands and premises and for rents and profits of the same and for moneys received from all other sources arising out of said land and to pay over to them their just share thereof; 3. That the said D. be ordered to convey to the plaintiffs their interest in the said lands still imconveyed, or that the said deed from the said D. to said D. W., and said deed from the said D. W. to said D. may be set aside as fraudulent and void; 4. That said power of attorney be revoked and set aside and de- livered up to the plaintiffs; 5. That the said W. H. D. may be restrained by injunction issuing out of this court from making any further sales of said lands and premises or any part thereof, and from incumbering the same or any part thereof, and from in any way disposing of the purchase money received from land sold and the rents, issues and profits arising out of said lands and received by him; (Add prayers for general relief, for process and for injunction.) (Verification.) PENNSYLVANIA i" Form Ko. 104 PETITION TO CANCEL FORGED DEED (Title and Commencement.) 1. There is now of record in the office for recording of deeds in and for the county of , in mortgage book No etc., a cer- tain mortgage dated the day of , A. D. 19 . . , made and executed to C. D., of said county, on a certain tract of land (describe property) being in amount of ? , and given to secure the payment of a certain bond therein mentioned, and bearing even date therewith, in the penal sum of $ ■ , conditioned upon the payment of the aforesaid mortgage debt or principal sum of f 10 The above form is peculiar to the chancery practice of Pennsyl- vania. BILLS TO CANCEL DEEDS 105 at the expiration of five years from' the date thereof with interest at per cent; copies of the said bond and mortgage are hereto attached marked Exhibit A. 2. The tract or piece of land in said mortgage mentioned and de- scribed belongs to and is of riglit vested in your petitioner as of fee, and the signature, "A. B," attached to said mortgage in execution thereof, is a forgery. Your petitioner therefore prays that a notice be directed to the said C. D., in accordance with the acts of assembly in such case made and provided, to appear in this court at the next term thereof to answer this petition; and that upon due proof being made that said signature is a forgery, the Court will order, adjudge and decree that said mortgage be cancelled by the Recorder of Deeds of said county upon the payment of costs accrued by reason of the proceedings in pursuance hereof. And he will ever pray, etc. RHODE ISLAND 'i Form No, 105 BILL TO CANCEL DEED RECORDED BUT UNDELIVERED (Title and, Commencement.) 1. J. M. S., Sr., late of said city of deceased, the father of your orator, was, previous to the execution by him of the herein- after mentioned deed on the 12th day of June, A. D. 19 . . , seized and possessed in fee simple of a certain parcel of real estate (here insert description) . 2. On said 12th day of June, A. D. 19.., said J. M. S., Sr., signed and acknowledged a deed to the defendant, J. M. S., Jr., of the afore- said parcel of real estate (a copy of which said deed is hereunto an- nexed and made a part hereof and marked "Exhibit A"), but never otherwise conveyed said real estate thereafter. 3. Said J. M. S., Sr., never made a delivery of said deed, either to said J. M. S., Jr., or to any one else for him or in any other manner, but on the contrary throughout the remainder of his life, kept the said deed in his own possession and under his own control, and said deed was never placed on record during said J. M. S.'s life. 4. Said J. M. S., Sr., did, soon after the said 12th day of June, A. D. 19 . . , point said instrument out of the defendant, J. H. S. in the box in which said J. M. S., Sr., kept and preserved the same, under his own control, in his own bedroom, and he thereupon showed said instru- ment to said J. H. S. and requested him to place the same on record when the proper time should come. 5. Said 'J. M. S., Sr., died intestate, and without leaving a wife, on the 17th day of April, A. D. 19 . . , leaving as all his heirs, and next of kin, your orator and the defendants named in this bill, they being sons and daughter respectively of said J. M. S., Sr. 6. Thereat terwards, to-wit, on the 19th day of April, A. D. 19 . . , the defendant, J. H. S., took said instrument from said box and carried 11 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 106 EQUITY FORMS it to the office of the recorder of deeds of said city of Providence and placed the same on record, the same being recorded in book , at page 7. Your orator and the said defendants became, at the death of their said father, and still remain, seized of an estate in fee simple in the aforedescribed property, and your orator and said defendants are all of the parties that have an interest in the present bill. 8. Your orator and the defendants are seized of said property in equal shares and the said deed to said J. M. S., Jr., is, under the cir- cumstances and facts heretofore related, entirely void and of no effect. But your orator avers that said deed, apparently, upon the records of said city, makes said property stand entirely in the name of 'said J. M. S., Jr., and therefore forms a cloud upon the title of the rightful owners of said property aforesaid. And your orator avers that said deed ought therefore to be avoided and set aside, and the aforesaid cloud removed from said title, and th?*., as there is great danger that said property may be conveyed to an innocent purchaser, said J. M. S., Jr., should be enjoined from in any manner conveying, encumbering or disposing of the same. Forasmuch, therefore, as your orator is utterly remediless accord- ing to the strict rules of the common law, and can only have adequate relief in a court of equity, and to the end that: 1. {Prayer for answer.) 2. That the said deed may by decree of this Honorable Court be avoided and set aside, and the said cloud removed, and the said J. M. S., Jr., enjoined and restrained from in any manner selling, bar- gaining, conveying, encumbering or disposing of said property, except- ing the share of Interest therein which he holds by inheritance as aforesaid. (Add prayers for general relief, for process and for injunction.) (Verification.) MASSACHUSETTS Form ITo. 105a BILL TO CANCEL DEEDS AS INVALID TTKDEB TAX SALEi (Title, Address and Commencement.) Respectfully represents the G. Cemetery Corporation as follows: FIRST. That It is a corporation duly organized under the laws ot the Commonwealth of Massachiisetts. SECOND. That it is the owner of the following described land sit- uated in Chelsea in the County of Suffolk and Commonwealth of Massa- chusetts and bounded as follows, namely: (Description.) THIRD. That on May 1, 1902, and for many years prior thereto and ever since that time, the land above described was and has been dedi- cated to the burial of the dead, and was on that date and for many years' prior thereto and has ever since that time been used exclusively for that purpose. 1 Taken from Garden Cemetery Corporation v. Baker on file in Superior Court, Suffolk County, Mass. Reported 218 Mass. 339. BILLS TO CANCEL DEEDS 107 FOURTH. That said land is exempt from all public taxes and is in no way benefited by the watering of the streets for which it has been assessed and as set forth herein. FIFTH. That on May 1, 1902, the Assessors of Taxes for the City of Chelsea pretended to assess upon the land described herein and in the name of the G. Cemetery Corporation as owner, the sum of $52.50 for a street watering assessment. SIXTH. That on May 1, 1903, the said Assessors of said City of Chelsea pretended to assess upon the said land and in the name of said G. Cemetery Corporation the sum of $47.25 for a street watering assess- ment. SEVENTH. That on August 2, 1905, T. B. F. as Collector of Taxes for said City of Chelsea pretended to sell the aforesaid land for the non- payment of said street watering assessments and executed and delivered to the respondent two tax deeds purporting to convey the said land to the respondent, which were on August 14, 1905, recorded with Suffolk Registry of Deeds in Book 3064, Pages 362 and 364 respectively. EIGHTH. That the pretended assessments and sales of the said land are invalid and void. NINTH. That the aforesaid tax deeds are invalid and void and con- veyed no title to the respondent and constitute a cloud upon the com- plainant's title. TENTH. That prior to the bringing of this Bill in Equity the com- plainant tendered the amount lawfully due for the redemption of the said land from said tax sales to the agent of the respondent at his place of business in Boston and maintained by the respondent for that pur- pose. ELEVENTH. That the complainant is ready and willing to pay to the respondent any and all sums which the said respondent may be en- titled to in the event that said tax deeds are adjudged valid and that great and irreparable injury will result to the complainant if redemption from said tax sales is denied. Wherefore the petitioner prays: 1st. That said assessments and sales be adjudged and decreed invalid. 2nd. That the said tax deeds be adjudged and decreed invalid and void. 3rd. That the respondent be ordered to release to the complainant all his right, title and interest under the aforesaid tax deeds. 4th. That in the event that said tax deeds are adjudged valid that the complainant be allowed to redeem the land described herein from said tax sales upon payment by it to the respondent of such sum or sums as the Court shall find to be justly due, and that the respondent thereupon be ordered to release to the complainant all his right, title and interest under said tax deeds. 5th. That it be allowed its costs and a reasonable sum for counsels' fee. {Signature.) 108 EQUITY FORMS MASSACHUSETTS Form No. 105b S"DIT IN EQUITY FOE RESCISSION AND CANCELLATION OF CONTEACT 1 (Title, Address and Commencement.) 1. The plaintiff has his usual place of business in Boston in the County of Suffolk. Prior to November, 1908, he was the owner of certain real estate situated in Winchester in the County of Middlesex bounded and described as follows, to wit: {Description.} 2. The plaintiff entered into a contract in November, 1908, with late of Lynn in the County of Essex and Commonwealth af ore- aid, whereby it was agreed between said parties that the plaintiff should convey to said and one the aforesaid property, and in consideration for said conveyance and in exchange for said property said was to assign and deliver to said plaintiff twenty thousand shares of the capital stock of the S. Gas and Vitrified Brick Company, a corporation established under the laws of the State of Maine and pur- porting to do business in the State of Kansas ; and the parties thereupon, pursuant to said agreement, and in execution thereof, carried out its terms, the plaintiff conveying to said M. and said D. the aforesaid prop- erty and said M. assigning to the plaintiff the aforesaid capital stock in said S. Gas and Vitrified Brick Company. 3. The said Moulton, in October and November, 1908, represented to the plaintiff that said S. Gas and Vitrified Brick Company was a corpora- tion established under the laws of Maine; that it was manufacturing bricks on an extensive scale and selling them at a splendid profit at LeRoy, Kansas; that it had numerous large, profitable contracts for its bricks; that it had a contract with the state of Kansas to supply the brick to be used in the erection of the new State House of that state; that it had other valuable contracts with the Federal Government to sup- ply it with its bricks at great profit to itself; that the demand for its brick was greater than even its large plant situated as it was in the midst of extensive and valuable fields of shale was able to supply; that it had suc- ceeded to the large and substantial patronage of a concern which form- erly had been a competitor, but which had been driven out of business by the competition of the S. Gas and Vitrified Brick Company; that this company's plant was situated in the midst of vast fields of natural gas, which it was selling at large profit; that as a result of all this prosperity the company had accumulated in its treasury a large cash surplus ; that it was solvent and financially sound ; that there were net cash earnings actually in the treasury to warrant a dividend of ten per cent on the entire outstanding capital stock, and that in fact it had been voted by the directors to declare such a dividend payable in January, 1909 ; that the stock was being rapidly marketed on State Street; that a responsible State Street banking house had charge of the sale of the stock for the company; that this company was selling its treasury stock to raise 1 Taien from Lufkin v. Cutting, Ex., Superior Court, Suffolk Co., Mass. Eq. No. 1015. Reported in 225 Mass. 599. BILLS TO CANCEL DEEDS 109 money to build an addition to its plant to accommodate the Imperative demands of its increasing business in brick manufacturing; that he (M.) was selling his stock to the plaintiff through friendship as a per- sonal favor; that in a short time owing to its rapidly increasing value the stock would be unobtainable; that there was not the least doubt that the stock if the plaintiff took it would afford the plaintiff for the remain- der of his life a sure and ample income; that he (M.) had special means of knowing and did know of his own personal knowledge that all of the foregoing statements were true. The plaintiff was and is ^nown to the defendant to be a man of somewhat advanced years, uninformed and inexperienced in matters outside of his own small business of button- hole machines. Said M. pretended to be and the plaintiff believed him to be experienced and well informed on the matters which were the sub- ject of the foregoing representations. 4. The plaintiff believed all of M.'s aforesaid representations, in- formed said M. that he (the plaintiff) believed said representations to be true in fact. And in such belief, being influenced, induced and per- suaded thereby, the plaintiff conveyed his land as aforesaid and received therefor 20,000 shares of stock in said Vitrified Brick Company. 5. But in fact each and every one of said representations was entirely false and said M. knew that each and all of them was false and each and every said representation was made with the purpose of defrauding the plaintiff of his property. The company was not in November, 1908, manufacturing brick on an extensive scale, but had made very few bricks; it had never sold any substantial number of bricks at all; it had sold a few bricks, but those were sold at a loss; it had no contract with the State of Kansas or with any one to supply brick for Kansas State Capitol; it had no contract with the Federal government, and sup- plied that government with no bricks; there was in fact no real demand for its bricks, because it had then made but very few bricks; it had not succeeded to any substantial business of a former competitor; it did sell some natural gas, but only at a loss; in November, 1908, the gas wells had become exhausted; it was always insolvent; it had never been able to get on any financial basis of solvency or prosperity; it had not on hand in November, 1909, nor had it at any time before that enough cash to pay outstanding current liabilities, and such cash as it did have came not from the sale of brick or gas, but from the sale of treasury stock; the company directors in November, 1908, had not voted any dividend and no dividend was paid; a few victims were being found to whom sales of stock were made, such sales furnishing the company with the cash for paying its current expenses, but the stock was not being rapidly marketed on State Street; no responsible State Street banking house had charge of the sale of the company's stock, but on the contrary the only person who was selling said stock was an utterly irresponsible and in- solvent person, who claiming to be a broker was quite unknown as such to other persons in the banking and brokering business; that in fact the company was not selling its treasury stock for the purpose of increasing its plant as it was pretending, but in reality of paying its pressing cur- rent bills; that the said M. was not selling his stock to the plaintiff through friendship and as a personal favor, but because the stock which said M. owned was worthless, plaintiff's property was valuable, and said M. wished to exchange the one for the other. 110 EQUITY FORMS The stock which said M. transferred to the plaintiff was in fact worthless and the real property which the plaintiff conveyed to said M. in exchange for the stock was worth at least $15,000. The Company never paid any dividends; never was solvent; the stock'never was worth anything; in June, 1910, the company shut down its plant; and later the bond mortgagee foreclosed its mortgage. 6. The plaintiff discovered the falsity of said M.'s representations about January, 1911. Before that time the plaintiff had repeatedly in- quired of said M. why the company was paying no dividends, and in re- ply to such inquiries the said M. would invariably assure the plaintiff that there was no cause for alarm, that the company was doing such a large business that it needed all its earnings to build new kilns, that the value was there, that the stock was constantly increasing in value. These statements of said M. were false and known by him to be false, and they were made to induce the plaintiff to make no investigation and to bring no proceedings to recover his property, and plaintiff believing them took no steps to recover his property. 7. Upon discovery by the plaintiff of the false and fraudulent char- acter of said M.'s representations, plaintiff tendered him the aforesaid shares of stock and demanded a reconveyance of his property, the said D. in the meantime having conveyed his interest in said property to said M., but M. refused to accept said stock or reconvey the property. 8. Thereafter, to wit, on December. 26, 1911, the said M. died, leaving a will which was duly probated in the County of Essex. The defendant C. was appointed and duly qualified as Executor of said will, and the defendant G. (formerly U.) by virtue of the provisions of said will now holds the title of said property as beneficiary and claims owner- ship thereof, but at the time of bringing the writ herein the defendant C. had and claimed an interest in said property as such Executor. 9. Said M. from November, 1908, until his death collected large sums of money for the rents, income and profits of said real estate, which money can be traced into and constitutes a part of the substantial estate left by him at his death and which is now in the hands and possession of said C. as Executor aforesaid. 10. And the plaintiff is informed and believes and therefore alleges that after the death of said M. the said defendant C. as Executor afore- said collected large sums of money for the rents, income, and profits of said real estate and now has in hands and possession a substantial amount thereof, all of which he holds and claims to hold as Executor aforesaid. Wherefore the plaintiff prays: 1. That the contract with said M. be rescinded and the conveyance of his aforesaid property to said M. and D. annulled, said deed there- under be given up to be cancelled, or the defendants ordered to recon- vey. 2. That said defendants C. and G. be obliged to account for any and all profits derived from them or said M. from said property. iSignature.) CHAPTER VI CREDITORS' AND MINORITY STOCKHOLDERS' BILLS TO OBTAIN RELIEF FROM FRAUD DELAWARE i Form No. 106 CREDITORS' BILL TO SET ASIDE FRAUDULENT CONVEYANCE (Title and Commencement.) 1. C. F., one of the defendants above named in this bill of complaint, on the day of , A. D. 19. ., became indebted to your complainants in the siftn of dollars, for which she gave to your said complainants her promissory note, payable four months after date, which said note became due and payable at the P. N. bank of , the day of 19... 2. The said C. F., failing to pay the aforesaid promissory note, your complainants brought suit thereon at the November term of the Superior Court of the state of Delaware, in and for New Castle county, and, on the day of , 19. ., recovered judgment against the said C. F. for the sum of dollars, together with dollars, the costs of their suit in that behalf, which said judgment ap- pears as No , of the November term, A. D. 19 . . , and entered of record in judgment docket P, volume page and which, or a duly certified copy thereof, when produced upon the hear- ing of this cause, your orators pray may be taken as a part of their bill of complaint. 3. At the time of the making the debt and the note upon which judgment was obtained as hereinabove set forth, the said C. F. was seized in fee of {describe real estate). 4. The said C. F. and J. J. F., her husband, by their indenture bear- ing date the day of September, 19 . . , and therein reciting a consideration of one dollar, granted and conveyed to their son, J. F. F., in fee simple, the whole of the herein above mentioned and described farm, or tract of land, which said indenture now remains of record as aforesaid, in deed record volume , page which said deed, or a duly certified copy thereof, when produced upon the hearing of this cause, your orators pray may be taken as a part of their bill of complaint. 5. These complainants aver and charge that the said conveyance by the said C. F. and J. J. F., her husband, to the said J. F. F., was made without any consideration, and for the sole purpose of vesting 1 The above form, although obtained from the, practice of Delaware, is available for use in general chancery practice. Ill 112 EQUITY FORMS the title in said lands in the said J. F. F., and thereby hindering and delaying the complainants in the collection of their debt against the said C. F. And these complainants further aver and charge that the said con- veyance was fraudulent and void, and that at the time of the making of said deed and conveyance the said J. F. F. had full knowledge of the indebtedness of the said C. F. to the complainants, and of the fraudulent purpose of the conveyance of the said lands to him, and that the said conveyance was made for the sole purpose of aiding and assisting the said C. F. in covering up and concealing her property from her creditors, and to hinder and delay them in the collection of their debts. Your orators therefore pray as follows: First. {Prayer for answer.) Second. That the said conveyance by the said C. F. and J. J. S"., her husband, to the said J. F. F., be decreed to be fraudulent, null and void; and that said lands so conveyed as aforesaid, be decreed to be still the property and estate of the said C. F., or that the said J. F. F. be decreed to have and to hold the said lands so conveyed to him as aforesaid as trustee for the benefit of your orators. Third. That said lands be sold in such manner and under such terms as this Honorable Court may, by its order direct, and the pro- ceeds of such sale be applied to the payment of the said judgment of your orators against the said C. F., and to the costs of this suit. Fourth. That an injunction may issue out of this Honorable Court restraining the said J. F. F. from conveying, selling, assigning, trans- ferring, or otherwise disposing of or incumbering by lien or other- wise, the said lands described in this bill of complaint, or any part thereof^ and also that a preliminary injunction may issue, restraining the said J. F. F. in like manner until the further order of the Chan- cellor. (Add prayers for general relief and for process.) (Verification.) ILLINOIS Form No. 107 (a) CEEDITOE'S BILL TO SET ASIDE FEAUDULENT CONVEYANCE 2 (Title and Commencement.) 1. On the 17th day of September, 19 . . , your orator recovered a judgment in the Circuit Court of Cook county in this state against 2 The above is adapted from the bill filed in Rice Co. vs. McJohn et ah, 244 111. 264. There are two classes of bills filed in creditors' suits in Illinois, which have sometimes been confused. One is a creditors' bill, properly so called, and the other is a bill in the nature of a creditors' bill, a bill in aid of an execution. In the early case of Miller et al. v. David- son, 3 Oilman 518, the Court said: "Where a creditor seeks to satisfy his debt out of some equitable estate of the defendant, which is not liable to a levy and sale under an execution at law, then he must exhaust his remedy at law by ob- taining judgment and getting an execution return nulla bona, before CREDITORS' AND STOCKHOLDERS' BILLS 113 one J. McJ., one of the defendants hereinafter named, in the sum of ? damages and the costs of that suit, which judgment is in full force and effect, not reversed, satisfied or vacated, as by the record of said judgment in the office of the clerk of said court, will more fully appear. 2. Prior to the time of the rendition of said judgment, the said defendant, J. McJ., was the owner in fee simple of the following de- scribed real estate, to-wit: (Insert description.) 3. On the 20th day of September, 19 . . , the said'judgment remaining in full force and effect, and in no part satisfied, your orator caused a writ of fieri facias to be issued to the sheriff of said county of Cook, where the defendant J. McJ. then resided, and still resides, and the said real estate is situated, in the usual form, which writ was duly delivered to the said sheriff to be by him executed in due form of law. 4. Prior to the rendition of said judgment, but after the indebted- ness upon which the same was rendered and accrued, on the 7th day of August, 19 . . , the defendant J. McJ. made a pretended conveyance in fee of the said described real estate to the defendant E. McJ., for a pretended consideration of one dollar, hut your orator avers that the said conveyance was a mere sham, and made with the intention of defrauding your orator and other creditors of the said J. McJ.; that no consideration was paid by said E. McJ. to said J. McJ. for the said conveyance; and that the said premises are now held by the said E. McJ. in trust for the said J. McJ., and for the purpose of pre- venting a levy and sale under the said execution. 5. The said J. McJ. has no personal or real estate liable to levy and sale, except the premises aforesaid, on which the said sheriff could make a levy and realize the amount of said judgment and costs, and although the said sheriff has frequently demanded of the said J. McJ. the amount due upon the said judgment or that he turn out property upon which he could make a levy, the said J. McJ. has refused to pay the same or turn out property and fraudulently insists that he has neither money nor property to satisfy the same. 6. The principal defendant J. McJ. has since the said 17th day of September, 19.., put out of his hands, name and possession by some pretended sale, assignment, conveyance, gift, bailment or delivery or by some other secret and cunning device or contrivance, certain per- sonal property with the intent to deceive, hinder, delay and defraud he can come into a court of equity for the purpose of reaching the equitable estate of the defendant; and this is necessary to give the court jurisdiction, for otherwise it does not appear but that the party has a complete remedy at law. That is what may be strictly termed a creditors' bill. There is another sort of creditors' bill, very nearly allied to this, yet where the plaintiff is not bound to go quite so far before he comes into this court, and that is where he seeks to remove a fraudulent incumbrance out of the way of his execution. * * *" This difference has been recognized in the later cases, among them: French v. Commercial National Bank, 199 111. 213; Scott v. Altman Co., 211 111. 612; Dawson et at vs. First National Bank, 228 111. 577; Rice Co. T. McJohn et al., 244 111. 264. In Dawson v. Bank, it was said, page 579: "* » * From the early case of Miller v. Davidson, 3 Glim. 518, down to the present time, a distinction has been recognized between a creditors' bill seeking to satisfy the complainant's debt out of some 114 EQUITY FORMS your orator of his said judgment and otlier creditors of their just demands, all of which property is held in secret trust by the person or persons to whom the same has been so transferred and with a private understanding or agreement that the same or some interest therein shall enure to the benefit of the said principal defendant. Your orator is informed and believes that among the persons to whom said fraudulent conveyance or transfers hfive been so made by said principal defendant, are defendant M. McC. and the G. Mfg. Co., and your orator avers that all the property held by the principal defendant, so conveyed, transferred or disposed of as aforesaid, the nature and whereabouts and condition of which is unknown to your orator, ought in equity and good conscience to be applied to the satisfaction of said judgment; but your orator avers that defendant M. McC. and G. Mfg. Co. neglect and refuse to so apply the same. Forasmuch, therefore, as your orator is without remedy in the premises, except in a court of equity, he prays: equitable estate of the defendant not liable to levy and sale under an execution at law, and a bill by a creditor seeking to remove a fraudu- lent conveyance out of the way of an execution. Under the first men- tioned bill the complainant must show he has exhausted his remedy at law by obtaining a judgment, execution thereon, and the return of the execution 'no property found-' Under the last mentioned bill the creditor may proceed as soon as he obtains judgment and without issuing an execution thereon: (citing cases). These cases hold that an allegation of the issuance and return of an execution 'no property found,' in a bill by a creditor to set aside a fraudulent conveyance, is superfluous. In Wisconsin Granite Co. v. Gerrity, supra, this court by Mr. Justice Scholfield, after saying it appeared the court below had confused the scope and effect of the bill in that case with a creditor's bill filed for the purpose of reaching equitable assets of the defendant, said (p. 78) 'But its real scope and effect is simply to set aside and remove out of the way of complainant's execution upon its judgment at law certain conveyances executed by the defendant after he became debtor to the complainant without any valuable consideration and purely voluntary, and therefore fraudulent in law as against the rights of the complainant, to sustain which it is unnecessary to allege and prove the exhausting of its legal remedy befoi^ the filing of its bill, but it was authorized to file its bill as soon as it has recovered its judgment.' * * *" And in the case of Rice Co. v. McJohn, 244 111. 264, the court said: "This was a bill in aid of an execution, and was not, in its strict sense, a creditor's bill, whereby the creditor seeks to satisfy his judg- ment out of some equitable estate of the ; defendant which is not liable to levy and sale under an execution of law. The only purpose of this bill was to remove a fraudulent conveyance out of the way of an execution. There is a clearly recognized distinction between these two classes of creditors' bills. Under a bill in aid of an execution the creditor may proceed as soon as he obtains judgment and before execu- tion has issued, while, on the other hand, before he may proceed under a creditor's bill proper, he must exhaust his remedy at law by obtain- ing ai judgment, execution and the return of the execution nulla bona or unsatisfied in whole or in part, (citing cases). The relief afforded by a bill in aid of an execution is of a different character from that afforded by a creditor's bill. Under the former the only relief granted is to set aside the encumbrances or conveyances therein specified as fraudulent, while under the latter any equitable estate of the defend- ant may be reached." The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. CREDITORS' AND STOCKHOLDERS' BILLS 115 1. (Prayer for answer) ; and especially that they may each set forth and state the facts and circumstances attending the said conveyance, the amount of money actually paid thereon by the said E. McJ. to said McJ., and how and in what manner the payments were made, or where to be made, and the purpose of said conveyance; 2. That upon the hearing thereof the said conveyance, including the deed thereof, as to the complainant, be vacated and declared null and void; 3. That an injunction may be allowed, restraining the said defend- ants or either of them from disposing of, transferring, incumbering, or in any manner interfering with the said property, or any part thereof; 4. That a receiver be appointed with the usual powers and duties of a receiver; 5. That the complainant be authorized to proceed upon the writ of fieri facias issued as aforesaid, or to issue another writ thereon, as it may be deemed necessary; that the sheriff of said county thereupon be directed to proceed to levy upon, advertise, and sell said premises for the payment and satisfaction of your orator's said judgment, in- terest and costs; (Add prayers for general relief, for process, and for injunction.) (Verification.) Form No. 108 (b) MINORITY STOCKHOLDERS', BILL AGAINST MAJORITY AND OPFICERS IN CONTROLS (Title and Commencement.) 1. Your orator, H. P. K., of , brings this suit on behalf of himself and of all other stockholders and all creditors of the defend- ant, I. B., a corporation, hereinafter named, who may choose to join In and contribute to the expense of this proceeding. 2. The defendant, I. B., is a corporation, on the day of , 19.., organized for profit under the laws of the state of Illinois, with a capital stock of $500,000 divided into 5,000 shares of the face value of $100 each, and having its principal place of business in in the county of and said state. 3. The shares of the capital stock of said corporation are now held by the following persons in respective amounts set opposite their names (insert list). The defendants, B. E., L. E., L. B. B. and C. P., together own 3,500 shares of said capital stock, and have owned said shares continuously since the said corporation was organized. Said E. E. and L. E. are brothers; the said L. E. E. is the son of the said B. E., and the said C. P. is the father-in-law of said E. E.; and said L. E., C. P. and L. E. B. are now and have been at all times dominated and controlled by said E. E., and the capital stock owned by all said defendants is and has been controlled and voted in all matters as a single block of stock owned by one person. 4. The directors of said corporation are defendants, L. E., L. E. E., 3 The above bill is adapted from the bill in Klein et al. vs. The Independent Brewing Association et al, 231 111. 594. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 116 EQUITY FORMS E. E., your orator H. P. K., and one J. K.; the officers of said corpora- tion are as follows: L. E., president; L. E. E., secretary; E. E., treasurer. 5. On or about the 11th day of September, 19.., the defendants, E. E. and L. E., fraudulently and unlawfully entered into a conspiracy together for the purpose of wrongfully and fraudulently depriving your orator and other stockholders of said corporation other than said E's., said L. E. E. and said C. F. of their rights and interests as such stockholders, and of fraudulently and iinlawfully exploiting said cor- poration and converting its funds and assets for the benefit of said persons; said C. F. holding nominal title to about 2,400 shares of the capital stock of said corporation from said B. E. and said L. E., but having never in person actively participated in the aSairs of said corporation, but on the contrary, the stock of said C. F. having always been represented and voted by said L. E. and said E. E. 6. In pursuance of said conspiracy said E. B. and said L. E. have from time to time heretofore since September 11, 19.., unlawfully and fraudulently caused and permitted large sums of money to be paid out of the funds of said corporation to said L. E. and said E. E., and have purchased property with the funds of said corporation from said defendants at fraudulently excessive prices, and have from time to time paid out large sums of money from the funds of said corporation to different ones of said defendants as pretended salaries to them. In excess of the salaries to which said defendants were from time to time lawfully entitled under the by-laws and lawful resolutions of the directors of said corporation, and are now fraudulently and unlaw- fully paying to said E. E., L. E. and L. E. E. out of the funds of said corporation as pretended salaries large sums of money, viz.: $10,000 per annum, and in connection with their fraudulent and unlawful practices have from time to time made fraudulent entries upon the records of meetings of stockholders and directors of said corporation and are now and have been, since said last mentioned date, con- tinuously, arbitrarily, fraudulently and unlawfully manipulating the affairs, moneys and properties of said corporation for their own use and benefit, and to the great injury of your orator in the premises. And your orator shows particularly the acts and doings set forth, all of which your orator charges were done fraudulently and unlaw- fully, and in pursuance of said conspiracy. (Here insert particulars in separate paragraphs.) 7. A large nimiber of the shares of the capital stock of said cor- poration were sold upon the express and implied promise in said by- laws of said I. B. that no officer should receive more than f3,000 per annum for his said services; and notwithstanding the increase in said salaries of the officers of said association, the duties of said officers have remained the same, and the only reason for increasing the said salaries is the purpose of allowing the said officers to benefit them- selves notwithstanding the rights of the other stockholders of the said corporation. And your orator avers that the said officers, in pursuance of their said conspiracy and said fraudulent and ultra vires by-laws, have drawn from the funds of said corporation approximately one hundred thousand dollars for salaries to which the said officers were in no CREDITORS' AND STOCKHOLDERS' BILLS 117 way entitled, and which they wholly refuse to return to the said cor- poration. 8. Although large profits have been made by said corporation within the past two years no dividends have been declared upon the stock of said corporation for nearly two years prior hereto, but in the manner aforesaid, and pursuant to the said conspiracy, the profits of the business of said corporation are being dissipated by said defendants and appropriated to their own use. The books of said corporation, especially the minute books, are in a confused and dis- orderly state, and do not speak the truth as to the business and profits of the business of the defendant corporation; and on information and belief your orator says that unless prevented by the appointment of a receiver to take possession of the books and assets of said defendant, pending final disposition of this cause, the defendants will, pursuant to said conspiracy, destroy, mutilate, or alter the books of said defend- ant company, and secrete its assets, and will dissipate its funds and properties, and your orator avers that any demand upon said defend- ants or any of them, or upon said corporation would by reason of the facts above set forth, be futile and of no avail, and by reason of the premises the said corporation cannot of its own motion and in its own name institute suit for the relief herein prayed ; 9. On information and belief your orator avers that said L. E. E. and E. E. will, unless restrained by order of this court, enter into or attempt to enter into some contract for the disposition of the property or some portion thereof of the defendant corporation, or in some way secrete, transfer, or encumber said real estate or some portions thereof; that the owning of said real estate is not necessary or advan- tageous to said corporation, and that the same should be disposed of for the benefit of said corporation; but any sale by said defendants will not be made in good faith and for the benefit of said corporation. Forasmuch, therefore, as your orator is without remedy in the premises except in a court of equity and to the end: 1. (Prayer for answer.) 2. That the said defendants, except said corporation, may fully set forth a just and true account of all their actions and doings in respect to the business of said I. B., and that an accounting may be taken under the direction of this court, of all and every of the transac- tions of the said defendants except said I. B. and said C. F., with said I. B., and that the same may be fully adjusted and the respective rights of all the defendants be ascertained; 3. That said defendants, except said I. B. and said C. F., and each of them be decreed by order of this Honorable Court to pay said I. B. such sums as may be found upon such accounting to be due from them to the said I. B. ; 4. That -a receiver may be appointed by this court to take posses- sion of and hold and dispose of all of the books and property, equit- able interests and things in action of the said I. B., under the order of this court; 5. That said real estate purchased as aforesaid from said L. E. may be reconveyed under the direction of this court to said L. E. and said defendants, excepting said C. F., and each of them be required to account for and pay unto said I. B. such moneys as may be found to be 118 EQUITY FORMS due and owing to said I. B. from said defendants on account of said real estate transactions over and above the amount or amounts which may be realized from the sale thereof under the direction of this court; 6. That said L. E. E., L. B. and E. E. be enjoined and restrained by order of this court from in any way conveying, or attempting to convey, or transferring, concealing or encumbering all or any of the property and assets of said I. B., including the premises purchased as aforesaid from said L. E., until the further order of the court. (Add prayers for general relief, for process, and for injunction.) (Verification.) MAINE Form No. 109 (a) CEEDITOE'S BILL TO SET ASIDE FEAUDTTLENT CONVEY- ANCE TO WIFE PAID FOR BY HUSBAND'S MONEY* (Title and Commencement.) 1. At a term of the Supreme Judicial Court, begun and holden at in and for the county of , on the Tuesday of September, A. D. 19 . . , by the consideration of the justice of said court, the plaintiff recovered judgment against the defendant, A. K. P. B., for the sum of dollars and cents, debt or dam- ages, and dollars and cents, costs of the suit, amount- ing in the whole to the sum of dollars and cents, which judgment is now In full force and not reversed, annulled or satisfied, although one writ of execution was Issued thereon bearing date the day of , A. D. 19 . ., which said execution was afterwards returned into said court by the plaintiff's attorney, in no part satisfied. 2. On the day of , A. D. 19 . ., the defendant, A. K. P. B., contracted for and purchased a farm of J. J. H., of , in the county of , to-wit (here insert description) ; for the consideration of twelve hundred dollars, then and there paid to the said J. J. H. by the said A. K. P. B., and then and there caused the said real estate to be conveyed by said J. J. H. to defendant L. T. B., the wife of said A. K. P. B., with intent on the part of both said A. K. P. B. and said L. T. B, to cheat and defraud the said plaintiff in respect to his said judgment. 3. On the day of , A. D. 19. ., and subsequent to the purchase as aforesaid, a second writ of execution was issued on said judgment which was put into the hands of O. F. T., an officer duly qualified to serve the same, who afterwards returned the same into * Bill by administrator of creditor to set aside conveyance to wife under R. S. (1903) Ch. 63, § 1. (Com. Rep. 1915, Ch. 64, § 1.) See Berry vs. Berry, 84 Me. 541. The court said: "The allegations in the plain- tiff's bill sufficiently meet the substantial requirements of the statute, as well as the principles of equity and rules of procedure established by the recent decisions of this court. See also Sampson v. Alexander, 66 Me. 185; Call v. Perkins, 65 Me. 439; Hamlen v. McGillicuddy, 62 Me. 268; Gray v. Chase, 57 Me. 558." "The above form, although obtained from the practice of Maine, is available for use In general chancery practice. CREDITORS' AND STOCKHOLDERS' BILLS 119 said court in no part satisfied, with his indorsement thereon that he was unable to find any goods or estate of the said debtor in his precinct wherewith to satisfy the same. 4. The petitioner has no remedy at law by which he can obtain the interest of said A. K. P. B. in said real estate to satisfy his judg- ment and execution. Wherefore the plaintiff prays: 1. That the Court will decree a conveyance of so much of said real estate as may be necessary for the payment of said execution and judgment. (Add prayers for, general relief and for process.) Form No. 110 (b) BILL BY TRUSTEE OF BANKRUPT TO SET ASIDE FRAUD- ULENT CONVEYANCE 5 (Title and Commencement.) 1. The plaintiff is the trustee of C. M., a bankrupt, duly appointed as such trustee, by the judge of the District Court of the United States within and for the district of Maine on the day of , 19 . . , as appears by the records of said court. 2. The said C. M. on the day of , 19 . . , was the owner of a three story frame building situated (give description) , to- gether with the furniture and fixtures belonging to said building and all of great value, to-wlt, the value of two thousand dollars. 3. On the day of 19 . . , and within four months before the filing of the petition against him, the said C. M. being then Insolvent, and acting in contemplation of bankruptcy, did make a certain transfer and conveyance of said property described in the fore- going transfer and conveyance of said property described in the fore- going paragraph second, to J. H , all of which appears by a certain bill of sale of that date recorded , 19. ., in vol page of the mortgage records of the town of Eden. 4. Said transfer and conveyance was made by the said C. M. with a view to prevent said property from coming to his trustee, and to pre- vent the same from being distributed under the provisions of the United States bankruptcy act of July 1st, 1898, and to defeat the ob- ject of said act and to hinder delay and defraud his creditors. 5. Said J. H., at the time of taking and receiving said transfer and conveyance, had reasonable cause to believe the said C. M. to be insolvent and acting in contemplation of bankruptcy, and such transfer and conveyance was made with a view to prevent said property from coming to his trustee and to prevent the same from being distributed under the provisions of said bankruptcy act, and to defeat the object of said act, and hinder, delay and defraud his creditors. Wherefore the plaintiff prays: 1. That said transfer and conveyance, as set forth In paragraph 5 Based on Redman v. Hurley, 89 Me. 428, with such changes as are required to render the bill suitable under the bankruptcy act instead of under the state insolvency laws. The above form, although obtained from the practice of Maine, is available for use in srenferal chancery practice. 120 EQUITY FORMS second, be declared by this Court to be void, and that the plaintiff recover of the defendant said property as assets of the bankrupt. 2. That said defendant, by an order and decree of this court be prohibited from exercising any acts of control over said property what- soever. 3. That the said defendant may be ordered and decreed by this Court to make, execute and deliver to your complainant a sufficient conveyance of said property. ' 4. That an account may be taken of the rents and profits which said defendant has received from said property so transferred and conveyed to him, and that he may be ordered to pay over such rents and profits to the plaintiff. (Add 'prayers for general relief, for process, and for injunction.) (Terification.) MARYLAND Form No. Ill (a) CBEDITOB'S BILL TO SET ASIDE FBAUDULENT CONVEYANCE 6 {Title and Commencement.) 1. Your orators are co-partners in the wholesale notion business in the city of Baltimore, under the firm name and style of B. and C, and the defendant B. F. was and is now engaged in the retail dry goods and notion business in said city and during the present year, and prior thereto, has become largely indebted unto your orators for goods sold by them to him. 2. Said indebtedness being long overdue, your orators brought suit thereon in the Superior Court of Baltimore city, against the said E. F., and on the day of 19 . . , obtained judgment against him for $ , with interest from the said day of 19. ., and costs, and on the day of they caused a fieri facias on the said judgment to be issued returnable to the term of the said court, and to be levied on certain real estate in the said city of Baltimore, being a dwelling house known as No North Charles street, then and for a long time pre- viously in the possession of the said E. P., a short copy of which judg- ment, duly certified, is herewith filed as part hpreof, marked "Exhibit A." 3. The said real estate, and all the right, title and interest of the said E. F. therein, was on the day of , 19.., sold under said fieri facias to satisfy said debt and your orators became the purchasers thereof, and thereafter received from the sheriff of said Baltimore city a deed therefor, as will appear by a duly certified copy of said sheriff's deed, herewith filed as part hereof, marked "Ex- hibit B." 4. At the time of the institution of your orators' suit, and down to the day they obtained judgment thereon, the said E. F. was seized and possessed In fee simple of the said premises, but on the day before your orators obtained judgment, to-wlt, on the day 6 The above form, although obtained from the practice of Mary- land, is available for use in general chancery practice. CREDITORS' AND STOCKHOLDERS' BILLS 121 of 19.., the said E. F., for a pretended consideration of dollars, conveyed the said real estate by a deed of that date to the defendant G. H., of said city; a certified copy of which deed is herewith filed as part hereof, marked "Exhibit C." 5. Notwithstanding the said conveyance, the said E. F. has since continued, and still continues, to live on and occupy the premises described in said deed. 6. At the time of his mailing said deed, the said E. F. was largely indebted and insolvent, and had not the means of paying his said debts, apart from the property so conveyed by him; and the said con- veyance was fraudulently made, and for simulated and pretended considerations, and was made to hinder, delay and defraud your orators and his other creditors of their just and lawful debts. To the end, therefore, (1) That the said deed from the said E. F. to the said G. H. of the said real estate may be declared to be void, and may be vacated and annulled. (Add prayers for general relief and for process.) Form No. 112 (b) IVUNOBITY STOCKHOLDERS' BILL 7 (Title and Commencement.) (Set forth in paragraphs the facts alleged.) In conclusion, your orators aver that the action of the defendants herein and of the majority of said directors of said company is fraud- ulent, oppressive and in violation of the legal rights of your orators; and that application to the said directors to bring this action would be of no avail. To the end, therefore, (1) That the defendants may be required to make a full and detailed report and account of the transactions of the defendant, the said , corporation, with , as its agent, accompanied with all vouchers, etc., relating to such transactions. (2) That said defendant, corporation, may be required hereafter, at proper times, to exact of its said agent, due and proper accounts. ^ (Add prayers for general relief and for process.) MASSACHUSETTS Form No. 113 (a) BILL BY TRUSTEE OF BANKRUPT TO RECOVER FRAUDU- LENT PAYMENTS TO INSURANCE COMPANY s (Title and Commencement.) 1. On the day of , 19.., the defendant, E. J. D., was adjudicated a bankrupt by the District Court of the United States for the district Of Massachusetts, on a voluntary petition filed on , 19. ., and on the day of 19. ., the plaintiff 7 The above form, although obtained from the practice of Mary- land, is available for use in general chancery practice. 8 The above form, although obtained from the practice of Massa- chusetts, is available for use In general chancery practice. 122 EQUITY FORMS was duly appointed and has duly qualified and is now acting as trustee in bankruptcy of the estate of said D. 2. On or about the day of , 19.., defendant D. paid to defendant M. Life Insurance Company the sum of dollars and received therefor a contract in writing, dated 19. ., by the terms of which the defendant insurance company agreed to pay the defendant D. the sum of dollars annually in semi-annual pay- ments of dollars each during his life, commencing on the day of , 19 . ., and terminating with the last semi-an- nual payment preceding his death. A copy of this contract is annexed, marked "A." 3. At the time of making the payment hereinbefore set out the said D. intended to contract debts which he had no design to pay and which he did not intend to pay, and between the said date and the date of filing his petition in bankruptcy, he did contract debts to F. A. B., C. B. B., T. & B. and others to the amount of over dollars, which are still unpaid in whole or in part. 4. At the time of making said payment the said D. was and ever since has been insolvent and unable to pay his debts in full, and he was then indebted to T. & B. in the sum of not less than dollars, and to F. A. B. in the sum of not less than dollars, all of which debts are still owing and unpaid and at the time of said payment the defendant D. was indebted to the above-named persons beyond his probable means of payment remaining after making said payments. Said indebtedness was constantly increased after said payment until at the date of the adjudication of the defendant D. as a voluntary bankrupt there was owing by him to said F. A. B. the sum of not less than dollars, and to the said T. & B., not less than dollars. 5. Payment of said sum to the defendant insurance company was made by the defendant D. with intent to hinder, delay and defraud his creditors, and did in fact hinder, delay and defraud his creditors. 6. The defendant insurance company has never performed the whole or any part of its contract with the defendant D. herein set out, nor by the terms thereof is it liable to be called upon to do so until the date named therein for the first payment to the defendant D., and upon the death of the defendant D. at any time either before or after said dates all liability of the defendant upon said contract ceases, and until such payments have been begun the contracts are wholly executory on the part of the defendant insurance company. The defendant insurance company still has in its possession and control the sum paid to it by the defendant D. for the said contract and is able to return the said without any loss, damage or expense whatever. 6. The plaintiff has in his possession said contract and is ready and willing and has offered to surrender it to the defendant insurance com- pany upon the receipt of the sums paid by the defendant D. therefor, but the said insurance company declines and refuses to return said money. 7. The defendant D. claims that his rights in said contracts did not pass to the plaintiff as trustee in bankruptcy as aforesaid. Wherefore the plaintiff prays: First. That it may be adjudged and decreed that he is the owner CREDITORS' AND STOCKHOLDERS' BILLS 123 of and entitled to all the interest of the defendant D. in said con- tracts. Second. That the defendant insurance company be ordered to pay to the plaintiS the sum received by it for said contract I'pon receiving back the contract. (Add prayer for general relief.) • Form No. 114 (b) MINORITY STOCKHOLDERS' BILLs> (.Title and Commencement.) 1. The defendant company is a corporation duly established under the laws of Massachusetts. Its capital stock of sixteen thousand dollars ($16,000) Is divided into one hundred sixty (160) shares of one hundred dollars ($100) each. The defendant A. P. C. is and has been since the organization of the corporation the owner of one hundred and nineteen shares. H. B., of is the owner of one share, and the plaintiff is the owner of forty shares. Said A. P. C. is one, of the directors, the president, treasurer, and manager of said corporation, and the plaintiff is secretary of the corporation. 2. At the time of the incorporation, to-wit, in June, 1900, the salaries of said C. and plaintiff were fixed at fifty and thirty dollars per week respectively and remained at that rate thereafter until the sixth day of June, 1906. 3. All the said stockholders are and have been ever since the incor- poration, directors of said corporation. But the said H. B. has owned as before stated, but a single share and is and has been under the control and direction of the said A. P. C. in all his conduct with reference to said corporation. 4. On the first day of June, 1901, without the knowledge of the plaintiff and without any vote of the directors or any knowledge of the directors except the knowledge of said A. P. C, the said C. began to appropriate to himself under the pretence of salary the sum of one hundred dollars each week, and continued to appropriate that sum of money up to May in the year 1906, the time of the passing of the vote hereinafter referred to. 5. Inasmuch as the said A. P. C. kept all the financial transactions of the said corporation concealed from the other members of the cor- poration, the plaintiff had no knowledge until long after said first day of June, 1901, that the said C. was appropriating said sum of money to himself as his salary, and did not learn of the same until long afterwards, and as soon as he learned thereof, he at once protested to said C. against the said act as illegal and unjust and as a fraud upon him as a minority stockholder in said corporation. 6. Thereupon upon the sixth day of May, 1906, the said A. P. C. called a meeting of the directors of said corporation, and procured the majority of said directors to pass the following vote, to-wit: "Voted — That the salary of A.' P. C. as president, treasurer and manager be one hundred dollars each week, the said salary to begin with June 1, 9 The above form, although obtained from the practice of Massa- chusetts, is available for use in general chancery practice. 124 EQUITY FORMS 1901, and that the said salary of one hundred dollars per week which A. P. C. has already received from this company since June 1, 1901, is hereby expressly approved and confirmed by this board of directors, its said approval to be entered upon its records." At the same time the plaintiff offered the following protest in writ- ing, and spread it upon the records of said corporation, to-wit: "F. W. B., a stockholder and director of the company, protests against the action of the directors in voting to pay back salary to A. P. C. from June 1, 1901, to date, on the ground that it is illegal and in violation of justice and equity." 7. The plaintiff has demanded of said C. that he should pay back into the corporation the said back pay and salary in excess of the amount fixed at the time of the incorporation of the company, which he has refused to do, and the said A. P. C. owning a majority of the stock, and the said H. B. being completely under the control and direc- tion of said C. and refusing to take any action in the matter, it is impossible for the plaintiff to obtain any remedy in the name of the said corporation. 8. The plaintiff alleges that the said appropriation of said money by the said C. with the concurrence and approval of the said B., and without the knowledge of said plaintiff until long after a large part of said money had been so appropriated, and against his protest when the matter came to his knowledge, constitutes a fraud upon his rights as a minority stockholder, and is in effect a gratuity paid by said corporation to said C, and In law and in equity said C. is bound to restore the said money so appropriated by him to the treasury of the corporation. 9. The plaintiff also alleges that the said defendant C. has appropriated a large amount of the funds of said corporation to his own private use, the details and particulars of which the plaintiff is unable to state because the said C. conceals from him the financial affairs and the books of said corporation, and the said B. being as aforesaid wholly under the control of said C, the plaintiff is without remedy by suit in the name of the corporation. Wherefore, the plaintiff prays that the said C. may be decreed to pay into the treasury of the corporation all the money received by him since Jime 1, 1901, to May 6, 1906, in excess of fifty dollars per week in the name of salary, and that an account may be taken of the applica- tions and appropriations said defendant has made of the funds of the corporation to other purposes for his own private use, and that he may be decreed to restore the same to the treasury of the corporation. {Add prayer for general relief.) Form Ko. 115 (c) MINOEITY STOCKHOLDERS' BILLio (Title and Commencement.) G. B., of , (.and twenty-four other stockholders whose names 10 Based on allegations of the first bill in Brewer v. Boston Theatre, 104 Mass. 378 with amendments to meet the requirements stated in the opinion. The above form, although obtained from the practice of Massachu- setts, is available for use in general chancery practice. CREDITORS' AND STOCKHOLDERS' BILLS 125 and addresses are given) in behalf of all other stockholders of the defendant corporation who may wish to join as plaintiffs, except such as are made defendants hereto, complain against, (etc.) 1. The defendant corporation is seized in fee simple of a certain lot of land and the theatre thereon known as the Boston theatre, bounded and described as follows: (Description.) 2. The board of directors of said defendant corporation is composed of five members and at the annual meeting of said corporation held in the month of July, 19. ., the said defendants, T., T., and F. were elected members of said board of directors and have ever since remained such and constitute a majority of said board. 3. The said T., T., and F., being directors as aforesaid, fraudulently colluding with one H. C. J., procured that a lease of said theatre should be given nominally to said J., August 1st, 19 . . , for a period of two years from that date at a rental much smaller than it was worth in the market and less than the directors might have got from other parties, in fraud of the corporation and for the benefit of said T., T., and F., all of whom were secretly associated with said J. and interested in the profits of said lease. 4. The said T., T., and F., while directors as aforesaid, thereupon, and in breach of their trust duty as directors and in collusion with said J., procured large and extravagant amounts to be expended upon said theatre in repairs, properties and furniture and for other like purposes, real or pretended, for their private benefit as the parties interested in the lease and in fraud of the corporation. 5. Said T., T., and F. being still directors as aforesaid in violation of their duties, agreed with said J. to divide with him the profits of said lease, and in pursuance of said agreement, large net profits were made and are being made by said J. as nominal lessee, from the use and occupation of said theatre and the management of the same which were and are being shared between him and the defendants, T., T., and F. 6. Ever since 18 . . , the defendants, T., T., and F., have owned and controlled a majority of the stock of the defendant corporation, and have, by this means, controlled the election of oflicers and all other proceedings at the stockholders' meetings, and have been able to perpetuate themselves in office as a majority of said board of directors, and manage and control all the affairs of the corporation according to their own pleasure and for their own benefit, so that the plaintiffs are and have been ever since 18 . . , wholly unable to obtain redress through any action on the part of said defendant corporation itself. Wherefore the plaintiff prays : 1. That an account may be ordered and taken of the transactions of the defendants with said J. and of all sums received by said defendants as herein alleged, and that they may be decreed to be trustees for the defendant corporation in respect of all sums so received and for svch further sums as they might and ought to have received or accounted for to the corporation. 2. That the said lease to said J. may be ordered to be delivered up and cancelled. (Add prayer for general relief.) 126 EQUITY FOEilS MICHIGAN Form No. 116 (a) CBEDITOS'S BILL TO SET ASIDE FRAX7DUI.EITT CONVEYANCE n (TifZe and Commencement.) 1. Your orators are, and for years now last past have been partners doing business under the firm name of A. H. and Co., at aforesaid, and heretofore on the day of A. D. 19 . . , your orators recovered a judgment in an action of assumpsit in the Circuit Court for the county of against one J. B., then of as defendant, for the sum of dollars damages, and the costs of suit, which costs were afterwards and on the day of , A. D. 19. ., duly taxed at the sum of dollars, as by the record of the said judgment now remaining in the record and files of the said last mentioned court, and whereunto reference is prayed, will fully appear. 2. Afterwards on the day of , A. D. 19. ., the said judgment then being and remaining of full force and effect, your orators, for the purpose of obtaining satisfaction thereof, procured to be issued out of and under the seal of the said last mentioned court a certain writ of fieri facias directed to the sheriff of the county of , that being the county wherein the said J. B. then resided, by which said writ the said sheriff was commanded that {state terms of the writ). 3. The said writ of fieri facias, before the delivery thereof was duly endorsed according to law and was afterwards on the day of , A. D. 19. ., delivered to the said sheriff to be by him executed In due form of law. 4. Afterwards on the day of , A. D. 19. ., the said sheriff returned the said writ of fieri facias to the said last mentioned court wholly unsatisfied with a return endorsed thereon and signed by the said sheriff, that (set out the return of the sheriff) as by the said writ of fieri facias with the said return of the said sheriff thereon endorsed now on file in the office of the clerk of the said Circuit Court for the county of , whereto reference is prayed will fully appear. 5. The said judgment still remains in full force and effect, not reversed, set aside, satisfied nor otherwise vacated, and there is now actually, justly, and equitably due to your orators thereon the sum of dollars, together with interest thereon, from the date of the rendition thereof, over and above all legal and equitable claims and demands of the said J. B. by way of set-off or otherwise. 6. Since the indebtedness for which the said judgment was rendered was incurred, and on or about the day of A. D. 19.., one J. K. bargained and sold all that certain piece or parcel of land, situated {describe land), of the value of dollars, for the price and consideration of dollars, and conveyed the same by deed of conveyance to one M. B., the son of the said J. B., which said 11 The above form, although obtained from the practice of Michigan, is available for use in general chancery practice. CREDITORS' AND STOCKHOLDERS' BILLS 127 deed of conveyance is recorded in the office of the Register of Deeds of the said county of , in liber of deeds, at page as by the said, record will fully appear, and whereto reference is prayed; and your orators are informed and belieTe and charge the truth to be that at the time of such sale the said J. B. furnished from his own proper moneys and property the full amount of the purchase price of dollars, paid to the said J. K. for the said last men- tioned land, and that the deed thereof was taken and made in the name of the said M. B., in order fraudulently to prevent the same from being levied upon to satisfy the said indebtedness of the said J. B. to your orators, and that the same is now held in trust for the said J. B. by the said M. B. {Insert any other transaction of which complainants have sufficient information to charge any other property as being held in trust for the judgment debtor, making the person or persons holding the same defendants.) 7. Your orators further aver that this bill of complaint is not exhibited by collusion with the defendants or with any or either of them, nor for the purpose of protecting the property or effects of the said judgment debtor against the claims or other creditors, but for the sole purpose of compelling payment and satisfaction of your orators' own debt. I. To the end therefore that: (Prayer for answer.) II. That the said J. B. may be decreed to pay to your orators forth- with the amount of the said judgment with interest from the date of the rendition thereof and the costs of this suit. That the property hereto- fore described as having heretofore been conveyed by one J. K. to M. B., son of the said J. B., be decreed to be property of the said J. B. and that the legal and equitable title rest in the said J. B., and that by order of this Honorable Court said property be sold and the proceeds from the sale of the same be applied In satisfaction of the costs and ■ expenses of sale, costs of this suit, and the amount of the aforesaid judgment with interest from date thereof, providing the said J. B. shall default in the payment of said judgment, costs and interest, upon a date certain, to be fixed by this Honorable Court. III. That the said J. B. and M. B. be restrained from selling, assign- ing, conveying, incumbering, or in any manner disposing of the said land so purchased from the said J. K., or any part thereof, and that they may be so restrained in the meantime and during pendency of this suit. (Add prayer for general relief.) ( Verification. ) Form No. 117 (b) MINORITY STOCKHOLDEES' BILL" (Title and Commencement.) I. The B. C. Co. is a corporation organized and doing business under the laws of the state of Michigan with its principal offices in the city of aforesaid ; said corporation was incorporated on or about 12 The above form, although obtained from the practice of Michigan, Is available for use in general chancery practice. 128 EQUITY FORMS the day of 19. ., under the provisions of act No. 232 of the public acts of 1903 as amended, which provides for the con- solidation of the laws providing for the incorporation of manufacturing and mercantile companies; and said company was incorporated for the purpose of manufacturing and selling automobiles, automobile parts and accessories. II. The amount of authorized capital stock of said corporation la the sum of fifty thousand dollars ($50,000) divided into five thousand (5,000) shares of the par value of ten dollars each, all of which, as your orator is informed and believes and charges the fact to be, has been subscribed and paid for in cash; and your orator on or about June first, 19.., purchased one thousand shares of said corporation, paying therefor the sum of ten thousand dollars ($10,000), and as your orator is Informed and believes and charges the fact to be, the remain- der of the capital stock of said corporation is held as follows: CD 1,500 shares E. F 500 shares G. H 500 shares I. J 1,000 shares K. L 1,000 shares III. The said C. D. has been president and general manager of said corporation since its inception; E. F., vice president, and K. L., secre- tary and treasurer, and the said C. D., E. F. and K. L. have also con- stituted the board of directors during that time. IV. The assets of said corporation consist of (here describe assets in detail and give value) ; and your orator avers that for the past two years said corporation has been doing a large and prosperous business, so that the receipts from its total output have averaged yearly the sum of dollars ; and that there has been no demand in the business for any unusual expenditure of moneys in the way of improvements, betterments, developments or experimentation, and that said business if properly managed should show large gains and profits to be dis- tributed as dividends among the stockholders of said corporation, but your orator avers that no dividend has been paid, no funds are on hand with which to pay the same, and on the contrary said corporation has not sufficient funds on hand to meet the indebtedness outstanding now due and is rapidly becoming insolvent. V. On information and belief, your orator avers that from the incep- tion of said corporation the aforesaid C. D., E. F. and K. L., as officers and directors of said corporation, have fraudulently and designedly conspired together to run and operate said corporation for their own personal benefit and to the detriment of your orator, the minority stockholders and the creditors thereof; that they have voted large and enormous salaries to themselves as officers and directors, to-wit; the sum of ten thousand dollars per year each; and they have (here set forth in detail various acts of fraud and mismanagement relied upon). VI. Because of the various acts of the said officers and directors and of the various facts heretofore alleged herein, it is absolutely neces- sary for the preservation of the assets of said corporation, that a receiver thereof be forthwith appointed by this Honorable Court, and that the said C. D., E. F. and K. L. be restrained from in any way CREDITORS' AND STOCKHOLDERS' BILLS 129 disposing of the assets of said corporation, or mortgaging or incum- bering tlie same and from hereafter in any way interfering with the management of said corporation and in attempting to exercise the duties of their respective offices. 1. Forasmuch therefore as your orator is without remedy in the premises except in a court of equity, he prays: (Prayer for answer.) 2. That the said C. D., E. P. and K. L. render an account of all of the moneys, property and assets of said corporation which have come into their hands during their term, both as officers and directors thereof, be required to account for and pay over unto said corporation all the funds thereof which this Court may find to have been appro- priated by them to their own use, and be further required to sur- render to said corporation such moneys as they have unlawfully and fraudulently voted to themselves as salaries for their respective offices, and that the said defendants be respectively decreed to pay whatever amounts this Court shall determine to be due from them to said cor- poration, and that they be removed from their offices as president and general manager, vice president, and secretary and treasurer respect- ively, and as directors of said corporation and be permanently re- strained from further performing any of the duties in respect to said offices. 3. That in the meantime some proper person be appointed by this Honorable Court as receiver of said corporation with authority to take possession of and assume charge of all of the assets of said corporation subject to further order of this Court; that a decree may be entered herein dissolving said corporation, that its assets be liquidated, and that the proceeds thereof after payment of all creditors, may be distributed pro rata among its various stockholders. (Add prayer for general relief.) (Verification.) NEW HAMPSHIRE Form No. 118 (a) CREDITOR'S BILL TO SET ASIDE FRAUDULENT CONVEYANCE is (Title and Commencement.) 1. Before October, 19.., the defendant, C. D., became indebted to the plaintiff, A. B. (here insert nature and cause of indebtedness, 'Which in this case was on a judgment). 2. Said A. B. by writ dated November 18th, 19.., on the 28th day of November, 19. ., caused a certain tract of land (here insert descrip- tion of land) to be attached as the property of said C. D. 3. The said premises attached on said writ are the same as deeded by said C. D. to one E. F. by deed acknowledged December 27th, 19. ., as appears of record in the Merrimack county registry of deeds, volume page and on the same date deeded by said E. F. to said G. H. as recorded in said registry at the same time of the deed to said E. P.; and the plaintiff avers that the aforesaid conveyance by 13 The above form, although obtained from the practice of New Hampshire, is available for use in general chancery practice. See also Form No. 102, ante, p. 102. 130 EQUITY FORMS said C. D. to the same E. F. and by said E. F. to said G. H. was with- out consideration and fraudulent as to its contents and that it was made for the purpose and with the intent of hindering, delaying or preventing this claimant, who was a creditor at the time of the afore- said conveyance, from attaching said property or levying upon it and getting his pay out of it. 5. The said C. D. has no other visible property upon which to levy and collect said judgment. G. The said real estate if of great value, to-wit, ?4,000.00. 7. The aforesaid writ of said A. B. was entered at the March term of the Superior Court for Hillsboro county, 19 . . , and was defaulted and continued for judgment. 8. The deeds aforesaid by which the title appears to be in the said G. H. are a cloud upon the title and an obstruction and prevention to the said A. B. properly and safely to levy his execution upon said premises and set off the said real estate or sell the same to satisfy his said judgment. Wherefore he prays that said deeds by said C. D. and E. F. may be declared void as to the lien or attachment and levy of said A. B. upon his aforesaid claim; and for such other relief as may be just. Form No. 119 (b) MINOEITY STOCKHOLDERS' BILL AGAINST THE COEPORA- TION, ITS DIRECTORS, AND ANOTHER CORPORATION i* (Title and Commencement.) 1. The complainants are stockholders in said N. corporation, hold- ing in their own right respectively shares of the capital stock of said N. corporation as follows: Said A. B. 110 shares, and said C. D. 117 shares thereof; and they make this complaint and petition as well for and in behalf of all other stockholders of said N. corporation who object to, dissent from, protest against, or are dissatisfied with the action, proceedings and conduct of said N. corporation and its said directors and the said B. corporation hereinafter set forth as the sub- ject matter of this complaint and petition, as in behalf of themselves. 2. (Here follow allegations that said directors, without complain- ants' knowledge or consent, and contrary to law, agreed fo lease the N. corporation to the B. corporation for ninety-nine yearfe; said directors voted to call a stockholders' meeting to take action on the lease, and at the stockholders' meeting in spite of the complainants' objections, pereons holding a majority of the stock represented at the meeting voted to confirm the lease and to authorize the officers to do whatever should be necessary to carry the vote into effect; said direc- tors have executed a ninety-nine years' lease, and the B. corporation is assuming to exercise possession, ownership and control of the N. corporation by virtue of the lease; the lease deprives the N. corpora- tion of all vitality as a corporation, and its purpose is to compel the complainants to accept a mere annuity for their property and interests in the N. corporation, and thereby deprive them of property without due process of law.) 14 The above form, although obtained from the practice of New Hampshire, is available for use in general chancery practice. CEEDITORS' AND STOCKHOLDERS' BILLS 131 Wherefore the complainants pray: 1. That said B. corporation, its agents, servants and employees may be forever enjoined from using, operating or managing the prop- erty or franchises of said N. corporation under said grant, lease and demise. 2. That said N. corporation and its said directors be ordered to resume the control, management and operation of the property and franchises of said N. corporation in accordance with the charter of said corporation and the public laws of New Hampshire. 3. That in the meantime pending litigation upon this complaint and petition a receiver or receivers, special trustee or trustees be ap- pointed by the Court to take the control, management and operation of said property and franchises of said N. corporation under the super- vision of the Court, or that said directors be commanded in the mean- time pending litigation upon this bill to take control of said property and franchises of said N. corporation in accordance with the charter of said corporation and the public laws of New Hampshire. 4. That an accounting be ordered to ascertain the earnings and property of said N. corporation, which have gone into the hands and possession of said B. corporation, and that said B. corporation be ordered to pay over to said N. corporation such earnings, funds or other property of said N. corporation as may be found in its posses- sion on such accounting which have come to its possession by virtue of said grant, lease and demise. 5. And for such other, further or different relief as may seem just and proper to this Honorable Court. (Verification.) NEW JERSEY Form No. 120 (a) CREDITOR'S BILL TO SET ASIDE FRAUDULENT CONVEYANCE is (title and Commencement.) 1. On or about the day of 19 . . , A. P. of was seized and possessed in fee simple of all that tract of land (give description) . 2. On or about the day of 19 . . , the said A. P., being justly indebted to the plaintiffs in the sum of dollars and upwards, the plaintiffs then commenced an action upon contract against the said A. P. for the recovery of the said debt and interest thereon, in the Circuit Court of county, and such proceedings were thereupon had in the said suit that afterwards, to-wit, on the day of 19 . . , the plaintiffs recovered a judgment against the said A. P. for the sum of dollars, as by the record of the said judgment now remaining in the ofSce of the clerk of the said court, reference thereto being had, will more fully and at large appear. 3. For the purpose of obtaining satisfaction of said judgment, the 15 The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. 132 EQUITY FOEMS plaintiffs caused to be issued thereon out of said Court a writ of fieri facias, on the day of 19. ., returnable on the day of , then next, which writ, having been first duly recorded, was delivered to the sheriff of the said county of , to whom it was directed, and thereby he was commanded (summarise provisions of the writ). 4. The said sheriffs of said county, being unable to find any goods and chattels of the said A. P. whereon to levy and make said judg- ment, levied upon the lands hereinbefore described as the property of said A. P., as by the writ of execution and the record thereof, and the return of said writ thereon endorsed, m the ofiace of the clerk of the said Circuit Court of Hudson county aforesaid, reference being there- unto had, will more fully and at large appear. 5. The said A, P., being so seized and possessed of said lands as aforesaid, which are of the value of dollars and upwards, afterwards, at or about the dates and by the pretended deeds and mort- gage hereinafter mentioned, and after the said debt so due the plain- tiffs had accrued and become due and payable, and in order to secure the said property for his own use and benefit, and protect It from the said claim of the plaintiffs, and prevent the plaintiffs from collecting their said debt, combining and confederating with the persons herein- after named, and with divers other persons whose names are at pres- ent unknown to the plaintiffs, but whose names when discovered they pray may be inserted herein, with proper words to charge them as de- fendants hereto, and contriving to defraud the plaintiffs, did by deed dated the day of 19 . ., and recorded in book of deeds for county, page , pretend to convey the said land to one A. T., and the said A. T., by deed bearing date the same date last aforesaid, pretended to convey the same tract to one I. J. E. P. for the nominal consideration of one dollar, which last mentioned deed was recorded in book of deeds for said county, page ; and the said I. J. E. P. in further execution of said fraudulent design by indenture of mortgage dated the day of 19. ., pre- tended to convey by mortgage the said lands to one C. G., which mort- gage is recorded in book of mortgages for said cotmty, page And the plaintiffs are informed and believe and therefore expressly charge that no consideration whatever was paid for any of the said conveyances, and that the said A. P. has always received the rents and profits of said lands as fully to all intents and purposes as before the execution of said pretended conveyances. 6. The plaintiffs have frequently in a friendly manner applied to the said A. P., I. J. E. P. and C. G. to pay the said judgment or to cancel and surrender the said fraudulent conveyances and mortgage or to reconvey or cause to be reconveyed the said premises to the said A. P., so that they may be sold imder the said execution for the satis- faction of the said judgment and a good and clear title given therefor to the purchaser thereof, as in equity and good conscience they ought to have done, and as the plaintiffs well hoped they would have done, but which they wholly refuse to do. In consideration whereof (etc., as in New Jersey "formal parts to bills," ante, p. 11). 1. (Prayer for answer.) CREDITORS' AND STOCKHOLDER^' BILLS 133 2. That they may set forth and discover the real estate belonging to the A. P. and conveyed as hereinbefore mentioned, and what dis- position has been made of or encumbrance put upon the same, fully and particularly, and in whose possession said real estate has been since , 19 . . , and whether the same is encumbered, and if so in what manner, in whose favor, by whom and to what amount, and whether such conveyances as before mentioned were made of the said real estate, and if so, for or upon what consideration, and to whom, when and by whom, the same was paid, and who has possessed and occupied said premises, and received the rents, issues and profits thereof since the alleged or pretended conveyances thereof; 3. That the said defendants or some of them may be decreed to pay to the plaintiffs the full amount due and owing to them' on the said judgment, with the interest, costs and execution fees accrued thereon ; 4. That the said fraudulent conveyances, and all other fraudulent conveyances and encumbrances made, created or suffered between the said defendants and affecting the said lands, may be set aside and declared null and void; 5. That the said lands may be sold free, clear and discharged of the said fraudulent deeds and all other fraudulent deeds and encumbrances, ' under the said writ of execution or otherwise, and the proceeds thereof, or such parts of the same as may be necessary, may be applied to the plaintiff's said judgment. {Add prayers for general relief, and for process.) Form No. 121 (b) MINORITY STOCKHOLDERS' BILL is (Title and Commencement.) 1. The plaintiff sues in behalf of himself and all other stockholders of the L. H. E. Co., a corporation incorporated under the general law of this state by certificate of incorporation filed in the office of the secretary of state on the day of , 19 . . , who may come in and contribute to the expenses of this suit. 2. The objects of the incorporation stated in said certificate of incorporation were (state in brief provisions of the certificate as to objects, amount of capital stock, number of shares, par value, amount with which business was commenced, date of commencing businessi, incorporators, registered office, etc.) and according to the statement signed by the president and secretary of said company and filed in the office of the secretary of state on the day of 19. ., the amount of capital stock then issued and outstanding was dollars, which stock is held as follows (give list of stockholders and num,ber of shares). 3. The plaintiff is now the owner of shares in said cor- poration and has been the owner of said shares for years last past. 4. At the annual meeting of the stockholders of said company held on day of , 19 . . , the following named were elected 16 The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. 134 EQUITY FORMS directors for the ensuing year (give list) and at the annual meeting of the directors held on the same day {give list of officers). 5. (Give allegations in regard to the personnel of the directors and officers, — that others are relatives of or subservient to A. L., who owns a majority of the shares, etc.) 6. From the year 19.., the company has been very prosperous in its business and has made net earnings available for dividends every year since that time to the present time; but no dividends have been ordered by the directors during the said period, although the plaintiff has frequently protested to the directors for their failure to order such dividends. 7. Although the plaintiff has on frequent occasions since , 19. ., requested the president and treasurer of the corporation to per- mit him to examine the books of the company during proper business hours, and although there is no provision in the articles of association, certificate of incorporation, or by-laws of the said corporation which allows the withholding from any stockholder of the company of an inspection of the books, such inspection has been at all times refused to him. 8. (State further respects in which the directors and other defend- ants have been acting improperly, as, by refusing to furnish plaintiff with a list of stockholders, or a financial statement of the company, by refusing to furnish such statement at the- annual meeting of the company on demand by the plaintiff, or statement of assets and liabil- ities, or of net profits of the company from year to year during the past years, by refusing to furnish information concerning the salaries of the officers of the company although the same was requested by the plaintiff at the annual meeting of the stockholders, who then stated, as the truth was, that he had no intention to divulge the information to outsiders or to embarrass the operation of the company; and state in detail the demand made by the plaintiff on the officers and directors of the corporation for the above information on a stated date). 9. For many years A. L. has been in charge of the business of the company, and the plaintiff having been refused access to the books of the company is unable to state with exactness what salary he has been receiving for his services, but he charges, upon information and belief, that the said A. L. is drawing from the funds of the company a salary greatly in excess of the fair value of the services rendered. On in- formation and belief, the plaintiff avers that the said payments for salary, so far as they exceed a fair value for the services rendered, were made without the consent of the stockholders, except only such stock- holders as received the said money or were under the influence of sucih stockholders; and that there is no provision in the certificate of incor- poration of the corporation, nor in any by-law of the corporation, which authorizes the directors thereof to refrain from declaring a dividend among its stockholders of the whole amount of its accumu- lated profits in each year, and that the said stockholders have not fixed any sum over and above the capital stock to be reserved as a working capital for the said corporation. 10. The plaintiff avers on information and belief that the said A. L., through (giving names) who are but nominal directors, has had entire control and management of the business of said corporation. CREDITORS' AND STOCKHOLDERS' BILLS 135 and has been and is applying the whole of the net earnings and ac- cumulated profits of said corporation for the seven years last past to the Increase of the fixed capital of the said corporation, and the plain- tiff charges that the surplus of said corporation is now greatly in 3xcess of one-half its entire capital stock paid or secured to be paid. And the plaintiff avers that the said directors have fraudulently re- fused to declare dividends out of the profits of the company, not only for the purpose of depriving him of his share of the profits, and to compel him to part with his stock in the company, but also that they intend to divert such profits as have been earned by the company over the amount which should be reserved as a working capital, by paying to themselves excessive salaries and improper disbursements. In consideration whereof {etc., as in New Jersey "Formal Parts to Bills," ante, p. 11). 1. (Prayer for answer.) 2. That the fair value of the services of the said (.naming officers) may be ascertained by this Court, and that the said corporation may be restrained from paying, and the said officers and each of them may be restrained from receiving more than the fair value of their services. 3. That the said (naming them) may be directed to account to the company for the moneys heretofore received by them in excess of the fair value of the services rendered by them to the company. 4. That the said company and its directors may be decreed to de- clare a dividend among its stockholders of the whole amount of its accumulated profits earned by it for the past seven years, or such part thereof as to this Court may appear just, and to pay the same to the stockholders on demand. (Add prayers for general relief and for process.) (Verification.) PENNSYLVANIA Form No. 122 (a) CREDITOR'S BILL TO SET ASIDE FRAUDULENT ASSIGN- IMENT OF LEASE n (Title and Commencement.) 1. By an indenture of lease bearing date the day of , 19. ., one G. H. demised unto the defendant, C. D., a certain tract of ten acres of land with the appurtenances situate in , for the term of six years then next ensuing, subject to the yearly rent of $ , payable semi-annually, as in and by the said indenture of lease now in the possession, custody or control of E. F., the other defendant herein, would if the same be produced by him fully appear. 2. On or about the day of 19 . ., the said C. D., being unable to pay his creditors the several sums owing by him to them respectively, and being about to file his voluntary petition in bankruptcy under the United States Bankruptcy Act of July 1, 1898, concerted and agreed with the said E. F. to assign to him the said indenture of lease for a nominal sum and the said C. D. accordingly 17 The above form, although obtained from the practice of Penn- sylvania, is available for use in general chancery practice. 136 EQUITY FORMS caused an assignment thereof to be prepared and the same was there- upon executed by the said C. D. to the said E. F. and delivered to him on or {ibout the day of , 19 • .. shortly after which date the said E. F. took possession of the said premises and still remains in possession thereof. 3. The consideration named in said assignment was as your orator is informed and believes the sum of twenty-five dollars or thereabouts, which sum be is likewise informed and believes was paid to the said C. D. by the said E. F., the said assignment being concerted between them in fraud of the just creditors of the said C. D. to prevent them from having the benefit of said lease and in order that the said E. P. might hold the same in trust for the said C. D. or some one of his family or for the joint benefit of the said C. D. and the said E. F. 4. On the day of 19.., the said C. D. filed his petition in bankruptcy in the Court, and thereupon was on the day of , 19 . ., duly adjudicated bankrupt, and sub- sequently on the day of 19. ., your orator was duly appointed trustee in bankruptcy of the estate of. the said C. D. and has duly qualified and is now acting as such trustee, all of which will by the record of said proceedings appear. 5. Your orator has by himself and others repeatedly applied to the said E. F. for the surrender to your orator of said assignment to be cancelled and also of said Indenture of lease in order that he may dis- pose of the same for the benefit of the creditors of the said C. D., which the said E. F. absolutely refuses to do. 6. The said E. F. well knew or had cause to know at the time of the said assignment that said C. D. was in embarrassed circumstances and said E. F. accepted the said assignment with the view of with- holding the said lease from the creditors of the said C. D. to the ad- vantage of the said C. D. or of some member of his family. Wherefore your orator needs equitable relief and prays: 1. That the said assignment of the said lease be declared to be void and fraudulent against your orator and the creditors of the said C. D. and that the said E. F. may be directed to deliver up the same to be cancelled and also to deliver up to your orator the said indenture of lease. (Add prayer for general relief.) Form No. 123 (b) MTNOEITY STOCKHOUJEES' BILL is (Title and Commencement.) 1. On the day of A. D. 19 . . , the X. Company was duly incorporated for the purpose of (state purposes; etc.). A copy of the charter of said company is hereto attached, marked "Exhibit A" and made part hereof. 2. Your orator is the holder of shares of the common stock of said company. 3. On the day of , A. D. 19. ., the following officers 18 The above form, although obtained from the practice of Penn- sylvania, is available for use in general chancery practice. CREDITORS' AND STOCKHOLDERS' BILLS 137 of said corporation were elected, viz.: {names and titles) to serve for ensuing year. 4. The directors of said corporation are (names), who were elected on the day of , 19 . . , to serve for the period of years, and during their incumbency have been guilty of fraud, gross neglect and inattention, palpable breach of trust, wilful and fraudulent mismanagement and malfeasance in the control of the affairs, interests and transactions of said corporation in this, to-wit, that the said directors have fraudulently loaned money of the said corporation, amounting in all to the sum of ? at divers times to themselves and for their own use on worthless securities for per- sonal gain, aggrandizement and benefit and in fraud of your orator's rights. (State details.) 5. The said directors refused to account for the said money thus misappropriated and improperly, fraudulently and unlawfully used though requested so to do by your orator. (State details of the demand.) 6. The said officers have connived and assisted the said directors in the commission of the fraud hereinbefore charged. Therefore your orator needs equitable relief and prays: First. For an injunction preliminary until hearing and final there- after enjoining and restraining the said corporation and the officers and directors thereof from disposing of the assets of said defendant corporation. Second. That the said directors individually account for and pay to all moneys loaned by them without authority. Third. That a receiver be appointed to take charge of the assets and property of said company. (Add prayer for general relief.) RHODE ISLAND Form No. 124 (a) BILL BY TRUSTEE IN BANKRUPTCY TO SET ASIDE PREFERENCE AND FRAUDULENT CONVEYANCE la (Title and Commencement.) 1. On the day of , A: D. 19. ., the defendant, C. A. S., was adjudicated a bankrupt by the District Court of the United States for the district of Rhode Island, on an involuntary petition filed against him on 19 . . , and on the day of , 19. ., the plaintiff was duly appointed and has duly qualified and is now acting as trustee in bankruptcy of the estate of said C. A. S. 2. Within four months prior to the filing of said petition in bank- ruptcy, said C. A. S., on the day of , A. D. 19. ., was the owner of the following described real estate (here insert descrip- tion) . Said property was of great value, to-wIt, of the value of dollars. And on the said day of A. D. 19. ., the said C. A. S. had certain moneys on deposit with the said Trust 19 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 138 EQUITY FORMS Company, said moneys being of great value, to-wit, of the value of 3. On said day of , said C. A. S., being then in- solvent, did make a certain transfer and conveyance of said real estate to the defendant, M. M., all of which appears by certain deeds of con- veyance dated the 30th day of September, 19.., and recorded in the land records of said town of on the day of , 19. ., in book No , at pages respectively, which said day of was within four months of the time of the said filing of the aforesaid petition in bankruptcy, attested copies of said records and of said deeds of conveyance to be here in Court pro- duced; and did make, on the said day of , 19 . ., a certain assignment and transfer of the moneys deposited with said Trust Co. as aforesaid to said defendant M. M. 4. Said transfers, conveyances and assignments were made by said 0. A. S., with the intended purpose on his part to hinder, delay and defraud his creditors; to prefer an alleged creditor, said M. M.; and said transfers did in fact hinder, delay and defraud his creditors, and did prefer the said M. M. 5. The said M. M., at the time of the taking and receiving of said transfers, conveyances and assignments of said real estate and said money, knew, or had reasonable cause to believe, the said C. A. S. to be insolvent, and that said transfers, conveyances and assignments were made by the said C. A. S. with intent to hinder, delay and defraud his creditors and also with intent to prefer the said M. M., an alleged creditor. 6. The said property so conveyed and transferred as aforesaid is not exempt under the laws of the state of Rhode Island from attach- ment and execution for the debts and liabilities of said bankrupt. 7. The complainant has caused written demand to be made upon said Trust Co., for the payment to him of the money deposited as aforesaid, and a further demand upon said defendants, C. A. S. and M. M., for the conveyance to him, as trustee as aforesaid, of the real estate above described and also of the moneys deposited as afore- said in said Trust Co., and the defendants have neglected and refused, and still neglect and refuse, to comply with said demands. 8. Your complainant is informed and believes that the said M. M. intends to get control of said money so deposited with said Trust Co., by legal process or otherwise, under and by virtue of the assignment of said moneys given to him by said bankrupt. Wherefore, your complainant prays that said transfers, convey- ances and assignments as above set forth may be decreed by this Court to be invalid and void with respect to this complaint; that the com- plainant be decreed the owner of said real estate and money or deposits as aforesaid, as assets of the estate of said bankrupt; that the said defendants, by an order and decree of this Court, be prohibited from exercising any acts or control over said property whatsoever; that the said defendants, C. A. S. and M. M., may be ordered and decreed by this Court, to make, execute and deliver to this complainant a suf- ficient conveyance of said real estate, and a sufficient assignment of said moneys deposited with said Trust Co. ; that an account may be taken of the rents and profits which said respondents have CREDITORS' AND STOCKHOLDERS' BILLS 139 received from said property so transferred, conveyed and assigned, and that they may be ordered to pay over such rents and profits to this complainant; that said S. and M. be charged for their joint and several use and occupation of said land, and that an account be taken of the sum or sums of money for which they, or either of them, are chargeable therefor. (Add prayers for general relief, for process, and for injunction.) (Verification.) Form No. 125 (b) MINORITY STOCKHOLDERS' BILL 20 (Title and Commencement.) 1. The defendant, N. P. Company, was duly organized on the day of , under an act of incorporation passed by the General Assembly of the state of Rhode Island at its June session, A. D. 18 . . , a copy of which charter is hereunto annexed and marked "Exhibit A." 2. Your orator is the owner of 54 shares of the capital stock of said company, and brings this action for himself as such shareholder, as also for such other shareholders as may become parties to this bill. The various defendants are owners of said capital stock of said company as follows: (Insert list.) 3. Until the day of , defendants G. H. R. and J. A. R. held the majority of the capital stock of said corporation, but since said date they have transferred part of their holdings to the defendants (naming them), and your orator is informed and believes that said last named defendants are either the relatives or friends of said G. H. R. and J. A. R. or are associated with them in busi- ness or connected with or associated in branches of business, which said G. H. R. and J. A. R. control or direct, and that said conveyances of shares of the capital stock of said company were colorable only and were without consideration. 4. This complainant has attempted to attend several of the annual meetings of the said corporation that should have been held in accord- ance with the terms of the charter, but as to such of said meetings as were held, he was refused admission by the said G. H. R. and J. A. R. or their transferees, attorneys, or proxies. He has also many times, and from time to time, asked permission to see the books of said N. P. Company, that have been kept since , but until the day of , 19. ., he has invariably been refused by said corporation through its officers and agents, or by said G. H. R. and J. A. R., in consequence of which he has been unable to obtain any information as to the business or financial affairs of the said cor- poration as entered upon its books. 5. On or about the day of 19. ., your complainant was first accorded such an opportunity to examine the books of said company. He then learned that the balance to the credit of "Lease Account," so called on said books, is $13,000 (which means that the net amount collected from leases of the real estate of said corporation 20 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 140 EQUITY FOEMS since 19.. -is $13,000), while during said period the amount paid for salaries of president, treasurer and secretary is $14,700; that since the year 19 . . , to the time of said examination of said books, a period of more than eight years, there have been only four meetings of the stockholders or corporation, the last being , 19.., and but eleven meetings of the board of directors; that the journal kept by the treasurer shows only twenty-six entries during said eight years. A copy of the said journal is hereunto annexed marked "Exhibit B," and a copy of the cash book is also hereunto annexed, marked "Exhibit C." A principal part of the duties of the treasurer has consisted in collecting the rents due to the said corporation under the leases of its real estate, and there being no buildings of said corporation on said leased premises, this duty is of a very easy nature. This complainant is informed and he believes that the percentage paid for the collection of rents in the Immediate neighborhood of this land, does not exceed 5 per cent upon the amount collected, and that real estate agents of known probity and ability living at N. P., where the land of the respondent corporation is situated, stand ready to collect the rents due to defendant corporation for a percentage of 5 per centum or even less, upon the amounts they may collect. A list of the outstanding leases of the defendant corporation, of the rents due under each, when due and of the time when each was executed and when it expires, is annexed hereto, marked "Exhibit D." And this complainant avers that the charges made for services rendered and the payments made for such services since said , to the president and treasurer or secretary of said corporation for the time being, as the same appear upon a proper accounting in this case, are a fraud upon the rights of the said corporation and of this complainant, and that the said G. H. R. and J. A. R. and their transferees of shares of the capital stock of the respondent corporation, ever since have conspired together to absorb the rents and profits of the said defendant corporation by paying them- selves salaries large enough to swallow up the said rents and profits in order to deprive this complainant of any benefit he might derive from the ownership of said shares; and that the charges made and the payments made for said services during said period of time, are excessive and exorbitant, arid out of all proportion to the value of the services rendered or the amounts collected. 6. The said defendants (naming them) compose the present board of directors of said corporation and control its management, so that application to the said directors to bring this suit would be useless. To the end that the said defendants (naming them) may severally to the best of their respective knowledge, information and belief, full, true, direct and perfect answers made to all and singular the matters aforesaid, but not under oath or affirmation, which is hereby expressly waived; and that the said defendant stockholders may, each one of them, come to a fair and just account with the said N. P. Company, and with this complainant concerning the moneys as aforesaid paid to, or had or received by them as hereinbefore stated and charged; and that each of said respective stockholders, respectively, may be ordered and decreed to pay over to the said N. P. Company and to this com- plainant, such sums of money, as aforesaid, as by such accounting shall be found to be justly due or belonging to the said N. P. Com- CREDITORS' AND STOCKHOLDERS' BILLS 141 patty or this complainant, and to make such transfers of such shares of capital stock of the said N. P. Company belonging to them respect- ively as aforesaid, as shall be necessary in order fully to protect the rights of the said defendant corporation and of this complainant in the premises; and that the amounts so ascertained to be due as aforesaid, be adjudged and decreed to be a lien and charge upon the shares of the capital stock in the said N. P. Company, owned or held by the said defendant stockholders or that are standing In their name or names respectively on the books of the said corporation; and that on default in the payment of such moneys so found due as aforesaid, all said shares of stock shall be sold under the direction of this Honor- able Court, for the payment of what may be found to be due to the said N. P. Company or to this complainant or to other such com- plainants, according to equity and good conscience; and that the defendant stockholders, their respective agents and servants, be re- strained from selling, assigning, transferring, pledging or otherwise encumbrancing any of their said shares of the capital stock in said N. P. Company owned or held by or for them or any one of them upon the books of the said N. P. Company; and that said N. P. Com- pany, its, officers, agents and servants, be restrained from suffering or permitting any shares of the capital stock of said corporation so owned or held by or for the said defendant stockholders or any one of them on the books of the said corporation, to be assigned, trans- ferred, pledged or otherwise encumbered. (Add prayers for general relief, for process, and for injunction.) (Verification.) WEST VIRGINIA Form No. 126 CREDITOR'S BILL TO SET ASIDE A FRAUDULENT CONVEYANCE 21 (Title and Commencement.) 1. On the day of , 19 . ., the defendant, J. S. C, made his certain promissory note in writing (description) ; all of which will more fully and at large appear by said promissory note with the said several endorsements thereon here filed as "Exhibit No. 1," and prayed to be read as part hereof. 2. The said plaintiff on the 3rd day of September, 19. ., recovered a judgment predicated upon said promissory note on the law side of the Circuit Court of county, against said J. C. for the sum of ? with interest thereon from said 3rd day of September, 19 . . , until paid, and costs thereof, amounting to $ , as will appear by a certified copy of said judgment herewith filed, marked "Exhibit No. 2," and prayed to be read as part hereof. Said judgment is still in full force and effect, and remains wholly unpaid and unsatisfied. 3. On the 18th day of August, 19.., the said defendant, J. S. C, 21 Miller vs. Cox, 38 W. Va. 747. This form slightly modified is used in Hogg's Equity Procedure, § 935. As here given some changes are made. The above form, although obtained from the practice of West Vir- ginia, is available for use in general chancery practice. 142 EQUITY FORMS was the owner in fee of a tract of land (.description), and on the 19th day of August, 19 . . , the said defendant, J. S. C, conveyed the said tract to said defendant, G. C. B., in trust, to secure unto the said defendant, M. J. C, the note of the said defendant, J. S. C, for the sum of I , payable in one year after the date thereof. 4. The plaintiff is informed and believes and upon such information and belief he charges that said defendant, M. J. C, was on the said 19th day of August, 19. ., and is now the wife of said defendant, J. S. C, and was his wife on the date when he acquired the said real estate. 5. Said conveyance of the 19th day of August, 19.., was and is wholly without consideration valuable in law, and was made by said grantor therein for the sole purpose of hindering, delaying and de- frauding his creditors, and especially to evade, hinder and delay the payment of said promissory note above mentioned, of which fraudulent intent the said M. J. C. then and there had notice, and which note was than a subsisting obligation against said defendant, J. S. C, and prior to the making of said deed of the 19th day of August, 19 . . , and was only made and caused to be recorded by said defendant some fourteen days before said judgment was rendered by the Circuit Court of said county of and his said suit in which such judgment was rendered was then pending therein. 6. The plaintiff is informed and believes and so charges upon such information and belief that the said J. S. C. did not owe to his said wife the whole or any part of the pretended debt mentioned in said deed of the 19th day of August, 19.., and pretended to be secured thereby to the said wife of the said defendant, J. S. C; that she owned no real estate at that date, and that said note mentioned and described in said conveyance of the said 19th day of August, 19.., is wholly without any consideration valuable in law; that said pretended indebt- edness from said defendant, J. S. C, to his said wife only purports to have been made on said 19th day of August, 19. ., and that said J. S. C. used the name of his wife to defraud his creditors, and especially to evade the payment of said promissory note, and that said M. J. C. has had no separate estate of any kind whatever, whilst she has been the wife of said defendant, J. S. C. The said plaintiff therefore prays that said deed of the 19th day of August, 19 . . , may be declared voluntary and void, and that the same be set aside; that said 125 acres mentioned therein be sold to satisfy the said judgment and the costs of this suit. (.Add prayer for general relief.) CHAPTER VII CREDITOES' BILLS TO REACH AND APPLY PROPERTY ILLINOIS Form No. 127 CREDITOR'S BILL TO REACH AND APPLY AN ANNUITY i {Title and Commencement.) 1. On or about the day of 18.., your oratrix recovered a judgment against the defendant, J. F. N., in the Circuit Court of said county for the sum of dollars and dollars costs; and the said judgment being wholly unpaid was renewed and revived at a term of the said Court begun and held at Chicago in said county on the of , 18... 2. After the renewal or revival of the said judgment, and the said judgment still remaining in full force and effect, not reversed, set aside, or in any part satisfied, your oratrix on the day of 18.., caused an execution to issue thereon directed to the sheriff of said Cook county, that being the county in which the said defendant then resided, to execute. The said execution was properly indorsed and delivered to the said sheriff on the day of 18.., and was by him returned "no property found and no part satisfied" on the day of , 18. .. No part of the said judgment has been paid and there is now due and owing to your oratrix from the said defendant the amount of the judgment, to-wit, the sum of dollars, with interest thereon at the rate of six per cent per annum from the day of , 18 . . . 3. The said defendant is wholly insolvent, as your oratrix is informed and believes, and has no estate, real or personal, upon which an execution can be levied. 4. A. E. N., the wife of the said J. F. N., died on or about the day of 18. ., testate; her will has been duly probated in the Probate Court of Cook county, Illinois, and letters testamen- tary thereof have been granted by the said Court to defendants, C. H. R. and N. A. P., and they have qualified as such executors and have taken upon themselves the settlement of the said estate. 5. By the said will the said deceased gave to the said J. F. N. an annuity for the term of his natural life of dollars to be paid 1 Based on bill in Requa vs. Graham, 187 111. 67. As to prayer and relief, see Rice Co. vs. McJohn, 244 111. 264. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 143 14-1: EQUITY FORMS quarterly to his order into the bank or some other bank in Chicago. 6. Your oratrix charges that the amount due and to become due upon the said annuity should in equity and good conscience be applied to the payment of the aforesaid judgment. Your oratrix therefore prays: 1. That the said J. F. N. and C. H. R. and N. A. P., as executors of the said will of A. E. N. and also in their own right, be made parties defendant to this her bill of complaint and that they make true and perfect answers to all of the allegations herein contained but without oath, their respective oaths being waived. 2. That the said executors state specifically the facts in regard to the annuity, if any part of it has been paid to the said N. or been deposited in any bank to his credit, and if any part of it has been paid or deposited then to state how much. 3. That an injunction issue herein directed to the said C. H. R. and N. A. P., prohibiting them and each of them from paying the said annuity or any part thereof, to the said J. F. N. or to any one else upon his order; and also prohibiting and restraining the said J. F. N. from selling or assigning the said annuity or any part thereof till the further order of this Court. 4. That a receiver be appointed under the rules and practice of this Honorable Court, in chancery, to receive the installments of the said annuity as the same become due and hold them subject to the order of this Honorable Court. 5. That upon the final hearing hereof the money due and to become due upon the said annuity be applied in payment of the aforesaid judgment. (Add prayers for general relief, for process, and for injunction.) (Verification.) MAINE Form No. 128 (a) BILL BY JUDGMENT CREDITOR IN BEHALF OF HIMSELF AND OTHERS AGAINST RAILROAD CORPORATION AND DIRECTORS, TO REACH AND APPLY FUNDS FRAUDULENTLY WITHHELD 2 (Title and Commencement.) 1. Prior to the first day of January, A. D. 18.., the defendant, Railroad Company, was duly chartered and organized under the laws of the state and operated a railroad, by it constructed under the provisions of its charter from a point near to the city of 2 Precedent under general chancery powers in Baxter vs. Moses, 77 Me. 465, where the bill was dismissed for want of allegation in return of nulla iona, which has accordingly been inserted in paragraph 9 and also an allegation as to judgment on the bonds in paragraph 7. See also Williams vs. Railway, 171 Mass. 61, for bill by judgment creditors to reach and apply earnings of railway. See also Dockray vs. Mason, 48 Me. 178; Dana vs. Haskell, 41 Me. 25. The above form, although obtained from the practice of Maine, is available for use in general chancery practice. BILLS TO BElCH AND APPLY PKOPBRTY 145 , and still operates the same through the said company or its lessees. 2. Upon said first day of January, A. D. 18.., the defendant, Railroad Company, duly issued its bonds, to the amount of two hundred thousand dollars, in several denominations, by the provisions of which the principal was payable at the office of the treasurer of said company, on the first day of January, A. D. 18.., in the stock of the company, at par, and the interest at the rate of 6 per cent thereon was payable semi-annually. 3. Said bonds remain unpaid undischarged in principal and interest to the extent hereinafter described, to-wit: (Insert statement). 4. The plaintiff is the owner of said bonds and coupons and has demanded of the said defendant railroad company, and said directors and treasurer, at the office of the treasurer of said company, the pay- ment of said bonds and coupons according to the terms and condi- tions of said Instrument, and offered to surrender said bonds iand coupons as required by the terms therein recited, and the payment of the other claims held by your complainant, and payment of said bonds and other claims was by said company, directors and treasurer refused, and the same have never been paid, or otherwise discharged, to the time of the making of this complaint,' but now remain in full force, and due to the plaintiff. 5. On the ........ day of , 18.., the plaintiff obtained judgment against said railroad company at the term of the Supreme Judicial Court within and for the county of Cumberland and upon said bonds and coupons, for the amount of dollars and cents, debt or damage, being the total amount called for by said bonds and coupons, and dollars and cents. costs of suit. 6. The ' plaintiff is a creditor of said defendant railroad company, beyond and beside the amount of said bonds and coupons, upon and to the amount of the following described claims, viz.: (Seven judg- ments). 7. Writs of execution were issued on each of said judgments includ- ing the judgments obtained on said bonds and coupons and those in addition thereto, dated respectively (giving dates) and all of said executions were placed in the hands of one A. B., an officer duly qual- ified to serve the same, who, after making a diligent search on the day of , 18. ., returned the same to Court in no part satisfied with his return thereon that he was unable to find any goods or chattels of the said company, in his precinct, wherewith to satisfy the same. 8. Defendants (naming them,) are directors of said Rail- road Company; said J. H. K. is president, and said G. C. M. is treasurer of said company. 9. Said persons have held said offices and trusts for a long time , heretofore, and as such trustees and officers have taken the income and profits of said railroad, and now hold large amounts of money on account of and belonging to said railroad. Said railroad company holds no other property than that so as aforesaid taken and held by said persons. 10. Said directors and treasurer have received large amounts of 146 EQUITY FORMS money belonging to said company, and have unlawfully and fraud- ulently distributed the same among themselves, and are still holding the same to an amount more than sufficient to pay the claims of-the plaintiff hereinbefore described, and all other lawful claims against said company, in fraud of the plaintiffs rights in the premises; and he cannot reach said funds by attachment, or any process in the courts of law, and is in danger of losing his whole claim and demand against said company by the fraudulent and unlawful acts and prac- tices of said directors and treasurer. 11. The plaintiff is informed and believes and therefore charges that the said directors and treasurer have received from the M. C. Railroad Company, a corporation existing imder the laws of this state, a large sum of money for the use and lease of said railroad of said defendant railroad company, to-wit: the sum of dollars, and now hold the same; that the particular days and times when so received, and the particular individuals of said board of officers to whom said sums were paid, he is unable now to state to the Court. 12. The plaintiff is informed and believes and therefore charges that said directors have fraudulently and without lawful authority distributed the proceeds of the same among themselves, and now withhold the same from the creditors of said defendant railroad com- pany, and in fraud of their rights in the premises. 13. The said defendants (.naming tJiew.) hold in their own names and under their control nearly all the stock of the defendant railroad company, to-wit, a much greater number than a majority in number of said shares, the exact number of which is to the plaintiff unknown, and they control the action of said company in their own interests and fraudulently combine against the interest of the creditors of said company, to withhold all the property so as aforesaid received, from the creditors of said company, and neglect and refuse to make any report or return of their doings and actings as said officers, and have so neglected for more than ten years last past, or to give any infor- mation of the financial condition of said company, although the plain- tiff has sought such information through process of this Court, and he cannot, by reason of their fraudulent and unlawful practices, obtain a satisfaction of his claims of the said company. 14. The plaintiff brings this bill in behalf of himself and all other unsatisfied creditors of said defendant railroad company, who shall come in and join in this bill, and by leave of Court become parties thereto. Wherefore the plaintiff prays: 1. That said defendants, each and all of them severally, be required to make full answer upon their several oaths to all the matters herein alleged. 2. That said directors may be held to account for all moneys and property by them or either of them received for and on account of said defendant railroad company, since the . . ... day of , 18.., and for all moneys and property belonging to said company, by them or either of them held on said day of , 18. ., to the end and that the same may be turned over to a receiver for such disbursement to the creditors of the company as they are entitled to have in the payment and extinguishment of their claims and demands. BILLS TO REACH AND APPLY PROPERTY 147 3. That your Honors will appoint a receiver to receive and dispose of such moneys and property and make such orders and decrees as shall be necessary to determine the manner and amount of disburse- ments to be made. 4. That your Honors will appoint a master to determine the amount due such creditors as may become parties to this bill. {Add prayers for general relief and for process.) Form No. 129 (b) CREDITOR'S BILL TO REACH AND APPLY PROPERTY WHICH CANNOT BE COME AT TO BE ATTACHED 3 ( Title and Commencement. ) 1. On the day of A. D. 19.., one J. H. C. was Indebted to the plaintiff in a large sum, for which the said J. H. C. had given said plaintiff his promissory notes. 2. On the said day of A. D. 19.., said J. H. C. conveyed to his wife, defendant M. A. C, all of his real estate and personal property, of the value of one thousand dollars and in con- sideration of said conveyance, said M. A. C. then promised the said J. H. C. that she would pay all of his debts, and there was no other consideration for said conveyance. 3. Said J. H. C. died on the day of , A. D. 19. ., and defendant W. F. C. was duly appointed and qualified as admin- istrator of his estate on the day of A. D. 19 . .. 4. On the day of , A. D. 19.., the plaintiff re- covered judgment in the Supreme Judicial Court, within and for said county of , against said W. F. C. and against the goods and estate which were of said J. H. C., deceased, for the sum of dollars, debt or damage, and dollars costs of suit, upon the aforesaid promissory notes. 5. Said M. A. C. sold and conveyed said real estate and personal property, and no part of the same has come to the hands and posses- sion of the administrator of the estate of said J. H. C, and said M. A. C. has neglected and refused to pay plaintiff's said debt or any part thereof, and there is now due on said judgment the sum of dollars. 6. After the decease of said J. H. C, said M. A. C. conveyed the real estate which was conveyed to her as aforesaid by said J. H. C, to defendant, R. E. P., in exchange for a certain lot or parcel of land situated in bounded as follows: (Description). 7. On the day of , A. D. 19. ., said M. A. C. sold and conveyed said last described parcel of real estate to said R. E. P., and on said day, took from said R. E. P., in part payment thereof, his promissory notes for the sum of dollars and as security for the payment of said notes, said R. E. P., on said day, made, executed and delivered to said M. A. C, a mortgage of said real estate, said mortgage being recorded in registry of deeds, book , page 8. Said mortgage and notes are still held by said M. A. C, and are 8 The above form, although obtained from the practice of Maine, is available for use in general chancery practice. 148 EQUITY FORMS still unpaid, and they are a part of the proceeds of the property con- veyed as aforesaid by said J. H. C. to said M. A. C. Wherefore the plaintiff prays: 1. That said mortgage and notes may be applied to the payment of his said debt. 2. That said M. A. C. may be ordered to assign and transfer said mortgage and notes to him in part payment of his' said debt. 3. That said R. E. P. may be ordered to pay the amount due on said mortgage and notes to the plaintiff in part payment of his said debt. (Add prayers for general relief and for process.) Form No. 130 (c) CEEDITOE'S BILL TO EEACH AND APPLY PEOPEETT WHICH CANNOT BE ATTACHED AND SEEKING TO HAVE ABSOLUTE DEED DECLAEED A MOETGAGE 4 (Title and Commencement.) 1. On the day of A. D. 19 . ., the defendant, C. M. F., at said by his promissory note of that date, by him signed, for value received, promised to pay to the plaintiff, or to his order, the sum of dollars, nine months after the date thereof at 2. Although often thereto requested, the defendant has not paid to the plaintiff, who is the holder of said note, any part of the sum due thereon, although it is now long since overdue. 3. On the day of , A. D. 19 . ., the said defendant, C. M. P., was the owner of a valuable tract of timber land in , bounded and described as follows: (Description). The said land had been operated by the said C. M. F. in the cutting and removing the timber therefrom from year to year. 4. In said lumber business the said defendant became indebted, in a manner and to an amount to the plaintiff unknown, to defendant, W. H. S., and on the said day of A. D. 19 . ., the said C. M. F. executed and delivered to the said S. a deed of warranty of the premises aforesaid, recorded in registry of deeds, book , page ; and on information and belief the plaintiff says that the said C. M. F. and the said S. then agreed that the said deed, although absolute in form, should be in fact security for said indebtedness and for other liabilities then incurred; and thereafter- wards the said land has been operated as before by the said C. M. F., and a portion of the net proceeds has been therefrom annually paid to said S. to reduce the indebtedness secured by said deed of warranty. 5. Said indebtedness is not yet paid in full, but the plaintiff is unable to state the amount thereof. And the plaintiff on information and belief avers that the said C. M. F. has made no conveyance of the right of redemption in said premises and he now holds the legal and equitable interest he had therein at the delivery of the said deed to S. 6. The plaintiff therefore alleges that the said C. M. F. is mort- * The above form, although obtained from the practice of Maine, is available for use in general chancery practice. BILLS TO REACH AND APPLY PROPERTY 149 gagor of said premises and the said S. mortgagee thereof, and that the same cannot be come at to be attached on writ or taken on execu- tion in a suit at law while the record title remains in the said S. Wherefore the plaintiff prays: 1. That each of said defendants may upon their oaths make full, true and perfect answer to all and singular the matters hereinbefore stated and charged as fully and particularly as if the same were here- inafter repeated and they were severally and distinctly interrogated in relation thereto, and specially answer the following interrogatories: First. State fully the agreements between you made relative to the conveyance of 19 . . . Second. State the present amount of the indebtedness with all just credits given, secured by the said conveyance, 2. That the said conveyance from C. M. F. to W. H. S. may be decreed to be a mortgage and that the conditions thereof may be determined and therein declared. 3. That the respective interests of the defendants in said premises may be determined and their legal and equitable titles therein be declared and decreed. 4. That an account may be taken of what is due upon and under the said conveyance of 19 . . . 5. That the amount due to the plaintiff from C. M. F. may be ascertained and determined and that the plaintiff may have judgment and execution therefor. 6. That to satisfy such judgment the plaintiff may take on execu- tion and sell the right, title and interest of said C. M. F. in said premises in the same manner as real estate attachable is taken and sold on execution, and with the same right of redemption in said debtor from such sale, such seizure and sale to pass to the purchaser the right, title and Interest decreed by this Court that the said C. M. F. has in such real estate, subject to said F's. right of redemption. 7. That the said S. may, during the pendency of this bill, be enjoined from making any transfer or assignment of any right, title or Interest, legal or equitable. In said premises. 8. That the said S. may be perpetually enjoined from transferring or assigning to any person any greater right, title or Interest, legal or equitable, than shall be decreed to be his in and to the said premises by final decree herein. (Add prayers for general relief, for process, and for injunction.) (.Verification.) Form No. 131 (d) BILL TO REACH AND APPLY AMOUNT DUE THE DEBTOR UNDER AN UNFINISHED CONTRACT WITH A MUNICIPALITY s (Title and Commencement.) 1. The plaintiff is a corporation duly created and existing under the laws of the state of Maine and located at Portland In said county and 5 The above form, although obtained from the practice of Maine, is available for use In general chancery practice. 150 EQUITY FORMS state, and engaged in the business of dealing in hardware, igill and contractors' supplies of all kinds. 2. The defendants for some time prior to the day of , A. D. 19.., were, and ever since have been copartners engaged as contractors in the business of building sewers and other structural work under the name and style of F. B. W. Company. 3. The said copartners on the day of , A. D. 19 . ., were, and still are justly indebted to the plaintiff in the sum of dollars, for dynamite, shovels, nails, and other contractors' supplies, purchased by said copartners aforesaid, from said plaintiff, which said merchandise and supplies were sold and delivered by said plaintiff to said copartners, between the dates of , 19.., and , of said year inclusive, as will more fully appear by the itemized account thereof to be produced in Court at the trial of this cause. 4. The plaintiff is informed, and believes, and therefore avers that the said copartners in the course of the conduct of their said busi- ness entered into a certain contract with said city of Portland to con- struct a sewer in that portion of said city known as East Deering, and commenced work under said contract, but that they have since com- mitted a breach thereof and abandoned said contract, and have wholly failed to perform the same, but that under the provisions of said con- tract the said city was entitled to withhold twenty per cent of each payment which from time to time became due said copartners for work performed by them under said contract to recompense said city of Portland and save it harmless from any and all loss or damage which it might be occasioned by any breach or failure to perform the condi- tions of said contract, and to provide the necessary funds with which to enable said city of Portland to complete said contract; and also in case of any such breach, it was further provided that the said city of Portland should thereupon be entitled to retain not only the total amount withheld and accrued under said provisions for the retention of twenty per cent of said installment payments, but also all sums which would otherwise have been due said copartners at the time of said breach; that the said city of Portland pursuant to said provisions has withheld and now retains by virtue of the same, a total sum of more than one thousand (1,000) dollars, which under the terms of said contract, it is authorized to apply toward the expense of com- pletion of the same, or to recompense itself for any loss or damage occasioned thereby, and that any excess over and above the amount necessary for such completion, or reimbursement for loss or damage, will then become due and payable to said copartners. 5. The plaintiff, upon information and belief, further avers that said sum of one thousand dollars or more, is more than the amount which will be required by said city of Portland to complete said con- tract, and to recompense itself and save itself harmless from any loss or damage by reason of said breach of same, and that there will be an excess remaining, the amount of which is to the plaintiff unknown and which cannot be ascertained or predetermined at the present time, but which will ultimately after the completion of said contract as aforesaid, become due and payable to said copartners and BILLS TO REACH AND APPLY PROPERTY 151 ■which the plaintiff will therefore be equitably and justly entitled to have applied in satisfaction of its said claim and account. 6. There is no definite sum now fixed and determined as due absolutely to said copartners from the said city of Portland, or which is ascertainable as due and owing from said city of Portland to said copartners at the present time; nor can it be ascertained or pre- determined at the present time just what excess over and above the amount necessary to complete said contract there will be and therefore what sum will ultimately become due said copartners from said city of Portland, so that said funds in the possession and control of said city of Portland which will ultimately become due said copartners cannot at the present time be come at to be attached on writ by trustee process or otherwise or taken on execution in a suit at law, and the plaintiff has no adequate remedy at law in the premises. Wherefore the plaintiff prays: 1. That an accounting may be had of the amount required to be expended and actually disbursed by said city of Portland in the com- pletion of said contract, and to recompense itself for any loss or dam- age by reason of said breach of contract, and of the excess and balance remaining over and above said amount so expended and disbursed which would be due and payable from said city of Portland to said copartners. 2. That said city of Portland may be declared trustee for the benefit of the plaintiff of said sum so found remaining due to said copartners from said city of Portland, and that said city of Portland may be ordered and directed to pay over said sum, or such portion of the same as may be necessary, to the plaintiff in satisfaction of its said claim and account. (Add prayers for general relief and for process.) MASSACHUSETTS ^ Form No. 132 BILL TO REACH AND APPLY A PATENT RIGHT (.Title and Commencement.) 1. The A. T. D., hereinafter called the complainant, is a corpora- tion duly organized under the laws of the state of New York. 2. The K. I. C. Company, hereinafter called the defendant, is a cor- poration duly organized under the laws of this commonwealth. 3. The defendant is indebted to your complainant in the sum of dollars as represented by a judgment of the Municipal Court of the city of Boston in favor of said complainant and against salfl defendant for said sum; and said defendant has always refused to The above form, although obtained from the practice of Massachu- setts, is available for use in general chancery practice. See also substantial allegations and prayers of creditors' bills in following cases: McMahon v. Gray, 150 Mass. 289, bill to reach and apply wife's right to have dower assigned, sustained on demurrer; Thayer v. Daniel, 113 Mass. 129, to reach judgment due the debtor; Wilson V. Martin-Wilson Co., 149 Mass. 24, to reach letters patent belonging to Maine corporation; Lord v. Harte, 118 Mass. 271, to reach money due debtor under royalty contract. 152 EQUITY FORMS pay said sum thougli often demanded. The complainant has made diligent search and has been unable to discover any goods or estate of the respondent, which can be come at to be attached to secure the complainant's claim. But the complainant is informed and believes and therefore alleges that the defendant is the owner of a one-half interest in the invention for the improvement of a carburetor described in serial No filed , 19. ., In the patent office of the United States at Washington, D. C, made by J. C. K. and assigned by him to said defendant, said Kennedy having made application for letters patent of the United States therefor. Wherefore the complainant is entitled in equity to each and apply to the payment of his claim against the said defendant, the defendant's interest in said Invention made by J. C. K., and prays: 1. That its claim may be established and that there may be a decree that the defendant pay said sum so established to the com- plainant. ' 2. That a receiver be appointed to take possession of the interest of the defendant in said invention described in serial No , and sell the same and apply the proceeds to the payment of the com- plainant's claim. 3. That an injunction be issued directed unto the K. I. C. Company, its officers, agents and servants to restrain it and them and each of them from selling, assigning, disposing of or interfering in any manner with the rights or interest of said respondent to the said invention made by J. C. K., described. in serial No (.Add prayers for general relief, for process, and for injunction.) (Verification.') MICHIGAN 7 Form No. 133 CREDITORS' BILL FOE DISCOVERY OF PROPERTY AND TO REACH AND APPLY (Title and Commencement.) 1. Your orators are, and for years now last past, have been partners doing business under the firm name of A. H. and Co., at aforesaid, and heretofore and .on the day of A. D. 19.., they recovered a judgment in an action of as- sumpsit in the Circuit Court for the county of , against one J. B., then of , as defendant, for the sum of dollars damages, and the costs of suit, which costs were afterwards and on the day of , A. D. 19 . . , duly taxed at the sum of dollars as by the record of the said judgment now remaining in the record and files of the said last mentioned Court, and whereunto reference is prayed, will fully appear. 2. Afterwards on the day of A. D. 19 . . , the said judgment then being and remaining of full force and effect, your orators, for the purpose of obtaining satisfaction thereof, procured to be issued out of and under the seal of the said last mentioned Court 7 The above form, although obtained from the practice of Michigan, is available for use in general chancery practice. BILLS TO EBACH AND APPLY PROPERTY 153 a certain writ of fieri facias directed to the sheriff of the county of , that being the county wherein the said J. B. then resided, ■by which said writ the said sheriff was commanded {summarize pro- visions of the writ). 3. The said writ of fieri facias, before the delivery thereof was duly endorsed according to law and was afterwards and on the day of , A. D. 19. ., delivered to the said sheriff to be by him executed in due form of law. 4. Afterwards and on the day of A. D. 19 . . , the said sheriff returned the said writ of fieri facias to the said last mentioned Court wholly unsatisfied with a return endorsed thereon and signed by the said sheriff, that (set out the return of the sheriff) as by the said writ of fieri facias with the said return of the said sheriff thereon endorsed now on file in the office of the Clerk of the Circuit Court for the county of , whereto reference is prayed, will fully appear. 5. The said judgment is and remains in full force and effect, not reversed, set aside, satisfied nor otherwise vacated, and there is now actually, justly, and equitably due to your orators thereon the sum of dollars, together with interest thereon, from the date of the rendition thereof, over and above all legal and equitable claims and demands of the said J. B. by way of set-off or otherwise. 6. Your orators are informed and have reason to believe and do believe that the said judgment debtor, J. B., has equitable interests, things in action and other property exceeding one hundred dollars in value which they are unable to reach by execution, and they are informed and believe and charge the truth to be that the said judg- ment debtor, J. B., has a considerable amount of money, and of legal and equitable debts, claims and demands due to him from different persons whose names are unknown to your orators, and that he, the said J. B., has a large amount of real estate leasehold interests, con- tracts for land and other interests, legal and equitable, in real estate, stocks of different kinds, securities, promissory notes and other evi- dence of debt, boats, vessels, money and other personal property, either in possession or held in trust for him (exclusive of such trusts as may have been created by, or the fund held in trust have proceeded from, some person other than the said J. B.), the situation, value and par- ticulars of which are unknown to your orators, and which ought in justice and equity to be applied to the satisfaction of the said judg- ment; and your orators have good reason to fear and do fear that the said J. B. will make away with the same or place the same beyond the control of this Court. 7. Your orators aver that this bill of complaint is not exhibited by collusion by the defendant, nor for the purpose of protecting the property or effects of the said judgment debtor against the claims of other creditors, but for the sole purpose of compelling payment and satisfaction of your orators' own debt. I. To the end, therefore, that: (Prayer for answer.) II. That the said defendant may answer and set forth all the estate, real and personal, of every description, goods, chattels, money, book accounts, promissory notes, bonds, mortgages, securities, evi- 154 EQUITY FORMS dences of debt, and choses in action belonging to the said J. B., or wherein he had any interest, legal or equitable, as well at the time of filing this bill of complaint as at the time of issuing said writ of fieri facias, whether standing in his name or in the name of, or in the hands of any other person or persons, for his use or in trust for him, either expressed or implied, and what disposition has been made of the same respectively, and when, and the amount, condition, situation, and value of each of them, and the names and residences of the debtors of the said J. B., respectively, and the evidences of their respective indebtedness, and how much is due on each of such demands, and which of them are doubtful, and which of them are bad, and who has the possession, custody, or control of such real and personal estate, goods, and chattels, book accounts, promissory notes, bonds, mort- gages, securities, evidences of debt, judgments, and choses in action, and each of them. III. That the said J. B. may be decreed to pay to your orators forthwith the amount of the said judgment with interest from the date of the rendition thereof and the costs of this suit. IV. That some proper person may be appointed by this Court a receiver to receive all and singular the moneys, property, real estate, goods, chattels, book accounts, promissory notes, bonds, mortgages, securities, evidences of debt, judgments and choses in action of the said J. B., with the usual powers and authority of a receiver, and that the said J. B. may be directed forthwith to assign, transfer, and deliver to such receiver all his property, as well real as personal, equitable interests, things in action, money and effects, and all the books and papers relating thereto, and all securities and evidences of indebtedness and evidences of equitable interests, and that your orators may have satisfaction of the amount due to them on the said judgment, together with the costs and charges of this suit, out of the said money, property, equitable interests and things in action of the said defendant. V. That the said J. B. may be restrained by the order and injunc- tion of this Court from selling, assigning, transferring, delivering, negotiating, discharging, receiving, collecting, incumbering or in any manner disposing of or interfering with any debts or demands due to him, or any promissory notes, bills, bonds, book accounts, mort- gages, securities, evidences of indebtedness, judgments or other choses in action due to him whether in his possession or held by some other person or persons in trust for him or for his use and benefit; and also from assigning, transferring or in any manner incumbering or disposing of, or intermeddling with, any money, stock or any property, real or personal, things in action or chattels real belonging to him or in which he has any interest whatever, whether in his possession or in the possession of any other person for him or for his use or benefit, and that he be in the meantime so restrained during the pendency of this suit. {Add prayer for general relief.) {Verification by one of complairuints.) BILLS TO REACH AND APPLY PROPERTr 155 NEW JERSEYS Form No. 134 CREDITORS' BILL TO REACH AND APPLY LANDS OF A NON- RESIDENT (Title and Commencement.) 1. Your orator, A. B., is a creditor of C. D., a resident of the state of Pennsylvania and brings this bill on behalf of himself and all other creditors of the said C. D. who shall come in and contribute to the expense of this suit. 2. On the day of 19. ., the said C. D. was an'd still is indebted to your orator in the sum of dollars, being for principal and interest due to your orator from said C. D. on the follow- ing judgment, that is to say: (Describe judgment.) 3. On or about the day of 19. ., your orator made affidavit that he verily believed the said C. D. was not, to your orator's knowledge or belief, a resident of this state at the time, and that the said C. D. owed to your orator the said sum of dollars ; said affidavit was duly delivered to the Clerk of the Court of the state of New Jersey and by said clerk duly filed, and thereupon the said clerk sealed a writ of attachment and Issued the same out of the said Court, directed to the sheriff of the county of tested on the day of and returnable within thirty days from the issuing thereof, whereby (give abstract of the writ). 4. Said writ of attachment was duly delivered to the sheriff of the county of and the said sheriff (describe proceedings taken by the sheriff in attaching certain real estate on said writ, as appears by Ms return thereon), to which said affidavit, inventory, appraisement and return your orator, for greater certainty, begs leave to refer. 5. The said C. D. is the owner of said lands so attached, but your orator cannot effectually obtain the benefit of the said attachment or enforce the same against the said lands of the said C. D. inasmuch as the truth is, that although the said C. D. did on or about the day of 19 . . , enter into a certain contract for the purchase of said lands from E. F., the owner thereof, and did enter upon the said lands and made very extensive and valuable improve- ments thereon, and has remained in possession thereof up to and until the time of the filing of this bill, yet the said C. D., having become financially involved, did, for the purpose of defeating, hindering and delaying his creditors, procure a conveyance from the said E. F. of the said lands of which he was in possession under said contract to purchase, to the defendant, G. H., who now holds the title to the same in trust for the said defendant, C. D. The said G. H. never gave any consideration for the said conveyance to him, nor has ever exercised any act of ownership over the said lands and the said defendant, C. D., has continuously remained in possession thereof and has not paid to the said defendant, G. H., any rent for the use thereof. 6. Said C. D. is insolvent and unable to pay his debts. 7. Your orator is advised that the said lands so attached are, in 8 The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. 156 EQUITY FORMS equity, subject to the lien and operation of said attachment, and the levy and inventory made thereunder. Your orator further shows that unless restrained by the writ of injunction of this Honorable Court, he is fearful lest the said G. H. will transfer and convey the said lands to a bona flde purchaser, whereby your orator may be deprived of the lien and operation of his said attachment against the said lands of the said defendant, C. D.; but although your orator has applied to the said defendants, C. D. and G. H., that they or one of them satisfy his said claim, the said defendants have hitherto and still do wholly refuse to comply with his said request. In consideration whereof (etc., as in New Jersey "Formal parts to Mils," ante, p. 11) . To the end, therefore: 1. That {prayer for answers, including special request for dis- covery of the facts regarding the alleged fraudulent transfer). 2. That said attachment may be declared to be a lien on said lands. 3. That the said deed of conveyance so made by E. F. to the defendant, G. H., may be declared and decreed to have been given with the intent to delay, hinder and defraud the creditors of the said C. D. and to be fraudulent and void as against your orator and all other creditors who shall come in and contribute to the expense of this suit; and that said G. H. may be declared and decreed to be a trustee for your orator and said creditors, or that the said lands may be sold under said attachment or by decree of this Honorable Court, and out of the proceeds of such sale your orator and said other creditors may be paid their debts; and that the said defendant, G. H., may join in the conveyance to the purchasers of said lands, if it be necessary that he so do. 4. That in the meantime the said C. D. and G. H., may, by the injunction of this Honorable Court, be restrained from conveying or incumbering the said lands. (Add prayers for general relief, for process, and for injunction.) (Verification.) PENNSYLVANIA » rorm No. 135 CEEDITOE'S "BILL OF DISCOVERY" ( Title and Commencement. ) 1. Your orator is a creditor of the above named defendants, and has recovered a judgment against them in an action in the Court of Com- mon Pleas of county, of term, 19 . . , No , for the sum of dollars which said judgment was recovered on the day of , 19. .. 2. On the same day, to- wit, 19. ., a fierci facias was issued thereon against the said defendants, which has been duly returned by the sheriff "nulla iona." 3. The said defendants were lately engaged in (place), in the busi- 9 The above form is peculiar to the chancery practice of Penn- sylvania. BILLS TO REACH AND APPLY PROPERTY 157 ness or occupation of , and stopped payment on or about the day of , 19. . ; and upon their failure they offered to their creditors, or some of them cents for every dollar of their respective debts and claims, in satisfaction thereof. 4. There is reason to believe that the said defendants have real or personal estate wherewith aforesaid judgment may be satisfied; that (such real estate has been conveyed, transferred, or incumbered, or that such personal estate has been removed, transferred or concealed; or that by reason of concealment or fraudulent transfer, or incum- brance thereof, the complainant is prevented from having execution or his judgment). 10 Wherefore your orator needs equitable relief, and prays: 1. That the said defendants may, upon their several respective cor- porate oaths, to the best and utmost of their several respective knowl- edge. Information and belief, full, true and perfect answers make to all and singular the premises, and that as fully and particularly as if here specially interrogated thereto; and more especially that the said defendants may, in manner aforesaid full and true answer make to each of the interrogatories filed with this bill. And may it please your Honors to grant unto your orator a writ of scire facias to the sheriff of county directed, requiring him to make known to the said C. D. and E. F., defendants herein named, that they be and appear at a certain time to be appointed by the Court to answer the said bill and all such interrogatories propounded to them or show cause why they should not, and abide the judgment of the Court in the premises. Perm No. 136 INTEEBOGATORIES FOR THE EXAMINATION OF THE ABOVE NAMED DEFENDANTS 1. Whether the said defendants, or either of them are seized or possessed of any real or personal estate, moneys, household furniture, stocks, bills receivable, or any property or rights, credits, claims, de- mands, or interests whatever, or whether any such are held by any one in trust or otherwise for them, the said defendants, or either of them; and what such property, demands, or interests are, by whom held, and where situated. 2. Whether the said defendants were not lately in business, and in what kind of business, and where; where the said defendants failed; what moneys, household furniture, stocks, bills receivable, assets, rights, credits, demands, effects, or interests, and property, real or personal, the said defendants, or either of them, held or were entitled to at the time of such failure, and what appropriation or disposition has been made thereof since such failure, and what proportions thereof are now held, owned or claimed by the said defendants, or either of them, at this time. 3. When did the said defendants enter into business, and what kind of business, and what was their capital, and how long did they continue in business, and when did they fail. 4. Whether the said defendants, or either of them, did not offer to 10 Averments in Act of 1836. 158 EQUITY FORMS pay to their creditors, soon after their failure, and when, twenty-five cents for each dollar of their claim, and represent that the remaining assets of the firm would enable them to do so; whether such represen- tation was true, and what has been done with such assets since that time; what was the amount of their indebtedness at the time of their failure; and how much thereof have they settled, and how much thereof has been paid in order to effect such settlement. 5. Whether, after their failure, and when, the said defendants, or either of them, did not assign, transfer or deliver certain property, assets, bills receivable, credits, or claims, and what, to certain persons or person in trust for some other purpose, and if so particularly, what property, to whom was it transferred, and for what purpose; and what has been done with said property transferred as aforesaid. 6. Whether the said defendants have, or either of them has at any time, assigned, transferred or delivered to his wife, or any member of his family, or to any person in trust for them, or either of them, or for the said defendants, or either of them, any moneys, property, real or personal, bills, credits, rights, interests or demands. If so, where, to whom, and particularly what credits, property, rights, de- mands, moneys, interests or assets, and by whom are the same or the proceeds thereof now held. 7. Annex to your answers a statement from the books of the said firm of C. D. & Co. of all the assets, rights and credits of the said firm, as they existed at the time of the failure of said firm and if any of them have been since satisfied or parted with, state which of them; if assigned, to whom and for what purpose particularly, if in trust for the defendants, or either of them, or for any other person, and who such person is. To the Defendants above named: You and each of you are hereby notified and required, within ten days after service hereof on you, exclusive of the day of such service, to answer the within interrogatories. Witness my hand at this day of , 19 . . . X Y., Attorney for plaintiff. RHODE ISLAND " Form No. 137 CEEDITOE'S BILL TO BEACH AND APPLY LEGACY DUE A NON- RESIDENT (Title and Commencement.) 1. The defendant, J. W. S., on the day of , A. D. 19 . . , was and now is lawfully indebted to the complainant in the sum of dollars. 2. Said J. W. S. is a non-resident of the state, and has no property within this state liable to attachment at law, and legal process cannot be served upon him. 3. Defendant, G. G. S., is the executor of the last will and testament 11 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. BILLS TO REACH AND APPLY PROPERTY .159 6f late of , deceased, and has now in his hands a large sum of money, to-wit, dollars, which belongs to said J. W. S. as a legatee of said under said will. 4. When said indebtedness was incurred the said J. W. S. promised the same should be paid out of said moneys and estate in the hands of said G. G. S., executor, and said G. G. S. also promised to pay the same out of said moneys and estate. 5. The complainant has no adequate remedy at law in this state. Wherefore your complainant prays: 1. That said G. G. S., executor of the last will and testament of said , deceased, be enjoined from paying over or transferring any of the estate and money in his hands and possession, or under his control, belonging to said J. W. S. under said will of said until the further order of this Court, and that an equitable attachment may be issued in favor of said complainant on said estate and money in said G. G. S.'s hands, to the extent of the sum due from said J. W. S. to the said complainant, as aforesaid. 2. That said G. G. S., executor, discover under oath the full amount of the estate of said coming into his hands and possession as executor, and of the sum now in his hands as executor, and the amount thereof belonging to said J. W. S. 3. That this Honorable Court may issue an order granting to the complainant a writ of attachment against the money, goods and chattels of the said J. W. S. in the hands of said G. G. S., executor of the last will and testament of said deceased. (Add prayers for general relief, for process, and for injunction.) (Verification.) TENNESSEE 12 Form No. 138 CREDITOR'S BILL TO REACH AND APPLY DEBTOR'S INTEREST IN NOTE OF NON-RESIDENT (Title and Commencement.) 1. On the day of 19 . . , the plaintiff recovered a judgment in the Court against the defendant, C. D., for dollars and the costs of suit amounting to dollars, upon which judgment an execution issued on the day of , 19 . . , and has been returned by the sheriff of said county "No property found." 2. Said C. D. held a note of one E. F., a solvent and responsible man, who is a citizen of Georgia, for dollars, dated , 19 . . , and payable to said C. D. at twelve months. 3. Said C. D. has assigned and delivered said note to the defendant, G. H., as collateral security, to secure the payment of a debt for about dollars. The plaintiff prays: 1. That process issue to cause said defendants to appear, and that they be required to answer this bill fully and particularly, and that 12 The above form, though obtained from the practice of Tennessee, is available for use in general chancery practice. 16C EQUITY FORMS they disclose the nature and exact amount of said debt due from said C. D. to said G. H. 2. That an account be taken. 3. That the proceeds of said note, after satisfying the debt due said G. H., be subjected to the satisfaction of plaintiff's said judgment. 4. That a receiver be appointed to take possession of said note and collect the same, and hold the proceeds, subject to the order of this Honorable Court, and that said G. H. be required to deliver said note to such receiver when appointed. 5. That an injunction in the meantime issue to restrain the defend- ants from collecting or disposing of said note. (Add prayer for general relief.) The plaintiff further shows that this is the first application for an injunction in this case. {Verification.) MASSACHUSETTS Form No. 138a BILL TO EEACH AND APPLY TTNDEE E. L. CSAPTER 159, SEC- TION 3, CLAUSE 7 (Title, Address and Commencement.) 1. That the defendant and defendant jnder the name of made a promissory note payable to the order of the plaintiff, under the name of a copy whereof is hereto annexed and marked "Exhibit A" wherefore the said defendants and owe the plaintiff the amount of said note and interest thereon. 2. That the defendants Fire Insurance Co. of New York issued its policy of fire insurance in the Massachusetts Standard Form upon a certain stable belonging to the defendant , and that on or about July, 1915, a loss occurred upon said stable described in and insured under and by said policy and the same was damaged and de- stroyed by fire; that the total amount of the loss and damage thereby upon and to said property insured has not, as the plaintiff is informed and believes and therefore avers, been finally and definitely fixed, agreed upon and determined between said and said Insurance Co. has for a certain time in the future a right of election under the terms of said policy either to pay to said the amount of said loss, or to restore and rebuild said stable, and that if said Insurance Company should not elect to restore and rebuild said stable, a sum in excess of the plaintiff's debt as above stated will become due and payable from and by said Insurance Company to the defendant Wherefore the plaintiff prays: 1. That the defendant may be enjoined and restrained from collecting, assigning and transferring or in any way disposing of any claim which she has against the defendant Fire Insurance Co. of N. Y., under or arising out of said policy Issued by said Insurance Company to her under her stable in said Chelsea or any sum or sums of money which are now or may hereafter become due and payable to her from and by said Insurance Company under and by virtue of said policy BILLS TO REACH AND APPLY PROPERTY 161 by reason of said loss upon and damage to the property thereby insured, as stated in said bill of complaint, until the further order of the Court. 2. That the defendant Insurance Co. of New York may be enjoined and restrained from paying, settling, compromising or in any way disposing of, to or with any person, except the plaintiff, any claim which the defendant has or had against it under or arising out of a policy issued by it to said F. upon the stable in said Chelsea, and from paying or delivering to said F. or to any other person, except the plain- tiff, any sum or sums of money which were or are now or may be here- after become due and payable to said F. under and by virtue of said policy by reason of the loss upon and damage to the property thereby insured as stated in the bill of complaint until the further order of this Court. 3. That it may be adjudged and decreed that the defendants F. and H. are indebted to the plaintiff in the amount of note, a copy whereof is annexed to the bill of complaint and marked "Exhibit A" with interest thereon. 4. That the defendant G. Fire Insurance Co. of New York may be ordered to pay to the plaintiff the amount owed to him by said F. as stated in said bill or complaint together with costs of this suit. 5. That the defendants F. and H. may be ordered to pay to the plain- tiff the amount of the note, a copy of which is hereto annexed, together with costs.i {Signature.) NEW JERSEY Form No. 138b BILL BY JUDGMENT CKEDITOE TOR SETTING ASIDE OF CON- VEYANCE, SALE OF PKOPEETY AND SATISFACTION OF DEBT {Title, Address and Commencement.) 1. On or before March 4, 1915, J. S. of the City of in the County of and State of New Jersey, was seized and possessed in fee simple of all these tracts or parcels of land hereinafter mentioned and described, situate in the City of Newark, in the County of Essex, and State of New Jersey, that is to say: (Description of the premises.) 2. On or about February 24, 1915, said J. S. entered into a certain agreement in writing with this complainant and others, a true copy of which agreement, marked Schedule A is annexed to this bill of com- plaint and made a part hereof. 3. On or about September 12, 1916, the said J. S. being justly indebted to complainant in the sum of and upwards, the said debt hav- ing accrued and become due under and by virtue of the terms of the aforesaid agreement, complainant then commenced an action at law against the said J. S. for the recovery of the said debt and interest 1 Taken from Lewenstein v. Forman, Superior Court, Suffolk County, Mass., reported 223 Mass. 325. The above form though taken from the Chancery practice of New Jersey is available for use in general chancery practice. 162 EQUITY FORMS thereon, in the Supreme Court of New Jersey, and such proceedings were thereupon had in said action at law, that afterwards, to wit, on Novem- ber 7, 1917, complainant recovered a judgment against the said J. S. in the said Supreme Court, the sum of damages and costs, as by the record of the said judgment now remaining in the OflSce of the Clerk of the said Supreme Court, at Trenton, reference being thereunto had, will more fully and at large appear. 4. For the purpose of obtaining satisfaction of said judgment com- plainant caused to be Issued thereon out of such Supreme Court a writ of fieri facias de ionis et terris tested on November 17, 1917, and return- able on the third Tuesday in February, 1918, which writ, having been first duly recorded, was delivered to the Sheriff of the said County of Essex, to whom it was directed, and thereby he was commanded that of the goods and chattels of the said J. S. in his County he should cause to be made the said sum of so as aforesaid adjudged to com- plainant; and that if suflBcient goods and chattels of said J. S. in his County he could not find whereof to make said moneys, he should cause the whole or the residue, as the case might require, of the said moneys to be made of the lands, tenements, hereditaments and real estate whereof the said J. S. was seized on November 17, 1917, or at any time afterwards, on whose hands soever the same might be, and that the said Sheriff should have those moneys before said Supreme Court, on the return day of said writ, to render to complainant in satisfaction of his said judgment, and that he should have then and there the said writ. 5. The Sheriff of said County of Essex, to whom the said writ of exe- cution was directed and delivered, being unable to find any goods and chattels of the said J. S. whereof to levy and make the said judgment, levied upon the lands and premises hereinbefore described as the prop- erty of J. S. as by the writ of execution or the record thereof and the return to said writ thereon endorsed, in the office of the Clerk of said Supreme Court at Trenton, aforesaid, reference being thereto had, will more fully and at large appear. 6. The said J. S. being so seized and possessed of said tracts of land and premises as aforesaid, which are of the value of sixty thousand dol- lars and upwards, afterwards, at or about the dates or times, and by the pretended deed hereinafter mentioned, and after the said debt so due to complainant had accrued and become due and payable, or in con- templation and expectation of said debt accruing and becoming due and payable to complainant under and by virtue of the terms of the aforesaid agreement, and in order to secure the said property for his own use and benefit and protect it from the said claim of complainant and prevent complainant from collecting his said debt, contriving to defraud com- plainant, did by deed dated 1915, and recorded on 1917, at 1.02 P. M. in ^e Register's Office of Essex County in Book R 59 of Deeds for said County at page 370, pretend to convey the tracts of land above described, to one X for the nominal consideration of one dollar and other considerations. 7. Complainant has been informed and believes it to be true, and therefore expressly charges that no consideration whatever was paid for the said conveyance; and that the said J. S. has always held, occupied, possessed, enjoyed and received the rents and profits of said lands as BILLS TO REACH AND APPLY PROPERTY 163 fully to all intents and purposes as before the execution of said pre- tended conveyance. 8. Complainant frequently and in a friendly manner applied to the said J. S. and X to pay the said judgment, or to cancel and surrender the said fraudulent conveyance, or to reconvey or cause to be reconveyed the premises to the said J. S. so that they may be sold under the said execution for the satisfaction of the said judgment, and a good and clear title given therefor to the purchaser thereof, as in equity and good con- science they ought tQ have done and as complainant well hoped they would have done, but which they wholly refused to do. 9. The said J. S. is a married man and his wife's name is A. B.; the said X is a married man and his wife's name is C. D. Complainant is without adequate remedy in the courts of law and therefor prays: 1. That J. S. and A. B., his wif^, and X and C. D., his wife, who are the defendants to this suit, may answer this bill of complaint and eacn statement therein made: 2. That the said (defendants naming them) may set forth and dis- cover the real estate belonging to the said J. S. and conveyed as herein- before mentioned and what disposition has been made of, or encum- brances put upon the same, fully and fairly, and in whose possession said real estate has been since March 4, 1915, and whether the same is encumbered, and if so, in what manner, in whose hands, by whom and to what amount, and whether such conveyance as above mentioned was made of the said real estate, and if so, for or upon what consideration, and to whom, when and by whom, the same was paid, and who has pos- sessed and occupied said premises, and received the rents, issues and profits thereof since the said alleged or pretended conveyance thereof. 3. That the said defendants, or some or one of them, may be decreed to pay to complainant the full amount due and owing to him on the said judgment with the interest, costs and execution fees accrued thereon; and that the said fraudulent conveyance and all other fraudulent con- veyances and encumbrances, made, created, or suffered between the said defendants and afEecting the said lands may be set aside and declared null and void; and that the said lands may be sold free, clear and dis- charged of and from the said fraudulent deed and all other fraudulent deeds and encumbrances, under the said writ of execution or otherwise, and the proceeds thereof, or such part of the sanie as may be necessary, may be applied to the payment of complainant's said judgment; and that complainant may have such other and further relief in the premises as the nature of the case may require, and as may be agreeable to equity and good conscience. 4. That a writ of subpoena may issue, commanding the said defend- ants to answer this bill of complaint, and to abide by such decree as this court may make in the premises. (Signature.) CHAPTER Vni BILLS RELATING TO TEUSTS DELAWARE i Form No. 139 BILL TO ENFORCE RESULTING OR CONSTRUCTIVE TRUST (Title and Commencement.) 1. During the year 19.., and for sometime prior thereto, your orators were members of a certain partnership carrying on the grocery business in The individual members of that firm were at that time your orators, I. S. W., G. J. W. and E. G. C. and one W. M. F.. trading under the name and style of W. Son, F. and C. 2. While thus transacting business they gave credit to one R. T., of for a certain amount of groceries sold and delivered to him by the said firm, viz.: the amount of dollars, and after- wards, to-wit, on the day of 19 . . , received from the said R. T., three separate bonds with three separate mortgages collateral thereto, on certain lots and houses in the city of Wilmington. {Describe the bonds.) Shortly after this time the said R. T. failed in circumstances and became unable to pay his debts. While in such failing circumstances two writs of levari facias^ were issued from the Superior Court of the state of Delaware, sitting in and for New Castle county, tested at New Castle on the day of , 19.., {describe them). 3. The sheriff of New Castle county, in pursuance of the authority contained in the two writs of levari facias aforesaid, did on the day of , 19. ., expose to public sale, two separate lots with houses thereon, covered by the two unpaid mortgages of the said W. Son, F. and C, as secured liens thereon; the said lots with houses thereon thus put up for public sale were on the day and year aforesaid purchased by W. M. F., a member of the firm aforesaid, with funds furnished by the said -firm, for that purpose, as a means of securing their unpaid claims, and liens on each separate property, for the sum of dollars, for each separate lot and house erected thereon. 4. The sheriff of New Castle county by deed executed under his hand and seal as such sheriff, on the day of , 19 . . , conveyed the two lots and houses erected thereon to W. M. F., his heirs and assigns, by the following descriptions as set forth in the sheriff's deed, recorded {etc.). {Then follows description of land.) 5. Your orators charge that these deeds were made to W. M.'F.. 1 The above form, although obtained from the practice of Delaware, is available for use in general chancery practice. 164 TRUSTS 165 solely as a matter of convenleace to the parties concerned and not because the said W. M. F. had at any time any individual or other interest in the said premises sold, than as a member of the firm of W. Son, F. and C. 6. The said mortgages of the said W. Son, F. and C. were by the said sale satisfied and discharged and the said firm of W. Son, F. and C. became possessed of all the equitable interest in the said two lots and houses erected thereon, and' purchased by the said W. M. F., in his own name and with the funds furnished by the said firm, and at the request of the said firm. The said W. M. F. afterwards, viz.: on the day of 19 . . , died without having conveyed to the said firm the said real estate purchased as aforesaid, or made any disposition of the same in favor of the said firm or otherwise, and leaving to survive him his widow, V. S. F., and two minor children, C. Y. F. and A. M. F. And your orators further represent to your Honor, that the said real estate so purchased by the said W. M. F. and paid for with the said partnership funds, was then and there partner- ship property, and as such partnership property belongs to the sur- viving partners of the said'firm, to-wit: to your orators for the purpose of division, distribution and settlement among and between the said surviving partners and the representatives of the said W. M. F., the deceased member of the firm, and that they, the said surviving partners, are entitled to have and possess themselves of the said property for distribution and division as aforesaid, and to that end are entitled to a decree of this Honorable Court for the sale of the said real estate and the payment of the proceeds of sale to your orators for distribu- tion and division as aforesaid. To the end therefore: 1. (Prayer for answer.) 2. That your orators may have the decree of this Honorable Court directing the sale of the said above described two lots with brick buildings erected thereon, purchased by the said W. M. F. aforesaid at public sale and the payment of the proceeds of said sale to your orators as surviving partners of the said firm of W. Son, F. and C, for distribution and division between the said surviving partners, and the representatives of the said deceased partner, viz. : the said W. M. F. 3. (Add prayers for general relief and for process.) ILLINOIS Form No. 140 (a) BILL FOE APPOINTMENT OF TRUSTEES (Title and Commencement.) 1. One D. M., of the city of Chicago, the husband of your oratrix, duly signed, sealed and declared his last will and testament on the 6th day of March, 1896. On the 20th day of September, 1901, the said D. M. died; on the 7th day of October, 1901, the said last will and testament was duly proved and admitted of record in the Probate Court of said county. 2 Adapted from bill filed in Mullanny v. Nangle et al., 212 111. 247. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 166 EQUITY FORilS 2. By the tenth clause of said will, T. B. and J. N. were nominated and appointed as executors thereof, but on the 7th day of October, 1901, the said T. B. filed his resignation under said will; on the 26th day of November, 1901, an order was duly entered in said Probate Court appointing E. F. D. and the said J. N. as executors of the last will and testament, and E. P. D. and J. N. filed their several bonds and are now acting as such executors. 3. By the sixth clause of the said will, the said D. M. made the following bequest in trust to said T. B. and J. N. (insert the clause in full). 4. Said T. B. has refused to accept the said trust, and the said J. N. now claims that it is in accordance with the intention of the deceased that he should act as sole trustee aforesaid, but your oratrix believes and charges, that it is not in accordance with the intention of the said D. M. that the said J. N. should serve as sole trustee, for the reason that the said J. N. is irresponsible and inexperienced in the handling of property. Your oratrix further avers that the estate of the said deceased consists in part of fourteen buildings, and that it requires a large amount of personal attention to properly manage and care for the estate, but that the said J. N. is employed in the city of Chicago from the hour of 7 o'clock A. M. to 6 o'clock P. M., and frequently is compelled to leave the city for intervals of time, last- ing at times two months or more, and that the deceased, D. M., prior to the signing of the last will, well knew the aforesaid facts. 5. E. F. D., a reputable citizen of the city of Chicago, county and state aforesaid, who is legally competent to exercise the powers con- ferred upon the trustees in said will, and who is serving as an executor thereof, is willing to accept the appointment as trustee of the said wiU. 6. The only parties having any claims in this behalf are JI. M. M. and D. D. il., who are the only heirs at law and next of kin of the said D. M., deceased, and the principal beneficiaries under said will, J. X. and E. F. D., executors of the said last will, and this petitioner, who is a beneficiary under said will, and who is also guardian of the estates of the said JI. II. il. and D. D. JI., minors. Forasmuch, therefore, as your oratrix is without remedy in the premises, except in a court of equity, and to the end that: 1. {Prayer for answer.) 2. That the Court may construe said will so as to determine whether the residue of the real and personal estate of the said testator has now vested in said J. N., as sole trustee; and if the Court shall hold that said J. N. was not intended to act as sole trustee, that the Court may appoint said E. F. D. to be a trustee of said will in the place and stead of T. B., and along with said J. N., and to the end that a receiver may be appointed to collect the rents and profits and to protect the property belonging to the said estate from waste during the pendency of this proceeding. (Add prayers for general relief, and for process.) TRUSTS 167 Form No. 141 (b) BILL FOR REMOVAL OF TRUSTEE 3 (Title and Commencement.) 1. Your orator Is a railroad corporation duly incorporated and ex- isting under the laws of Illinois. On tlie 7th day of April, 19. ., your orator made a certain mortgage to the defendants, A. T. & S. B., and P. L. & T., as trustees, a copy of which said mortgage or deed of trust is hereto attached and marked Exhibit A, and made a part hereof. The trusts under said mortgage were duly accepted by said defendants; said mortgage was afterwards recorded in the recorder's office of Cook county, Illinois, on May 6, 19 . . , in book of records, at page and was afterwards recorded in the office of the secretary of state of Illinois, on May 11, 19; ., in book at page 2. At the time said mortgage, was made said F. L. T., being a cor- poration under the laws of New York, had not, nor has it since, com- plied with the laws of the state of Illinois, requiring a deposit with the auditor of public accounts, but your orator did not then know of the failure of said F. L. T. as aforesaid to comply with the laws of Illinois. 3. Since the acceptance of said trust by said F. L. T., it has been doing business in the state of Illinois, and in the city of Chicago, and under said mortgage or deed of trust, has appointed one W. B. as its agent to enforce the trusts reposed in said F. L. T., and said B. as such agent has acted and is still acting in the state of Illinois, doing busi- ness therein under said mortgage or deed of trust. 4. Under said mortgage there have been certified and delivered by the trustees 7,574 bonds of $1,000 each. 5. Your orator has been unable to earn sufficient money in operat- ing its railroad, to pay the interest upon the bonded indebtedness se- cured by said mortgage or deed of trust, but notwithstanding such fact, one W. Z., of New York city, conspiring and confederating with various persons and altogether representing 610 bonds of the total issue of 7,574 bonds as aforesaid, made a demand upon the said F. L. T. and said the A. T. & S. B. that they proceed to foreclose said mort- gage and take possession thereof, and notwithstanding that no other person has asked or demanded of said F. L. T. any proceeding on be- half of the bondholders other than of said 610 bonds. On information and belief the plaintifE says that the said F. L. T. proposes to file a bill to foreclose the said mortgage, in violation of its duty and for purposes of injuring and destroying the property and assets of your orator. 6. The holders of 6,574 bonds issued under said mortgage, especially requested said A. T. & S. B. and said F. L. T. to take no action what- soever under said mortgage or trust deed, and said A. T. & S. B., in compliance with such request, and after a full examination of the affairs of said company did, on the 28th day of January, 19 . . , decline and refuse to join with the said F. L. T. in any proceedings whatso- ever to enforce the provisions or conditions of said mortgage. 3 Adapted from bill filed in Lake Street Elevated R. R. Co. v. Farmers Loan & Trust Co., et al., 173 111. 439. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 168 EQUITY FORMS 7. It is tlie wish of the holders of over 6,500 of the bonds issued under the said trust deed, that said F. L. T. should be removed from its position as trustee under said mortgage, first, for failure to com- ply with the laws of the state of Illinois, and, second, for assuming to take proceedings under said mortgage, contrary to and in violation of the request of the holders of a majority of the bonds issued there- under. Forasmuch, therefore, as your orator is remediless in the premises, except in a court of equity, it brings this bill of complaint against (naming them), and all other holders of bonds issued by your orator under said mortgage or trust deed, parties defendant to this its bill of complaint, and prays: 1. That a new trustee may be appointed by the Court to act under said mortgage or deed of trust, in place and instead of said F. L. T. 2. That an injunction pendente lite may be issued restraining and enjoining said F. L. T. from taking any proceedings or bringing or prosecuting any suit or suits or acting in any manner whatsoever under the terms, provisions and conditions of said mortgage or trust deed, and that upon the final hearing hereof said injunction may be made perpetual. {Add prayers for general relief, for process, and for injunction.) (Verification.) Form No. 142 (c) BILL TO ENFORCE CONSTRUCTIVE TRUST * (Title and Commencement.) 1. Your orator, G. A. S., is the only son of J. G. S. and F. L. S.; said J. G. S., during his lifetime, and on July 7th, 1878, was the owner In fee simple of the following property (giving legal des^cription) . 2. Said J. G. S. died intestate on July 7th, 1878, leaving him sur- viving his widow, F. L. S., and seven children, of whom one was your orator, and all of whom were then minors. 3. No distribution of said real property was made among the heirs, but title thereto was and remained in F. L. S. and the aforesaid chil- dren of J. G. S. in common and undivided it being impracticable at that time to partition said property and give each of the heirs of J. G. S. his or her respective portion under the laws of descent of Illinois. 4. After the death of J. G. S., said F. L. S. and your orator and the other children relied entirely upon the said F. A. S. in the management and control of said property. 5. On or about the 8th of August, 1892, the defendant, F. A. S., represented and stated to your orator that in order to facilitate the management of said real property, it would be expedient for the chil- dren of J. G. S. to execute quitclaim deeds conveying said property to F. L. S. Relying upon said representations and having implicit con- fidence in said F. A. S., on August 8, 1892, he executed a quitclaim deed of his title in the property aforesaid to his mother, F. L. S. And your « Adapted from the bill in Stahl v. Stahl, 214 111. 131, and 220 111. 193. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. TRUSTS 169 orator is Informed and believes that the said F. A. S. procured quit- claim deeds from the other children, and thereby placed the legal title to said property in F. L. S.; that said representations so made by F. A. S. were untrue, and that the real purpose of the procurement of the aforesaid quitclaim deeds was to place the title to said property in said F. L. S., so that the said F. A. S. could procure from her a con- veyance to him of said property, so as to defeat the rights of your orator and other children of F. L. S. and J. G. S. therein. 6. The said F. A. S. received the rents and income from said prop- erty from the time of the death of J. G. S., until August 18, 1900. And upon a just accounting being had in the matter of said income and rents from said property, it would appear that there is a large amount due from the said F. A. S. to your orator in respect to the said rents and income. 7. Upon the 18th day of August, 1900, your orator's mother, F. L. S., signed a certain warranty deed, purporting to convey the title in fee to said property to the aforesaid F. A. S. The said F. L. S. was then seventy-two years of age, and in feeble health, mentally incapacitated to transact business, and susceptible to the undue influence of F. A. S., in whom she reposed confidence and trust, and on whom she relied In all matters; and the said F. A. S., through false and fraudulent repre- sentations and by reason of his influence over his mother, induced the said F. L. S. to sign the said deed; and your orator avers that no adequate consideration was given by said F. for such conveyance. 8. The said F. A. S. continued to collect the rents and income from the property aforesaid from the said 18th day of August, 19 . . , until the 11th day of February, 1901, on which date the said F. L. S. died Intestate. And your orator avers that upon a just settlement of the accounts of the income and rents from said property during said period, it would appear that there is a large amount due from the said F. A. S. to your orator in respect to said rents and income. 9. The estate of F. L. S. has never been administered and since the death of the said F. L. S., the aforesaid premises have been occupied by the said F. A. S., who has had the management of said property, and has collected the rents and income therefrom. And your orator avers that upon an accounting by the said F. A. S. of the said rents and income of said property, it would appear that there is a large amount due from the said F. A. S. to your orator in respect to said rents and income. 10. Shortly after the death of said F. L. S., the said F. A. S. told your orator that he would distribute the property as soon as such dis- tribution was expedient; and your orator relying implicitly upon this promise, and not knowing at that time of the falsity of the representa- tions of the said F. A. S., made by him when he procured the afore- said quitclaim deed from your orator, and not knowing at that time of the instrument by which F. L. S. purported to convey the said property in fee to the said F. A. S., took no steps to secure his rights In said property. 11. From time to time thereafter and until on or about the Ist ol September, 1902, the said F. A. S. told your orator that your orator's Interest would be protected, and your orator was thereby Induced to bring no proceedings to protect his interest in said property. 170 EQUITY FORMS 12. On or about the 5th of September, 1902, a warranty deed was executed which purports to convey the title in fee to said property from the said F. A. S. to the defendant, J. S. And your orator states upon information and belief that the said J. S. well knew of your orator's interest in said property. On information and belief, your orator says that since the said last mentioned date, said J. S. has re- ceived the rents from said property, and that upon an accounting by said J. S., it would appear that there is a large amount due your orator in respect to the rents and income of said property. 13. Upon information and belief, your orator says that defendant, T. K. O., has some claim or interest in the property aforesaid, the precise nature of which claim is unknown to your orator, but such in- terest, if any, is subject to tlie claim of your orator to said property, who your orator claims as an heir of J. G. S., and as an^heir of F. L. S. 14. Your orator has applied to the defendants, J. S. and F. A. S., for an account of the said property received and possessed by them, and of their application of the rents and profits thereof, but the de- fendants refuse to comply with such requests. 15. The defendant, J. S., threatens and intends to convey said real property to some other person not acquainted with the facts alleged in this bill of complaint, so that your orator will be deprived of his right to said property, and will encumber or dispose of the said prop- erty, unless he is restrained therefrom by an injunction of this Court. 16. The said J. S. and F. A. S. still have the charge and manage- ment of said property, and are collecting the rents and profits to their own use, and will continue to do so to the damage of your orator unless a receiver is appointed herein with the usual powers to manage said property and collect the rents accruing therefrom. 17. Upon information and belief your orator says that a portion of the moneys and rents received from the property hereinbefore de- scribed and belonging to the estate of J. G. S. and of F. L. S., were used by the said F. A. S. on or about the 10th day of June, 1892, to purchase a certain lot known as (legal description), in Cook county, Illinois, in the name of the defendant, E. 0. H., in whose name the title to said property still remains. And your prator avers that the said F. A. S. has since said last mentioned date, collected the rents accruing from said property last mentioned, to his own use, and will continue so to do, to the damage of your orator, unless a receiver be appointed by this Honorable Court, with the legal powers to manage said property and collect the rents thereof. And your orator avers that upon a just accounting being had in the matter of the income and rents from the said property, it would appear that there is a large amount due from the said F. A. S. to your orator in respect to the said rents and income. Forasmuch, therefore, as your orator is without remedy in the premises, except in a court of equity, and to the end that: 1. (Prayer for answer.) 2. That the said instrument in writing dated August 18, 1900, which purports to be a warranty deed from F. L. S., to F. A. S., be set aside and declared null and void as a warranty deed, and that the said con- veyance of said property to F. A. S. be declared to have been made in trust for the benefit of F. L. S. and her children; TRUSTS 171 3. That the said instrument of September 5, 1902, by which F. A. S. purports to convey title in fee simple to the said property to J. S., be set aside and declared null and void, as a warranty deed, and that the conveyance of said property from said F. A. S. to said J. S. be declared to have been made in trust for the benefit of the heirs of F. L. S.; and that your orator's interests in said property may be declared by a decree of this Court; 4. That the said F. A. S. render to your orator a just and true ac- count of your orator's share of the rents and profits received by him from said property from July 7, 1878; 5. That a receiver may be appointed with the usual powers to man- age the several properties hereinbefore described, and to collect the rents accruing therefrom; that the said defendant, F. A. S., account to your orator for your orator's interests in the rents and profits received by him from the property known as from the 10th day of June, 1892; 6. That the said J. S. may be enjoined by this Honorable Court from conveying, encumbrancing, transferring or otherwise disposing of said property until a further order of this Court. {Add prayers for general relief, for process, and for injunction.) (Yerification.) MAINE Form No. 143 (a) BILL FOB APPOINTMENT OF TRUSTEE b (Title and Commencement.) 1. I. F., late of said , who died on the day of of , 19 . ., did in his lifetime, on the day of , 19. ., convey to N. C, of said as trustee, by a certain deed of mortgage, recorded in registry of deeds, book , page , a certain lot or parcel of land situated in said , bounded and described as follows (description), to secure the pay- ment of a certain promissory note for the principal sum of $ and payable to the order of said I. F., the said mortgage being given to said N. C. as trustee to secure the payment of the said note; and since the date of said note payments have been made upon the prin- cipal thereof to the amount of dollars. 2. Said N. C, trustee as aforesaid, died on the day of ,19. ., and the vacancy in the office of trustee named in said mortgage deed caused by his death, has not been filled. Wherefore the plaintiff prays: 1. That this Court will appoint a trustee or trustees to fill the vacancy created and existing as aforesaid. (Add prayers for general relief and for process.) B Taken from original bill on equity files of Supreme Judicial Court in Cumberland County. The above form, although obtained from the practice of Maine, is available for general chancery practice. 172 EQUITY FORMS Form No. 144 (b) BILL FOE REMOVAL OF TEUSTEE 6 (Title and Commencement.) 1. On the day of , 19... C. K., of , died leaving a will, under the provisions of which he left all his property, real and personal, to J. S. of said , in trust for the benefit of his two daughters, A. K. and M. K., during their minority, to pay over to them, or to expend for their benefit from time to time, such por- tions of the income thereof as might be necessary for their suitable maintenance and education and to satisfy such other reasonable wants on their part as the amount of said income would permit; and on their becoming of age, the said trust was to terminate and said property to be divided among them in equal portions in the manner more fully shown by the terms of said will, a copy of which marked "Exhibit A" is hereto annexed and made a part of this bill. 2. On the day of , 19.., said will was duly ad- mitted to probate in the Probate Court in said county of , and on the day of , following, the said J. S. duly qualified as said trustee by giving bond satisfactory to said Court, and entered upon his duties under said trust 3. The defendant has, since entering upon the performance of said trust, greatly neglected his duties thereunder in that he spends the greater portion of his time in attending to private business of his own out of the state, and has delegated the care of the real estate included in said trust to incompetent agents, whereby certain tenements have fallen into such a dilapidated condition as to become unrentable and sufficient effort is not made to obtain tenants for those which are in proper repair, and the income of said estate is thereby largely reduced. 4. The said trustee has also recently withdrawn trust funds of said estate from the P. T. Saving Bank to the amount of dollars and invested the same in the stocks of manufacturing corporations and other unlisted securities, which are uncertain and speculative in- vestments, thereby endangering the safety of the principal of said trust fimds. 5. The defendant has also mingled large sums of the said trust money with his own and deposited the same in banks in his own name so that it is impossible to keep a distant and true account of the same, or of the interest and earnings thereof. 6. The defendant has never rendered the plaintiffs any account whatever of the amount of said trust estate or his receipts, disburse- ments and transactions with respect to the same or the income there- from, though often requested to do so. 7. During the two years last past, the defendant has appropriated large amounts of said trust funds to his own use without accounting therefor in any manner whatever. 8. The defendant has refused and failed to pay over to the plain- tiffs from time to time such portions of the income of said estate as were necessary for the suitable maintenance and education of the plaintiffs, or to satisfy their reasonable wants in accordance with the 8 The above form, although obtained from the practice of Maine, is available for use in general chancery practice. TRUSTS 173 provisions of said will, but the plaintiffs have received from the de- fendant only a small and totally inadequate portion of said income, and have obtained such amounts from him only with great difficulty and after repeated requests by letter, and during the last six months have been unable to obtain any remittance whatever from said defendant. Wherefore the plaintiffs pray: 1. That the defendant may be removed from his office of trustee as aforesaid, and a suitable person appointed by the Court to execute said trust in his stead. 2. That an account may be taken of the property and income in said trust estate, and of all the receipts and disbursements of said trustee, and that the amount due from the defendant to the trust estate may be ascertained and ordered to be paid over by him to said new trustee. (Add prayers for general relief and for process.) Form No. 145 (c) BILL FOE DISCHARGE OF TRUSTEE t (Title and Commencement.) 1. On or about the day of 19.., the defendant, the Company, being then seized in fee simple of two certain lots of land situate in the town of bounded and described as follows: (Description), did convey the said two lots of land to the plaintiff, by its deed of that date, in trust nevertheless: (1) To hold and keep the same until such time as the plaintiff should sell the same, as in said deed provided; (2) to sell the same at such time and place and in such manner as to the plaintiff might seem best, either at public or private sale, for such sum of money as to the plaintiff might seem best, and (3) to apply the proceeds over and above all lawful costs and expenses incurred in the administration of the trust, as follows: (Here insert items.) The terms and conditions of said trust are ifiore fully set forth in the aforesaid deed a copy of which marked "Exhibit A" is hereto annexed and made a part of this bill. 2. Notwithstanding diligent effort to sell the said lands, the plain- tiff has not been able to find a purchaser therefor at private sale at any price. The said lands are now subject to liens for unpaid taxes, for the years 19.. and 19... In order to avoid a total loss of the lands, the best Interests of all the beneficiaries of the said trust re- quires that the said lands be sold at public sale as soon as possible. Such sale can not be made by the plaintiff without danger of sacrificing both his own interest and that of the other beneficiaries, for the rea- son that none of the other beneficiaries are willing to purchase the said lands at any price, and the plaintiff upon such public sale would be incompetent, as trustee, to bid for or to purchase the said lands even though such course should be necessary to protect his beneficial Interest in the trust estate. 3. The said lands are vacant and uncultivated and valuable only 7 Found in Du Puy v. Standard Mineral Co., 88 Me. 202. The above form, although obtained from the practice of Maine, is available for use in general chancery practice. 174 EQUITY FORMS for quarry purposes, and the plaintifl has derived no profit or income therefrom, and has permitted no waste to be committed in respect thereto, and has not conveyed or encumbered the same, or any part thereof. Wherefore, the plaintiff prays: 1. That he may be discharged from his office of trustee, and that a new trustee be appointed by the Court, and that the aid and direc- tion of the Court be given to such new trustee in the execution of the trust set forth in the aforesaid deed of conveyance, and that such new trustee be instructed to sell the lands aforesaid with all convenient speed and to distribute the proceeds thereof to the persons respectively entitled thereto. (Add prayers for general relief and for process.) Form No. 146 (d) BILL TO ENFOECE OEAL DECLAEATION OF TEXJST » (Title and Commencement.) 1. On the day of , A. D. 19. ., P. G. B. was a resi- dent and inhabitant of and possessed of a large estate, the amount of which the plaintiff is unable to state, but he is informed and believes and therefore alleges that said P. G. B. was then possessed of real estate of the value of dollars and personal property of the value of at least dollars. 2. On the said day of the defendant, W. W. B., was the brother and expectant heir-at-law and next of kin of said P. G. B., and in the event of the death of said P. G. B., would have suc- ceeded to all of his real estate in this state and to all of his per- sonal property. 3. On the said day of the said P. G. B. was suffering from a mortal sickness and was then conscious of the fact that he could not recover therefrom and that his death must soon take place. When so conscious and apprehensive of his early death, the said P. G. B. on said day of , gave to the said W. W. B. directions as to what he desired the said W. W. B. to do with his property in case he should die intestate and the said W. W. B. should succeed to the same as sole heir-at-law and next of kin. And the said W. W. B., among other things, promised the said P. G. B., that if the 8 Found in Grant v. Bradstreet, 87 Me. 583, affirming Gilpatrick v. Glidden, 81 Me. 137, which see for precedent of similar bill. The prayer of the bill in the latter case which is omitted in the report of the case, reads as follows: "Wherefore your complainants pray: "That this Honorable Court will decree that said respondents hold said sum of $10,600 thus derived from said O. G. in trust for your com- plainants, as heirs of said O., and will order said administrator to pay over the same to your complainants as heirs at law of said O. G. in such amounts as each is entitled to under the laws of this State (and will enjoin the payment thereof to said respondents) and for such other and further relief as the exigencies of the case require or to your honors seems meet." See also Wall v. Hickey, 112 Mass. 171, for substantial allegations of bill to enforce trust. The above form, although obtained from the practice of Maine, is available for use in general chancery practice. TRUSTS 175 said P. G. B. should die intestate and the said W. W. B. should suc- ceed to the said property as sole heir and next of kin, then the said W. W. B. would out of said property pay to the plaintifi the sum of one thousand dollars a year during the natural life of the said plain- tiff, in quarterly payments of two hundred and fifty dollars each, the first payment to be made , A. D. 19.., and thereafterwards every three months as aforesaid. 4. The said P. G. B., relying on the aforesaid promise and underr taking of the said W. W. B., thereafterwards refrained from making a will, and on the day of , A. D. 19. ., died intestate, leaving real estate of the value of dollars and personal estate of the value of at least dollars; to all of which real estate the said W. W. B. then succeeded as sole heir-at-law, and to all of which personal property, subject to the payment of the funeral charges, ex- penses of last sickness, debts and expenses of administration, the said W. W. B. then became entitled as sole next of kin. 5. At a term of the Probate Court held at , within and for said county of , on the of A. D. 19.., de- fendants, W. L. and B. L. S., were duly and legally appointed admin- istrators upon the goods and estate of the said P. G. B., and thereafter- wards accepted said trust and qualified by giving bonds as the law directs. Although more than two years have elapsed since said appointment and qualification, the said administrators have filed no inventory and no account. But the said administrators have paid large sums of money and delivered large amounts of securities to the said W. W. B. on account of his distributive share of said estate, in all amounting to dollars, and after the payment of all debts and lawful charges there remains in the hands of said administrators personal property of the value of at least dollars, to all of which the said W. W. B. is entitled by law as next of kin. 6. The said W. W. B. succeeded to all of said real and personal estate charged with the trust of paying to the plaintiff the sum of one thousand dollars a year in the manner and at the time aforesaid, and he obtained and accepted title and right to the same subject to the fulfilment and performance of said trust and now holds the same, and will hold said property now in the hands of said administrators with the trusts imposed thereon by reason of the aforesaid promise and undertaking of the said W. W. B., yet the plaintiff says that he has requested the said W. W. B. to pay to him the amounts so by said W. W. B. to be paid as aforesaid quarterly from and after , A. D. 19 . . , but the said W. W. B. has refused so to do and further refuses to fulfil said trust in the future or to make the plaintiff any payment thereunder now or in the future. Wherefore the plaintiff prays: 1. That it may be declared that all of the estate of said P. G. B. by said W. W. B., heretofore or hereafter received, and all of said estate in the hands of the administrators thereof to which the said W. W. B. is now or may^ hereafter be entitled as sole heir and next of kin, is and shall be charged with a trust in favor of the plaintiff for the payment to him of the sum of one thousand dollars a year, in quarterly payments beginning , 19. ., with interest on all over- 176 EQUITY FORMS due payments, to the date of the decree herein and thereafterwards during the natural life of the plaintiff. 2. That the said W. W. B. may be decreed to pay to the plaintiff the several sums due to him under the aforesaid trust. 3. That it may be decreed that the plaintiff is entitled to have paid to him out of the estate of P. G. B., received and to be received by the said W. W. B., the sum of one thousand dollars a year in quarterly payments of two hundred and fifty dollars each, beginning , A. D. 19 . . , for and during the natural life of the plaintiff, with lawful interest on such of said payments as are now overdue. 4. That the defendant, W. W. B., may be ordered and decreed to execute such deed or deeds of covenant and give such security for the performance thereof as shall insure to the plaintiff the payment of the aforesaid annuity of one thousand dollars a year, in the manner and at the times aforesaid, for and during the natural life of the plaintiff. 5. That the defendants, W. L. and E. L. S., may be enjoined and restrained from making any further payments from the estate of P. G. B., to the said W. W. B., until the said W. W. B. shall perform the trusts hereinbefore set forth and as shall be by this Honorable Court declared. 6. That for the purposes all necessary or proper accounts may be taken, inquiries made and decisions given, and that the plaintiff may have his costs of this suit. (Add prayers for general relief, for process, and for injunction.) (Verification.) Form No. 147 (e) BILL TO ENFORCE A RESULTING TRUST FOR MONEY HAD AND RECEIVED 9 (Title and Commencement.) 1. One F. T. F. died on the day of A. D. 19.., intestate, and the plaintiff, who is the widow of said intestate, has been duly appointed administratrix of the estate of said F. T. F. by the Probate Court of the said county of and has given bond as such administratrix to the Judge of said Probate Court to the satis- faction of said Court. 2. On the 7th day of December, A. D. 19. ., said F. T. F. took out a policy of insurance upon his life, numbered , in the E. Life Assurance Society for the sum of $ payable to the said F. T. F., his executors, administrators, or assigns, in thirty equal annual instalments, of f each after the decease of said F., or, in the alternative, in one single payment of ? , immediately after decease of said F. 3. On the day of , A. D. 19.., said F., having 9 Taken from actual bill on equity files of Supreme Judicial Court in Cumberland County. See also Brown v. Dwelley, 45 Me. 52, for substantial allegations of bill to enforce resulting trust. The above form, although obtained from the practice of Maine, is available for use in general chancery practice. - TRUSTS . 177 theretofore paid three annual premiums upon said policy of insurance, and being then indebted to the defendants, C. &. F., at their request, assigned to them, as collateral security for his then existing indebted- ness to them, the above described policy of insurance, by assignment in writing of that date under his hand and seal, and notice of said assignment was duly given to said E. Life Assurance Society, and the policy so assigned, was delivered to the said defendants. 4. Thereafterwards, to- wit, on the day of , A. D. 19.., said F. being insolvent, made, executed and delivered a deed of assignment, conveying to W. P. P. of said , all of his property and estate, not exempted by law from attachment for debt and seizure on execution, in trust, first for the equal benefit of all such of his creditors as should become parties to said assignment, and second for said F. T. F., his executors, administrators and assigns, in case any surplus should remain in the hands of the said assignee after satis- fying the debts of such creditors as should assent to said assignment and become parties thereto. 5. Said defendants, C. &. F., together with other creditors of said F., assented to said assignment, became parties thereto, and accepted the provisions thereof, as appears by their signatures thereto appended and thereafterwards, about the month of , A. D. 19. ., the said defendants, C. &. F., and other creditors of said F., by instrument in writing under their hands agreed to accept from said F. 15 per cent of their net claims against him which might be proved by them under said deed of assignment, in full discharge and settlement of said claims against him personally and against the property so conveyed by him to said W. P. P., assignee. 6. Thereafterwards, during the month of A. D. 19. ., said F. paid or caused to be paid to each of his creditors, who had agreed to accept said compromise of 15 per cent, the sum due to each under such compromise, and paid to said defendants, C. & F., the sum of $ , being 15 per cent of their claim of $ , who received and receipted for the same in full satisfaction of all claims against said F. and his said property and estate. 7. It was provided in said deed of assignment that any creditor holding any mortgage, pledge, lien, or other security for the payment of the indebtedness of said F. to him should deduct the value of such security from the gross amount of his claim against said F., and that the dividend or dividends to be received by him, under said assign- ment, should apply to only so much of his debt or claim as should remain after deducting therefrom the value of such security. 8. Said defendants, C. & F., in making proof of their claim against said F., and in receiving their dividend of 15 per cent in full satisfac- tion and discharge thereof, made no account of the value of said life insurance policy, which had been assigned to them as collateral security as aforesaid, and did not deduct the value of such policy from the gross amount of their claim^ but proved their claim for its full amount, and accepted their dividend of 15 per cent in full discharge thereof as above set forth. 9. Thereafterwards, said F., having compromised and adjusted all claims of his creditors, against him as above recited, said W. P. P., assignee under said deed of assignment, reconveyed to said F. all the 178 EQUITY FORMS property and assets, which had been conveyed to him by said deed of assignment. 10. By reason of the premises, said F. became entitled to receive back from said defendants said policy of insurance, and to have the same properly reassigned to him, but, in point of fact, said policy was suffered by him to remain in the possession of said defendants and was retained by them until his decease. 11. After the decease of said F., said defendants, C. & F., without any lawful authority, proceeded to collect the amoimt of said policy from the E. Assurance Society, and on the day of A. D. 19.., received from said society the simi of dollars in settlement of said policy. 12. The said sum of dollars, thus received by said de- fendants as the proceeds of said policy, then belonged and stiU belongs of right to the estate of the said F. T. F., and was on the said day of , 19.., demanded of the said defendants by the said plaintiff in her capacity as administratrix of said estate, but the de- fendants refuse to pay the same, and said fimd of dollars is now charged with a resulting trust in their hands in favor of the plaintiff. Wherefore the plaintiff prays: 1. That the defendants may be declared to be a trustee of said fund of $ , for the benefit of the plaintiff, and that they may be ordered and decreed forthwith to pay over said sum to the plaintiff. {Add prayers for general relief and for process.) MARYLAND Form No. 148 (a) BILL FOR APPOINTMENT OF TBUSTEB lo {Title and Commencement.) 1. {Set forth distinctly in separate paragraphs^ the grounds upon which the Mil is based.) 2. Your orators have been advised by counsel that the aid of this Honorable Court is necessary in order that a trustee or trustees may be appointed to carry out the provisions of said will and the execution of said trust; and your orators and the defendants are anxious that A. B. be appointed by this Honorable Court as trustee of said estate in the place and stead of the said C. D., deceased, and vested with all the powers conferred in said will upon the trustees therein named. To the end, therefore, 1. That a decree may be passed appointing the said A. B., or some other person or persons, trustee or trustees, to execute the provisions of the trust under said will in the place and stead of the said C. D., deceased, and that he or they may be vested with all the rights and powers given to the said trustees mentioned in the said will. {Add prayers for general relief and for process.) 10 The above form, although obtained from the practice of Mary- land, is available for use in general chancery practice. TRUSTS 179 Form No. 119 (b) PETITION FOR REMOVAL OF TRUSTEE u ( Title and Commencement. ) 1. G. D. C, late of Baltimore city, departed this life on the 8th day of December, 19. ., leaving a last will and testament which was filed in this cause with the bill of complaint and marked "Exhibit No. 1." 2. By S9,id will H. A. C. was appointed one of the trustees for the benefit of the testator's children. 3. The defendant, H. A. C., now H. A. L., on November 1, 19. ., came into possession of two thousand dollars that belonged to her husband, the said G. D. C, and on November 9, 19.., came into possession of three hundred dollars more that belonged to the said G. D. C, the first sum of two thousand dollars being interest on Baltimore city stock owned by the said G. D. C, and the second sum of three hundred dol- lars being interest on bank stock of the First National Bank of Balti- more, the property of the said G. D. C. 4. A considerable portion if not all of said sum of money remained or came into the hands of said H. A. C, now H. A. L., after the death of said G. D. C, but she has omitted to return said money either in any inventory or list of debts filed in this Court, but conceals and withholds the same. 5. The said H. A. C, since her marriage with J. C. L., has spent a great deal of her time away from Baltimore, and she is not com- petent to discharge the duties of the office of trustee under the will of the late G. D. C. 6. By reason of her behavior towards the beneficiaries under said trust before the death of the said G. D. C. and her conduct since his death, it is extremely disagreeable to the petitioners that she attempt to act as one of the said trustees. And they, therefore, pray: (a) That this Honorable Court will remove said H. A. C. from the position of trustee under the will of the late G. D. C. (Add prayer for general relief.) Form No. 150 (c) BILL TO ENFORCE RESULTING OR CONSTRUCTIVE TRUST 12 (Title and Commencement.) 1. (Set forth in distinct paragraphs the facts upon which the equity of the iill is iased.) To the end, therefore. That a decree may be passed declaring that the deed from the said L. V. M. and A. C. M. to the said S. P. M. was designed only to operate as a security by way of mortgage for the repayment of the $500 and interest, and that upon its repayment, with all accrued interest thereon, and upon the assumption by your orator of the payment of the said mortgage now held by E. O. S., assignee, and interest, said property should be conveyed in fee simple to your orator. 11 The above form is peculiar to the chancery practice of Mary- land. 12 The above form, although obtained from the practice of Mary- land, is, available for use in general chancery practice. 180 EQUITY FORMS 2. That in the meantime the said C. K. S., administrator c. t. a., and the said S. E. M., their agents and servants, may by injunction be restrained from selling or in any manner disposing of the said property, or interfering in any way with your orator's possession thereof. (Add prayers 'for general relief and for process.) MASSACHUSETTS i^ By Acts 1910, chap. 100, "An act to enlarge the equity jurisdiction of the Probate Court," the Probate Court has jurisdiction in equity, concurrent with the Supreme Judicial Court and with the Superior Court, of all cases and matter relative to wills or to trusts which are created by will or other written instrument. Such jurisdiction may be exercised upon petition according to the usual course of proceed- ings in the Probate Court. Certain of the Probate Court forms are here included, which are in frequent use. Form No. 152 (a) PETITION FOE APPOINTMENT OF NEW TRUSTEE IN PLACE OF ONE REMOVED BY DEATH To the Honorable the Judge of the Probate Court in and for the County of Suffolk: Respectfully represents A. B., of Boston, in the county of Suffolk, that C. D., late of Boston, in said county of Suffolk, deceased, testate, by his last will and testament, duly proved and allowed on the day of , A. D. 19 . . , in said Court, did therein give certain estate in trust for the use and benefit of E. F. and G. H., of said Boston; that X. Y. was duly appointed trustee thereof, and has died before the objects of said trust have been accomplished; that there is no adequate provision made in said will for supplying the vacancy caused by said death; that your petitioner is willing to accept said trust, and give bond according to law, for the faithful discharge thereof; he, therefore, prays that he, or some other suitable person, be appointed trustee as aforesaid, in place of said X. Y., according to the provisions of the law in such case made and provided. Dated this day of , A. D. 19. .. A. B. The undersigned, being all the persons interested, hereby assent to the foregoing petition. E. F. G. H. Form No. 153 (b) PETITION FOE APPOINTMENT OP TEUSTEE WITHOUT BONDS To the Honorable the Judge of the Probate Court in and for the County of Suffolk: Respectfully represents A. B., of Boston, in the county of Suffolk, that C. D., late of Boston, in the county of Suffolk, deceased, testate, 13 The above forms are peculiar to the chancery practice of Massachusetts. TRUSTS 181 by his last will and testament, proved and allowed on the day of , A. D. 19.., in said Court, did herein give certain estate in trust for the use and benefit of E. F. and G. H., of said Boston, and appointed A. B. trustee thereof, and in and by said will requested that said A. B. be exempted from giving a surety on his bond as such trus- tee, that he is willing to accept said trust and give bond according to law, for the faithful discharge thereof; he, therefore, prays that he may be appointed trustee as aforesaid, and that he may be exempt from giving a surety on his bond, according to the provisions of the law in such case made and provided. Dated this day of A. D. 19. .. A. B. Form No. 154 (c) PETITION FOR THE APPOINTMENT OF A TRUSTEE WHO IS DESIGNATED IN A WILL To the Honorable the Judge of the Probate Court in and for the County of Suffolk: Respectfully represents A. B., of, Boston, in the county of Suffolk, that C. D., late of Boston, in said county of Suffolk, deceased, testate, by his last will and testament, duly proved and allowed on the day of , A. D. 19.., in said Court, did therein give certain estate in trust for the use and benefit of E. F. and G. H., of said Boston, and appointed A. B. trustee thereof; and that he is willing to accept said trust, and give bond according to law, for the faithful discharge thereof; he, therefore, prays that he may be appointed trus- tee as aforesaid, according to the provisions of the law in such case made and provided. Dated this day of A. D. 19. .. A. B. The undersigned, being all the persons interested, hereby assent to the foregoing petition. E. F. G. H. Form No. 155 (d) PETITION FOR REMOVAL OF TRUSTEE To the Honorable the Judge of the Probate Court in and for the County of Suffolk: Respectfully represents A. C, of Boston, in said county of Suffolk, that she is the widow of B. C, late of said Boston, and is interested in the estate of said B. C, that by a decree of said Court, dated the day of A. D. 19 . ., E. P., of Boston, in said county of Suffolk, was appointed trustee under the will of said B. C, and letters of trusteeship were issued to him : That said E. F. has absconded to parts unknown, and is evidently unsuitable for the discharge of said trust. Wherefore your petitioner prays that said E. F. may be removed from his said ofiice and trust. Dated this day of , A. D. 19. .. A. C. 182 EQUITY FORMS Form Ko. 156 (e) BILL TO ESTABLISH CONSTEUCTIVE TEXTST i* {Title and Commencement.) 1. The complainant was married to defendant, P. M. B., on , 19 . . , and since said date complainant has lived at premises No. street, in said Boston, and defendant, P. M. B., has continued to live at said premises with complainant until on or about April , 19. ., when defendant, P. M. B., without justifiable cause left the complainant and has since remained away from complainant and from said premises. 2. The said premises were formerly the property of W. B., late of said Boston, deceased, and in the lifetime of said W. B., the complainant, entered into an agreement with said B. to care and provide for said B. during the remainder of his life; and thereupon in consideration of said agreement, said' B. agreed with complainant to convey said prem- ises to complainant, and in pursuance of said agreement a deed of said premises was given by said B. to defendant, P. M. B., dated , 19. ., for the benefit of complainant, and complainant on his part thereafter cared and provided for said B. until the decease of said B., on 19... 3. The following is a description of said premises: (Here insert description.) 4. Thereafterwards complainant expended large sums of money and a great amount of labor in repairs and improvements upon said house and has continued to so expend money and labor in said repairs and improvements to the present time. 5. On April 12, 19. ., defendant, P. M. B., executed what purported to be a lease of said premises to defendant, F., of said Boston, for the term of three months from said date, at a monthly rental of five dollars per month, but complainant is informed and believes and there- fore avers that no consideration was given by defendant. P., for said lease and that said lease was collusively entered into between defend- ants, B. and F., for the sole purpose of fraudulently taking from com- plainant the possession and use of said premises. 6. On April 17, 19.., complainant is informed and believes and therefore avers that defendant, B., caused defendant, F., to serve upon complainant a notice to quit under said lease; on which date complainant and defendant, B., were occupying the lower tenement of said premises and the upper tenement of said premises were occupied by one F. L. 7. After service of said notice to quit, complainant refused to leave said premises and thereafter on said April 18, 19 . . , defendant, B., left said premises and caused defendant, F., to serve a writ of ejectment upon complainant for the purpose of fraudulently removing complainant from said premises. 8. A hearing was had upon said writ of ejectment in the Municipal Court of the city of Boston, and judgment was rendered as a matter of course for plaintiff therein, from which said judgment this plaintiff has appealed to the Superior Court of Massachusetts for the coimty 14 The above form, although obtained from the practice of Mas- sachusetts, is available for use in general chancery practice. TEUSTS 183 of Suffolk, and said appeal is now pending in said Court and is num- bered on the docket of said Court and entitled H. C. F. vs. F. J. B. 9. All said premises were included in said lease to said F., but no notice was served upon said L., and thereafterwards, on June 1, 19. ., defendant, B., notwithstanding said lease to said F., collected the rental of said upper tenement from said L. for the month of May and gave a receipt therefor to said L. in the name of defendant, B., in like manner as defendant, B., had been accustomed to do therefor. 10. Complainant is informed and believes and therefore avers that no part of said rent so collected by defendant, B., was paid to defendant, F., neither has defendant, F., paid defendant, B., anything for rental of said premises under said lease, but that said lease and proceedings thereunder were entered into by defendant, B. and F., for the purpose of defrauding complainant of his rights in said property and of the occupation, use and enjoyment of same. 11. Said property belongs to complainant and defendant, B., has no right to the title, ownership or possession of same, but is seeking and intending fraudulently to dispossess complainant from said owner- ship and possession. 12. Complainant believes that defendant, B., intends to convey or encumber said property and deprive complainant of his rights in same and the value of same unless restrained by this Court. Wherefore complainant prays: 1. That an ad interim injunction may issue against defendants, P. M. B. and H. C. F., restraining them and each of them from selling, assigning, transferring, conveying, leasing or in any manner encum- bering said premises or the title to said premises and that upon hear- ing this cause said injunction may be continued. 2. That this cause may be heard and decree may issue adjudging title to said property to be in complainant and ordering defendants, P. M. B. and H. C. F., to convey the title and possession of said property to complainant. 3. That decree may issue suspending hearing in said ejectment case now pending on appeal in this Court until this case may be heard. 4. That said lease of defendant, P. M. B., to H. C. F. may be declared null and void or be vacated. 5. That complainant may have decree for the possession of said premises pending hearing on the merits of this cause. (Add prayers for general relief and for process.) (Verification.) MICHIGAN Form No. 157 BILL FOE AN ACCOUNTING AITD FOE APPOINTMENT OF NEW TEUSTEES 15 (Title and Commencement.) 1. On, etc., a certain deed of conveyance of that date, was executed between your orator, A. B., and your oratrix, B. B., his wife, of the one 15 The above form, although obtained from the practice of Michi- gan, is available for use in general chancery practice. 184 , EQUITY FORMS part, and C. D. and E. F., of, etc., the defendants hereinafter named, of the other part, which said deed is in the words and figures and to the purport following, that is to say (here set out copy of deed ver- batim), as by the said deed, ready to be produced in Court, wUl appear. 2. The defendant, C. D., has principally acted in the trust of the said deed, and has, by virtue thereof, from time to time, received considerable sums of money and other effects, but he has applied a small part thereof upon the trusts of the said deed, and has applied and converted the residue thereof to his own use; and in particular, the said C. D. has, within a few months past, received a considerable sum of money from the estate and effects of the said D. B., the whole of which he has applied to his own use. 3. Your orator and oratrixes further represent that they have repeat- edly applied to the defendants for an account of the said trust property received and possessed by them, and of their application thereof. And they well hoped that the defendants would have complied with such reasonable request, as in equity they ought to have done. But now so it is, the defendants combining and confederating, and con- triving so to wrong and injure your orator and oratrixes in the premises, absolutely refuse to comply with such requests; and pre- tend that the trust property and effects possessed and received by them were to an inconsiderable amount and that they have duly applied the same upon the trusts mentioned in said deed. Whereas your orator and oratrixes charge the contrary of such pretences to be the truth; and that so it would appear if the defendants would set forth, as they ought to do, a full and true account of all and every the said trust property and effects which they have respectively possessed and received, and of their application thereof. 4. The defendant, C. D., threatens and intends to use other parts of the said trust property, and to apply the same to his own use, and will do so, imless he is restrained therefrom by the injunction of this Court ; both said defendants ought to be removed from being trus- tees under the said deed, and some other person or persons ought to be appointed by this Court, as such trustees in their place and stead; and in the meantime some proper person ought to be appointed to receive, take charge of, and collect the said trust property. Forasmuch, therefore, as your orator and oratrixes are without remedy in the premises, except in a court of equity, they pray: I. {Prayer for answer) ; and set forth a true and perfect account in items of all the trust funds and effects received by them respect- ively, by virtue of the said deed and of their application thereof. II. That upon the hearing hereof an account may be taken of all and every the said trust property and effects, which have, or but for their willful default or neglect might have been received by them, or either of them, or by any other person or persons, by their or either of their order, or to their or either of their use; and also an account of their application thereof. III. That the defendants may respectively be decreed to pay what shall appear to be due from them upon such account; and that the defendants may be removed from being trustees under the said deed. TRUSTS 185 IV. That- two other persons may be appointed trustees under the said deed in their place and stead. V. That in the meantime some proper person may be appointed to receive and collect the said trust estate and effects. (Add prayers for process and for injunction.) (Veriflcation.) NEW HAMPSHIRE le Form No. 158 BILL TO ENFOKCE RESULTING OR CONSTRUCTIVE TRUST (Title and Commencement.) 1. Between the 31st day of August, and the 23rd day of December, 19.., the plaintiff delivered to the defendant the sum of ten hundred and forty ($1,040) dollars of his own money with the understanding and agreement that she would buy real estate with said money, and would take the deed thereof in the name of said plaintiff. Yet the said defendant in breach of her agreement aforesaid wrongfully pur- chased with said money the following real estate: (Here insert description of real estate), and took the deed thereof in her own name. Wherefore the plaintiff prays that it be decreed that said defend- ant hold said real estate in trust for said plaintiff and that said defendant be ordered and directed to execute a legal conveyance of said land to said plaintiff; and for such other relief as justice may require. NEW JERSEY" Form No. 159 BILL TO ESTABLISH TRUST AND APPOINT TRUSTEE (Title and Commencement.) I. M. A. B., formerly of , died on the day of , 19. ., having first duly made and published her last will and testament, a copy of which is hereto annexed, marked "Exhibit A," in and by which she did, among other things, give, bequeath and devise her estate and property, real and personal, unto her husband, C. O. B., his heirs and assigns forever, but in trust nevertheless for the performance of her will concerning the same, that is to say (state the trust provisions) ; and did further direct that at the decease of the said C. O. B. she gave and bequeathed the remainder of said estate, after certain bequests, to be divided equally between S. L. B. and W. S. B., the plaintiff herein, and did give and confer to and upon the trustee acting under the said will, full power and authority by public sale or private contract in such way and manner and at such price or prices as he should deem expedient, to sell and convey any and all the real estate of which the trust premises were or should be composed and to do all needful acts requisite to convey a title thereto 18 The above form, although obtained from the practice of New Hampshire, is available for use in general chancery practice. 17 The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. 186 EQUITY FOEMS to the purchaser or purchasers and to invest the proceeds arising from such sale or sales in other real estate or in personal property with like power of disposition over any and all real estate in which the trust premises or any part thereof should be invested; and did fur- ther appoint Q. O. B. executor of the said will. II. The said will of the said M. A. B. was duly executed as a will of real estate in accordance with the requirements of the New Jersey statute, and as duly proved before the judge of the Probate Court in and for the county of commonwealth of Massachusetts, which Court then and there had jurisdiction of the probate of the said will, on the day of , 19 . . , by the said C. O. B., executor, and said C. O. B. took upon him the burden of administering the said estate and carrying out the trusts under said will. III. Subsequently on or about the sixth day of , 19.., the said C. O. B. purchased with part of the estate of the said M. A. B., then in his hands as trustee, certain real estate in (describe real estate in New Jersey). IV. Subsequently, the said C. O. B. died at , on the day of , 19 . . , seized of the property described in the said deed. Your orator is a son of the said C. O. B. Said C. O. B. had not fully executed the said will at the time of his death and he died intestate, and thereupon, on the day of , 19.., C. 0. B., the eldest son of the said trustee applied to the Judge of the Probate Court in and for the county of commonwealth of Mas- sachusetts for letters of administration de bonis non with the will annexed of the estate of said M. A. B.; whereupon such proceedings were had in the said Probate Court, that on the day of , 19.., the said C. O. B., the younger, was duly appointed administrator with the will annexed of the remaining estate of the said M. A. B. Yoiir orator has in his possession an exemplified copy of the said will (mention other Court papers) ready to be produced as the Court will direct. V. All of the estate of the said M. A. B. has been fully settled and the legacies given by said will have been fully paid, excepting the legacy of the residue to S. L. B. and W. S. B., all of whom are above the age of twenty-one years and reside out of the state of New Jersey. Said real property in New Jersey conveyed to C. O. B., trustee of the estate of M. A. B., deceased as aforesaid, is in equity the property of the said S. L. B. and W. S. B., and no other person is interested therein. VI. The said S. L. B. is married to one W. M. T.; and your orator Is married and his wife's name Is J. L. B. VII. In order to make title to said lands it is necessary that the trusts upon which the said real estate was held by C. 0. B. in his lifetime should be ascertained, and determined and that a new trustee should be appointed, or in default thereof that it should be decreed that the said S. L. T. and your orator, the persons beneficially inter- ested in said lands, have authority to convey the same. To the end, therefore: 1. {Prayer for answer.) 2. That the trusts upon which the said lands were held by C. O. B. in his lifetime may be ascertained and determined by this Court. 3. That a new trustee may be appointed If necessary and that TRUSTS 187 it may be established by the decree of this Court that the said S. L. T., M. J. B., W. L. B. and your orator have a good title to the said lands and may convey the same. {Add prayers for general relief and for process.) PENNSYLVANIA Form No. 160 (a) PETITION FOE APPOINTMENT OF TRUSTEE is (Title and Commencement.) The petition of A. B. respectfully represents: 1. By his certain deed dated the day of , A. D. 19.., X. Y., of assigned and conveyed certain property (description) to R. S., of , "in trust nevertheless, to and for and upon the uses, interests and purposes," as appears by said deed a copy of which is hereto attached marked "Exhibit A" and made part hereof. 2. The said R. S., trustee as aforesaid, assumed the duties of said trust and possessed himself of the said trust property and on or about the day of A. D. 19. ., he died, whereby a vacancy has occurred in said trust. Your petitioners, therefore, pray: That the Honorable Court order, adjudge and decree that another trustee be appointed to fill the vacancy occasioned by the death of the said R. S. Form No. 161 (b) BILL FOB ACCOUNTING AGAINST TRUSTEE " (Title and Commencement.) 1. M., widow, and your complainants. A., B. and C, by their certain Indenture bearing date the day of A. D. 19 . . , con- veyed to the above named defendant, X., then and now a resident of ., "all those" (description) "in trust nevertheless, to and for and upon the uses, intents, and purposes" as appears by said indenture, a copy of which is hereto appended marked "Exhibit A" and made part hereof, said indenture being duly recorded in the office for recording of deeds in and for the county of and state afore- said in deed book No etc., on the day of , A. D. 19... 2. Said trust was duly accepted by said X., who has been since actually engaged in the discharge of the duties thereof. 3. The said M., widow, died on or about the day of , A. D. 19.., leaving to survive her, three children, to- wit, the above named. A., B. and C. 4. Your complainants are advised that by reason of the death of the said M., widow, the said trust is determined, and that they are entitled to an account from the said X., trustee, and to have conveyed and to 18 The above form is peculiar to the chancery practice of Pennsyl- vania. IS The above form, although obtained from the practice of Penn- sylvania, is available for use in general chancery practice. 188 EQUITY FORMS have paid over and assigned to them all of the said property now in the hands and possession of X., trustee. 5. Your complainants have requested the said X., trustee, that he shall pay, convey, and assign unto them all their undivided interest, which they allege is each an undivided one-third, which the said X declines to do without a legal adjudication of the status of said trust. Wherefore your orators need equitable relief and pray: First. That it be decreed by your Honorable Court that the above named X., trustee, shall file an account as trustee of all funds which he has received under and in pursuance of the said trust. Second. That the said X. shall he directed and required to pay over to your orators such sum or sums as shall be ascertained to be due and payable to them or any of them upon the final settlement of his accounts as said trustee. Third. That the said X. shall be ordered and required to convey and assign unto your orators according to their respective interests all of the trust property in his hands, possession and control (Add prayer for general relief.) Form No. 162 (c) BILL TO ESTABLISH CONSTRUCTIVE TEtTSTzo (Title and Commencement.) 1. Your orators were, until the 18th day of September, A. D. 19.., the owners in fee of (description of property). 2. In January, 19 . . , your orators constituted and appointed the above named defendants their agents, to sell the above named real estate. 3. The defendants subsequently reported to your orators, and your orators believed that, as such agents, they had sold said property to one X., of the city of for the price or sum of ?26,000, and they entered into an agreement dated January 20, 19 . . , with the said X. to so sell the same, which agreement stipulated for settlement July 1, 19. ., with the provision that the time of settlement therefor could be extended for a period of ninety days upon payment of the further sum of five thousand dollars, to be credited on account of the purchase money. 4. The time for said settlement was so extended and on the 18th day of September, A. D. 19.., your orators signed, sealed, acknowl- edged, and delivered a deed for said property to the said X. and settle- ment was made with your orators upon the basis of a sale for the sum above mentioned, which deed was recorded on September 27, 19 . . , in the ofiBce for recording of deeds for the county of in deed book , etc., and your orators paid the said C. and D. the sum of ? , being two per cent on the alleged selling price as their commissions. 5. On the 26th day of September, A. B. 19.., the said X. signed, sealed, acknowledged and delivered a deed for the said property to one H., of the city of for the price or sum of $43,000, which deed 20 The above form, although obtained from the practice of Penn- sylvania, Is available for use in general chancery practice. TRUSTS 189 is on record in deed book , , etc., on September ^7th, 19. ., and took from said H. a mortgage on said property for the sum of $25,000, dated the 26th. day of September, A. D. 19 . . , in the office for recording of deeds for county in mortgage book , etc., which mortgage was duly assigned by said C. and D., the said defendants, by assignment dated the 26th day of September, A. D. 19 . . , and recorded at on the 27th day of September, A. D. 19.., in assignment book and assigned by the said C. and D. to the L. Company by assignment dated September 26th, 19.., and recorded September 27th, 19. ., at in assignment book. 6. The said X. was used by the said C. and D. solely as a straw- man and the sale was in fact actually made by the said C. and D. as your orators' agents, to said H. and, instead of your orators' said agents settling with your orators as they did on the basis of a sale for $26,000, they should have settled on the basis of a sale for $43,000. 7. The said C. and D. fraudulently represented to your orators that they had sold the said property for $26,000, and fraudulently concealed from your orators, notwithstanding their duty to disclose the full transaction, that they had actually made a sale of said property for $43,000 for the purpose of appropriating to themselves the difference between the said two sums, or about seventeen thousand dollars, which sum or the greater part thereof, they appropriated to their own use. "Wherefore your orators are without an adequate remedy at law and need equitable relief, and therefore pray your Honorable Court: First. To order and decree that the said C. and D., individually and as co-partners, be held as trustees for your orators for the money received by them from said H., which was not paid over to your orators in this bill. Second. To order, adjudge, and decree that the said C. and D. individually and as co-partners, account to your orators for all moneys received from the sale of the property described in said bill, including commissions and other expenses charged. Third. To order, adjudge, and decree that, when an account be stated and approved, the said C. and D. pay over to your orators in said bill the amount found due your said orators by the said C. and D. by the said account with interest. (Add prayer for general relief.) RHODE ISLAND Form No. 163 (a) PETITION FOR APPOINTMENT OF TRUSTEE 21 (Title and Commencement.) 1. E. B. J., of the city and county of Providence in the state of Rhode Island, died on the day of , leaving a last will and testament, which said will was admitted to probate in the Municipal Court of the city of Providence on the day of 21 In nearly all cases at the present day, trustees in R. I. are ap- pointed by petition. The above form is peculiar to the chancery practice of Rhode Island. 190 EQtFITT FOKMS , a copy of which said will and probate is hereto attached, marked "Exhibit A." 2. By the terms of said will all the rest, residue and remainder of testatrix's estate is left to her husband, W. B. F. J., and H. J., both of said Providence, in trust for certain uses and purposes. 3. Said will further provides that during the lifetime of said testatrix's husband there shall always be two trustees under said will capable of acting, and that any vacancy or vacancies occurring during the lifetime of her said husband in any trusteeship under said will shall be filled by the Superior Court of the state of Rhode Island, sitting in equity. 4. Said H. R. died on the day of 19. .. 5. The only persons interested in said trust estate are the said W. B. F. J., A. W. J., a minor twenty years of age, both of said Provi- dence, and L. W. R. of Central Falls in the state of Rhode Island. Wherefore your petitioners pray that A. B. of said Providence or some other suitable person, be appointed trustee under the will of said E. B. J., deceased, in place of said H. R., deceased. Form No. 164 (h) BHiIi foe appointment of TEUSTEE22 (.Title and Commencement.) 1. In and by the will of her mother, A. F. W. (which will was duly probated by the Municipal Court of the city of Providence, and a copy thereof is hereto annexed and made a part hereof), your complainant was given one-half of her mother's property and estate in fee and the other half of her mother's property was given to S. R. W. in trust to manage the said property and estate, collect the rents, etc., and as often as once in six months account with and pay over to your complainant for her use and benefit aU. said rents. 2. It is further expressly provided in said will that in case of the death or resignation of the said S. R. W., his successor shall be appointed by the Superior Court of Rhode Island, and that such new trustee or successor be vested with all the powers and be subject to all the obligations conferred and imposed upon the said S. R. W. 3. Said S. R. W. died on the twenty-fifth day of May, A. D. 19.., leaving as his heirs at law and residuary devisees and legatees, said defendants, G. E. "W., C. B. and M. H. W., his children. 4. There still remains property subject to said trust. Wherefore your complainant prays that said G. E. W. may be appointed trustee under the will of her mother, A. F. W., in place and stead of said S. R. W., deceased, and that the said G. E. W. may be vested with all the powers and be subject to all the obligations con- ferred and imposed upon said S. R. W. by said will, and for such other and further relief in the premises as to this Honorable Court shall seem meet. (Add prayer for process.) 22 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. TEUSTS 191 Form No. 165 (b) BILL FOE REMOVAL OF TRUSTEE 23 (Title and Commencement.) 1. J. C, late of Pawtucket, deceased, made his will in due form, a copy of which Is hereto annexed and made a part hereof; which will after his decease was duly proved and established in the Court of Probate of said Pawtucket, and I. S., of said Pawtucket, was duly appointed administrator of the estate of said J. C. with the will annexed. 2. By said will said testator provided that after the sale of his real estate and so much of his personal estate as his wife did not choose to keep, his estate should be transferred to his daughter, S. G., wife of W. H. G., to hold and manage the same, in the manner, upon the trusts and to the uses In said will mentioned. 3. There Is now due and payable out of said trust estate to your orator, R. C, by the terms of said will, the sum of one hundred and ninety-five dollars, which sum has been demanded of the said trustee by the said R. C, but the said trustee has refused to pay the same, or any part thereof, except upon condition that the said R., who is aged and infirm, come to her residence unaccompanied by any of her friends. 4. To' your orator, J. H. C, to whom an annuity of one hundred dollars in payments of fifty dollars each successive six months from the death of the testator, during his life, is given by the said will, there is now due and payable out of said trust estate the sum of three hundred dollars, and he has demanded payment of the annuity justly due him and payable to him, of the said trustee and she has refused to pay the same or any part thereof. 5. The said trustee has not given any bonds or other security for the faithful execution of said trusts. And your orators say that the said trustee is without any estate other than her interest in said trust estate and is utterly irresponsible; that she has declared her intention to do what she pleases with the said estate, and that if she should apply the whole of said trust estate to her own use or to uses other than that for which the said trust is held under the provi- sions of said will, your orators would be remediless. Wherefore your orators pray: 1. That the R. I. H. Trust Co., a corporation duly established by law in said Providence, may be appointed a trustee in place of the said S. G. under said will, to hold and administer said trust estate, or so much thereof as is not by the provisions of said will made immediately payable to said S. G. to her own use, and that said S. G. be ordered and directed forthwith to transfer and deliver to the said R. I. H. Trust Co. all of said trust estate, or so much thereof as is not by the provisions of said will made payable immediately to the use of the said S. G. to hold and dispose of the same upon the trusts and to the uses prescribed In said will. 2. That the defendant be restrained by the order and injunction of this Court from withdrawing or transferring any part of said trust 23 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 192 EQUITY FORMS estate from the P. Inst, for Savings, where the same is now deposited, until the further order of the Court. (Add prayers for general relief, for process, and for injunction.) {Verification.) Form No. 166 (c) BILIi TO ENFOECE EESXJLTING TEUST 21 (Title and Commencement.) 1. Your orator on the day of , 19. ., purchased of one D. C, of said Providence, certain real estate situated In said Providence, described as follows: (Insert description.) 2. The deed of said property was taken by him In the name of M. C, his wife, a copy of which said deed is hereto attached marked "Exhibit A." And your orator avers that the said M. C. paid no part of the purchase money for said property, but that the entire amount was paid by your orator out of his own moneys; and that as a matter of law there is a resulting trust for his benefit in the above described real estate. 3. The said M. C. died intestate on the day of , and the defendant now claims said real estate as being the sole heir- at-law and next of kin of the said M. C. To the end therefore, 1. (Prayer for answer.) 2. That it may be declared that the said real estate is charged with a trust in favor of and ought to be held for the use and benefit of this complainant, and that this defendant may be decreed to convey the legal title of said real estate to said complainant free of all encum- brances done or suffered by her. (Add prayers for general relief and for process.) WEST VIRGINIA Form No. 167 (a) BILL TO EEMOVE TEUSTEE UNDEE DEED OF ASSIGNMENT 25 (Title and Commencement.) 1. C. L. C, J. E. C. and J. K., all of , formerly trading under the firm name of K. & C, executed a certain deed of assign- ment, dated the day of 19. ., which is of record in the oflSce of the Clerk of the County Court of county. West Virginia, in deed of trust book (etc.), conveying to the defendant, C. M. C, assignee, all of the goods, merchandise, book accounts and property of every description belonging to the said 24 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 25 Adapted from bill in Wagner v. Coen, 41 W. Va. 351. All the other creditors were made parties defendant. The above form, although obtained from the practice of West Virginia, is available for use in general chancery practice. TRUSTS 193 firm (description). Said deed of assignment is filed herewith, as "Exhibit No. 1" hereof, which the plaintiff asks may be taken and read as a part hereof. 2. The defendant, C. M. C, assignee of K. & C, is indebted to the plaintiff in the sum of dollars for goods purchased by K. & C. of said plaintiff, with interest from , 19.., and certain costs; for all which the plaintiff asks judgment. The plaintiff also says that the original indebtedness for which he asks judgment was for goods sold by the plaintiff to C. L. C, J. E. C. and J. K., formerly trading under the firm name of K. & C, said goods being sold by the plaintiff to said K.& C, between 19.., and , 19.., as set forth In one itemized bill and filed herewith as "Exhibit No. 2" hereof, which the plaintiff asks may Ulso be taken and read as a part hereof. 3. The plaintiff alleges on Information and belief that the defend- ant, C. M. C, assignee, has violated the trusts reposed in him as such assignee, by not complying with the law in such case, and has violated section 28 of chapter 133 of the Code of West Virginia, and that there is danger of the loss of the property in the possession of such assignee or misappropriation of the same or material part thereof. The plain- tiff also alleges on Information and belief that the defendant, C. M. C, assignee, has been using funds that came into his hands as such assignee, to buy goods, which he has sold on time without knowing he would be able to collect the same; and that he has sold goods in his possession by virtue of said assignment on time, for which he has neglected to collect any money therefor. 4. The plaintiff further alleges on information and belief that the defendant, C. M. C, assignee, misappropriated a material part of the goods assigned by him by the said firm of K. & C. by giving the same to A. D., of , to the amount of about sixty dollars, with the understanding that the said goods were to pay a part of a certain indebtedness due the said A. D. by the said firm of K. & C, with the understanding that the said A. D. was not to pay for said goods even though the said defendant, C. M. C, assignee, was not able to pay as such assignee any of the creditors any amount due them by the said firm of K. & C; and that said goods were delivered to the said A. D. with the aforesaid understanding between the day of 19 . . , and the day of , 19 . . , in the city of 5. [State other like misappropriations.) 6. By reason of the facts aforesaid the plaintiff has been led to believe and does believe, and therefore here alleges, that the defend- ant, C. M. C, assignee, misappropriated a material part of the goods of the said firm of K. & C, which were assigned to him, and gave priority or preference to creditors of such firm of K. & C, to the exclusion and prejudice of other creditors and that this is a misap- propriation of a material part of the goods in his possession, and that there is a danger of a loss to the creditors, by virtue of section 28 of chapter 133 of the Code of West Virginia, and of chapter 78 of the Acts of the Legislature of -West Virginia, adopted in the year 1882. The plaintiff therefore prays that A. A. F., sheriff of county, be appointed receiver to take charge of all property belonging 194 EQUITY FORMS to the defendant, C. M. C, assignee, situated (etc.) and all the prop- erty of every description that was assigned to the said C. M. C, by the said firm of K. & C; that the said receiver may dispose of the same at either public or private sale as he may think to the greater advan- tage of the parties to this suit; that he may employ such agents as may be necessary for the proper performance of said trust; that the liens on the said property, if any, and that the amount due all the creditors be ascertained, and that distribution may be made ac- cordingly. (.Add prayer for general relief.) Form No. 168 (b) BILL TO ENFOECE EXPRESS TEUST 26 (Title and Commencement.) 1. Heretofore, tq-wit, on the day of , 19. ., plain- tiff, J. M. L., was united in marriage to one Mary E. M., the sister of defendants and the widow of one J. C. M. At the time of the death of said J. C. M. he was seized and possessed of a tract of land in said county (description). Said J. C. M. died intestate and without issue, leaving as his sole heirs at law his two brothers, J. W. M., and M. W. M., to whom the said land descended, only with the dower of his widow, the said Mary E. M. Upon the marriage of plaintiff with said widow, plaintiff purchased from her said brothers, J. W. M. and M. W. M., their several interests in said land, which by deed dated , 19.., they conveyed to said Mary E. M., then the wife of plaintiff, by her name of Mary B. L., for the consideration named in the conveyance of ?250.00. A copy of said conveyance is herewith filed as part thereof, marked "A." 2. At the date of said conveyance, the said Mary E. M. was a person wholly without means and unable to buy said land, or any part thereof, and the reason why plaintiff purchased the same was because she, as the wife of the plaintiff, was living upon the same with her vested interest in dower therein, and plaintiff who had then become her husband desired her to remain thereon as the wife of plaintiff, and at the same time to divest the interest by inheritance of her deceased husband's said brothers therein; and the title to said land was so conveyed to plaintiff's wife, for the reason that there was some objection upon the part of the grantors, in having the title there- to vest in plaintiff instead of in plaintiff's wife, and it was therefore agreed and understood between plaintiff and his said wife, that the said land should be conveyed to her, which was accordingly done, but with the express understanding and agreement, then had between them, in consideration of the payment of the purchase money therefor by plaintiff to the vendors, that plaintiff's wife should hold the land in trust for plaintiff. 3. In pursuance thereof plaintiff paid the whole of the purchase money for said land, and from the date of his said marriage up to 28 Adapted from bill in Ludwick v. Johnson, 67 W. Va. 499: 58 W. Va. 464. The above form, although obtained from the practice of West Virginia, is available for use in general chancery practice. TRUSTS 195 this time, has been in undisputed possession thereof, has made valuable and permanent improvements and has paid the taxes thereon, his right thereto having been always expressly recognized by his said wife under said agreement, and plaintiff is still in possession thereof, and has so remained uninterruptedly since his said wife's death as hereinafter mentioned. 4. On the day of , 19 . . , plaintiff's wife, the said Mary E. L., suddenly departed this life intestate, without issue, and the said land so conveyed to her, and paid for by plaintiff, descended by operation of law, to the said defendants, her brothers, as her sole heirs at law, subject to the curtesy of plaintiff therein, but neither of them, so far as plaintiff is advised, have ever set up to said land any claim as such heirs, hostile to the possession and right of plaintiff under said express understanding and agreement of plaintiff and his said wife. 5. Being in possession of said land he is entitled, plaintiff is advised, to come into this Court and have said express trust executed by having the said conveyance declared a cloud upon his right to said land, and to have the said defendants release and convey to him their interest therein, and in default thereof for a reasonable time, to have the same released and conveyed to him by a commissioner of this Court; or in case this relief may not for any reason be granted plain- tiff, that said purchase money with interest thereon from said day of , 19 . . , the date of said conveyance, may be declared a charge and lien upon said land, and the same be sold for the payment thereof, which relief in the order mentioned plaintiff specially prays may be granted him. (Add prayer for general relief.) MASSACHUSETTS Form No. 168A BILL TO ESTABLISH KESULTING TRUST i (Title, Address and Commencement.) The plaintiff says: 1. That J. K, late of said Lowell, died on July 18, 1913, leaving a will which was duly admitted to probate in said County of Middlesex on January 7, 1914; that letters testamentary thereon issued to the defend- ant S. K.; that he accepted the trust and that the said letters testa- mentary are now in full force; that a copy of said will is hereto annexed marked "Exhibit A." 2. That at the decease of said J. K. there was standing in his name a certain lot of land with the buildings thereon situated at the corner of First and Read Streets in said Lowell, subject to a mortgage for $1,000; that the equity was appraised at the sum of $1,500; that this equity, together with certain articles of personal property appraised at the sum of $27.50 constitutes his only estate. 3. That on March 8, 1907, the plaintiff entered into a marriage con- tract with the said J. K. who falsely and fraudulently represented him- 1 Taken from Morin v. Kirkland, Superior Court, Middlesex County, Mass., Equity No. 1010, Reported 226 Mass. p. 345. 196 EQUITY FORMS self to be a single man free from any legal imi>ediment to said marriage ; that the marriage ceremony was performed by Rev. J. C. at said Lowell, and the plaintiff and said J. K. thereafter lived together at said Lowell until his decease. 4. That long prior to Ijis pretended marriage to the plaintiff, viz., on October 2, 1890, the said J. K. was married to the defendant M. K., whose maiden name was M. G., at Millbury in said County of Worcester; that thereafter they lived together in said Commonwealth, and that a son, the defendant S. W. K., was born to them at Webster in said county of Worcester on July 3, 1891; that, as the plaintiff is informed~and believes and therefore avers, said J. K. deserted the defendant M. K. on or about July 3, 1891, and never lived with her thereafter; that they were never divorced or their marriage in any way annulled during his lifetime, and that said M. K. was his lawful wife at the time of his said pretended marriage to the plaintiff. 6. That the defendant M. KL has seasonably .filed in the Registry of Probate for said County of Middlesex, a writing in which she represents that she is the widow of the said J. K. and waives any provisions that may be made for her in his will, and claims such portion of his estate as she would have taken had he died intestate, and that said M. K. by her failure to claim the same within one year from the probate of his will has waived any right of dower she might otherwise have had in the real estate of said J. K. 6. That said S. W. K. has filed a writing in the Probate Office for said County of Middlesex in which he represents that he is a son of the defendant M. K. and of the said J. K., and, among other things, claims the same share in his father's estate that he would have taken if the said J. K. had died intestate. 7. That until after the decease of said J. K, the plaintiff had no notice or knowledge of his prior marriage to the defendant M. K. or that there was any legal impediment to his marrying the plaintiff; that she lived and dealt with him in the belief that he was her lawful husband, and was wholly deceived by the failure of the said J. K. to disclose the fact that he was the lawfiil husband of the defendant M. K.; that the plaintiff has seasonably filed in the Registry of Probate for said County of Middlesex a writing in which she waives, in the event that it should appear that she is the widow of said J. K., any provisions that may have been made for her in his will, and claims such portion of his estate as she would have taken if he had died intestate, a copy of which is hereto annexed, marked "Exhibit B." 8. That at the time of said pretended marriage the said J. K. and the plaintiff were employed as mill operatives in said Lowell; that there- after they each continued in such employment with the exception of a few weeks each year until some time in March, 1913, a period of a little more than six years, when said J. K. was taken to and confined to the house and when about two weeks later the plaintiff left the mill at his request so that she could give him personal care and attention ; that the said J. K. and the plaintiff set up housekeeping and maintained a home at said Lowell from the time of said pretended marriage to the time of his decease ; that during the whole of this period he paid into the hands of the plaintiff each week that he actually worked in the mill the sum of ten dollars with which to meet the household expenses ; that with his TRUSTS ^ 197 full knowledge and consent the plaintiff assumed the care and manage- ment of the house, did all the housework, and expended from day to day in a prudent and reasonable manner the whole amount of such weekly allowances for the necessary household expenses and household rquire- ments; that these allowances were no more than sufficient for the pur- poses for which the plaintiff received them and that they were the only moneys that she received from the said J. K. prior to February 1, 1909, the date of the conveyance to said J. K. cf the house and land at the corner of First and Read Streets In said Lowell, as hereinafter set forth in paragraph 10. 9. That on the day following the said pretended marriage, believing the said J. K. to be her lawful husband, the plaintiff paid into his hands at his request out of moneys which she had theretofore saved from her own earnings the sum of $700 in reliance upon his assurance that he would deposit the same in his name in the Washington Savings Institution in said Lowell, where the plaintiff has formerly had a de- posit and in which bank she had confidence ; that on the same day said J. K. accordingly deposited with the Washington Savings Institution out of the moneys which he had received from the plaintiff the sum of $637.36 to the credit of an account standing in his name which then amounted to the sum of $162.64; that about a year later, viz., on June 13, 1908, he withdrew from said account the sum of $200 which ex- ceeded in amount the total deposits from his own moneys with the dividends thereon, and applied the same to his own uses and purposes, but to no use or purpose of the plaintiff; that the bank book evidencing the said account was kept indifferently in the custody of the said J. K. and of the plaintiff; that additional deposits were made thereon out of the moneys saved by the plaintiff from her wages to the amount of $250, so that on February 3, 1909, when the account was closed and the money withdrawn, the same> amounted to the sum of $917, all of which the plaintiff says in truth and equity belonged to her. 10. That on February, 1909, a certain dwelling house and land sit- uated at the corner of First and Read Streets in said Lowell was conveyed to said by one for a cash consideration of $1,000, subject, however, to a mortgage to one for the sum of $1,800, by deed dated February 1, 1909, and recorded with Middlesex North Registry of Deeds, book 429, page 458;' that on December 2S, 1908, a deposit of $100 was made on account of the purchase price and the balance of $900, together with the further sum of $30.65 to cover the expense of an examination of the title and recording the deed -wo-.i paid in cash at the time of the transfer; that of these sums $230.6(5 was paid by the plaintiff from moneys which she saved from her earn ings and had in her possession, and, by means of a temporary loan to said from the Union National Bank of said Lowell secured by a pledge of said bank book the balance of $800 was paid out of moneys of the plaintiff which had been deposited in the Washington Savings Institution in the name of said and which were with- drawn from said bank for that purpose; that in fact the entire purchase price of $1,000 for said premises was paid with the money of the plaintiff and that therefore the said premises, subject to the mortgage thereon, were in truth and equity and now are her property, and that 198 EQUITY FORMS all the rents and profits therefrom during the lifetime of said belonged to her. 11. That from the time said premises were conveyed to him until his decease the said J. K. and the plaintiS occupied a portion of said premises, and the remaining portion as occupied by tenants for hire; that a part, but not all, of the rents received from such tenants was paid into the hands of the plaintiff either directly by the tenants or by said J. K.; that the plaintiff mingled these rents with the moneys which she saved out of her wages; that no exact account was kept of the amount of said rents, but that during the whole of said period they amounted to approximately the sum of $1,100; that extensive re- pairs were made to said premises; that from the moneys in her hands consisting in part of her earnings and in part of the rents received as aforesaid the plaintiff paid out for repairs, taxes, insurance, and inter- est on said mortgage the sum of about $2,500, and, in addition thereto, paid in various instalments the sum of $800 in reduction of the prin- cipal of said mortgage, making a total approximate amount of $3,300 disbursed by the plaintiff on account of said premises. 12. That the plaintiff received on an average the sum of $10 per week as wages; that she saved and expended out of her earnings for repairs, taxes and insurance on said premises and interest and prin- cipal of the mortgage thereon, a sum approximating $2,200; that out of her moneys the plaintiff from time to time paid into the hands of said J. K. at his request sundry sums of money for the purchase of clothing for himself and for other purposes, and paid the household expenses for and during such weekly periods as the said J. K. was not working in the mill and did not pay into her hands the said weekly allowances; that such payments out of the plaintiff's money amounted in all to approximately $700, all of which operated to unjustly enrich his estate. 13. That the said real estate was never conveyed away by said J. K., but stood in his name at the time of his decease, as hereinbefore stated; that the plaintiff has continued to occupy a portion of said premises ever since the decease of said J. K. without paying rent therefor, but that the defendant S. K. has since his appointment as such executor received rents from that portion of the premises not occupied by her, now amounting to a large sum, viz., approximately $600. 14. That when she was not actually occupied in the mill the plain- tiff devoted all her time and attention to household cares, and, after said real estate had been conveyed to said J. K., to the improvement and management of the same, all of which operated to unjustly enrich the estate of said J. K., in the event that it shall be found that the plaintiff is not in truth and equity the owner of said premises. 15. That the plaintiff was wholly deceived by the false and fraudu- lent representations made by said J. K. that he was free to marry; that the said J. K. and his estate were enriched unjustly by the plain- tiff's property, care, and labor, all of which was induced by his false and fraudulent conduct. Wherefore your petitioner prays: 1. That it shall be decreed that although the title to said real estate was taken in the name of said J. K., the consideration paid TRUSTS 199 therefor and all payments in any manner connected therewith were made for moneys of the plaintiff, and that the said J. K. took and held the title thereto under a resulting or constructive trust in favor of the plaintiff. 2. That a decree be entered directing the defendants and each of them to transfer and convey to the plaintiff by suitable and proper instruments of conveyance any and all rights which they and any of them may have in said real estate through or by reason of their being the widow, heirs at law, or executor of said J. K. 3. That an accounting may be had to determine the amount of the rents received by the defendant less such amounts as he may properly have expended in or a^out the said premises, and that he be ordered to pay the same to the plaintiff. 4. That in the event that it shall be determined that the plaintiff is not in truth and equity the owner of said real estate an accounting may be had for the purpose of determining to what amount the estate of said was unjustly enriched by moneys received from the plaintiff or expended by her, and that a decree be entered ordering that the defendant executor pay to her the sum so determined. 5. That a temporary injunction may issue restraining the defend- ants and and each of them from transferring, con- veying, encumbering, or in any way disposing of said real estate or any part thereof, pending the final disposition of this case. (Signature.) MASSACHUSETTS Form No. 168b SUIT TO ENFORCE TEUSTEE'S LIABILITY i (Title, Address and Commencem.ent.) J. N., in his capacity as receiver of The Associated Trust, having his usual place of business at Boston in said county of Suffolk, brings this his bill of complaint against F. B., having his usual place of busi- ness at said Boston, H. B., of said Boston, and Hotel P. Company, a corporation organized and established under the laws of said common- wealth, having its usual place of business in the town and county of Plymouth in said commonwealth, and thereupon he complains and says: 1. The plaintiff was appointed receiver of The Associated Trust by decree of the United States District Court for the District of Massa- chusetts entered August 27, 1914, in a suit in equity brought by H. P. H. & Sons Company, creditors of The Associated Trust, in behalf of themselves and other creditors who might join therein and become parties thereto, against C. D. et als., succeeding and present trustees of The Associated Trust. The plaintiff in said creditors' bill alleged in substance that The Associated Trust owned real estate of substan- tial value which was in danger of sacrifice through proceedings at law by mortgagees and attaching creditors, but which if sold at private sale ought to and probably would yield sufficient amount to satisfy 1 Taken from Noble, Receiver v. Blanchard, Supreme Judicial Court Suffolk Ci., Mass., Equity No. 1044. Reported 226 Mass. 335. 200 EQUITY FORMS the claims of all creditors and leave a surplus for the benefit of the share holders, and prayed that a receiver be appointed to take posses- sion of and manage the properties of the Trust, and for injunctions against further proceedings by mortgagees, attaching creditors or other holders of liens against said properties. A decree was entered in said creditors' suit appointing the plaintiff receiver and directing him, among other things, to receive all sums due or payable to The Asso- ciated Trust or to the defendant trustees, to institute and prosecute any claims, suits or proceedings that might be necessary or proper for the preservation of the assets of the Trust, and recovering posses- sion thereof, and generally to represent The Associated Trust in all matters of administration, pending the further order of the Court. And said decree is in full force and effect. The plaintiff as such re- ceiver has been managing the business of The Associated Trust, has effected sales of portions of its real estate under authority of subse- quent decrees of the District Court, has collected and is prosecuting and collecting claims due The Associated Trust, and in general liqui- dating the properties of the Trust preparatory to marshaling and distributing its assets among the creditors of the Trust and others, according to their rights therein. And the present suit is brought by the plaintiff in the course of said proceedings. la. The Associated Trust is an unincorporated association existing under a declaration of trust executed January 2, 1905, by the defend- ant F. B. as trustee. A copy of said declaration of trust is annexed to this bill of complaint and made a part thereof. 2. The defendant B. held office as trustee of The Associated Trust from its inception, January 2, 1905, until July 21, 1914. During said period he engaged in various transactions which were not within the powers vested in him as such trustee, were in violation of his duties as such trustee, and breaches of trust. Among said transactions were the following: a. The complainant is informed and believes that in August, 1913, said B. as trustee entered into a tripartite agreement with him- self as trustee of the Mortgage Investment & Savings Trust (a trust separate and distinct in respect to the personnel of its shareholders from The Associated Trust) and with one by which the said as trustee of The Associated Trust agreed, among other things, to build and complete certain buildings upon lands of the said Schulze, in which said land and buildings The Associated Trust had no financial or other interest; and in pursuance of said agreement pro- ceeded to build and construct said buildings. Such agreement and undertaking were not within the scope of the powers of said as trustee either by the express terms of said declaration of trust or as incidental to any other powers therein given. The said undertaking involved an expense far beyond the sums paid for said work, and re- sulted in substantial loss, amounting to $2,894.21. b. About February, 1913, said B. acquired in his own interests, and not as trustee of The Associated Trust, a portion of the stock of the P. Hotel Company, a corporation organized under New Jersey laws and owning the real estate known as the P. Hotel in Plymouth, Mass. At various times thereafter, the complainant is informed and believes, the said B. as trustee of The Associated Trust undertook to do certain TRUSTS 201 repair and reconstruction work on said hotel building. The complainant is informed and believes that said work -involved a cost to The Asso- ciated Trust in excess of the amount paid to it by the P. Hotel Com- pany of approximately $1,677.00, which said sum has never been paid to The Associated Trust. Said undertaking was in excess of B's. powers as trustee for the same reasons as stated in the last preceding paragraph. c. On or shortly previous to January 1, 1914, the said B. paid to stockholders of The Associated Trust the sum of approximately $45,000, being a "regular semi-annual dividend" of three per cent on their shares and an "extra dividend" of two per cent. No part of said sum had been earned by properties of The Associated Trust. On the con- trary the properties were operated during the preceding year at a deficit, and the money for said so-called dividend was procured by loans from various banking institutions on short-term notes bearing interest at the rate of 1 per cent monthly, secured by mortgages of real estate of The Associated Trust. By the terms of said declaration of trust the trustee had power to distribute net income of The Associated Trust in dividends to shareholders, but there was vested in him no power, either expressly or by implication, to pay dividends out of capital or distribute in guise of dividends money borrowed on security of the Trust's real estate. At the time of the payment of said dividend a substantial part of the indebtedness existing at the date of the appointment of the receiver and now existing had been incurred, and said payment substantially impaired the assets of the Trust that ought to and would otherwise have been available for payment of the sums due to creditors of the Trust. 3. The plaintiff is informed and believes and therefore alleges that the foregoing transactions alleged to have been in violation of the de- fendant's duties, and breaches of trust, were undertaken by the defend- ant in wilful disregard of his duties and obligations and the limitations of his powers under said declaration of trust; that in engaging in the transactions alleged in clauses (a) and (b) of section 2, the defendant was grossly negligent; and that in the matter of the payment of the so-called dividend, alleged in clause (c) of section 2, the defendant acted with full knowledge that said payment to shareholders was in excess of his powers; that the purpose in making it was to create in the minds of the creditors and public a false impression as to the finan- cial condition of The Associated Trust; and that his act in making said payment was done in bad faith, for which, under the terms of said declaration of trust, said defendant is not relieved from personal liability. 4. The complainant has been unable to discover any property of the said B. that can be reached or come at to be taken on execution in an action against the said B. at common law. He is informed and believes that in the year 1914 the said B. and others organized a corporation under the laws of Massachusetts called the Hotel P. Company, cap- italized at $50,000, divided into 500 shares each of a par value of $100, which said corporation received by conveyance the assets previously belonging to P. Hotel Company. The complainant is informed and believes that the said B. is the owner of 249 of said shares. Said 202 EQUITY FOEMS shares, however, do not stand in the name of said B., but the certifi- cate or certificates therefor were Issued to the defendant H. B. The complainant is informed and believes that said H. B. paid no considera- tion for said shares, and has no interest therein, and that the same are carried in her name for the convenience of the said B., and that no person other than the said B. has any right, title or interest in said shares or any of them; and that the said H. B. has no interest in any shares of the capital stock of the Hotel P. Company standing in her name. And the complainant further believes that unless said shares be reached and applied in satisfaction of the claim for the recovery of which this suit is brought the complainant will be without adequate relief in the premises. Wherefore the complainant prays: 1. That the loss and damage occasioned by the several breaches ot trust on the part of the defendant B., set forth in the plaintiff's bill of complaint may be determined and established, and a decree entered directing the said B. to pay the amount so established to the plaintiff in his capacity as receiver of The Associated Trust 2. That the shares of the said in the Hotel Com- pany may be reached and applied under the direction of this Court in satisfaction of the amount so found to be due. 3. That pending a final decree in this suit or until the further order of the Court an injunction may issue restraining the defendant from selling, assigning, transferring or presenting for transfer, or in any way encumbering or disposing of said shares of the capital stock of the Hotel Company standing in her name. 4. That pending a final decree in this suit or until the further order of the Court the Hotel Company and its officers and agents be severally enjoined from transferring on the books of the company any shares of stock standing in the name of 5. That pending a final decree in this cause the defendant and his servants, agents and attorneys, and each of them, be enjoined from selling, assigning, transferring, disposing of, or in any way en- cumbering any shares of stock in Hotel Company belonging to him, or from selling, assigning, transferring, disposing of, or in any way encumbering any interest that he has or may have in any of said shares. (Signature.) MASSACHUSETTS Form No. 168c BILL TO ENPOECE TEUST BY A BENEFICIAL OWNER 01' SAVINGS BANK BOOK WHERE ALLEGED TRUSTEE IS DECEASED 1 (Title, Address and Commencement.) 1. And the plaintiff says that he is of Boston in the County of Suf- folk and Commonwealth of Massachusetts — and that the defendant J. K. is of Boston in the County of Suffolk and Commonwealth of Massa- 1 Taken from Meagher v. Kimball, Special Admr., Superior Court, Suffolk Co., Mass., Equity No. 805. Reported 225 Mass. 32. TRUSTS 203 chusetts, and by reason of an appointment by the Probate Court of Suffolk County is the special administrator of the estate of T. M., late of said Boston. And the plaintiff says that the defendants, the Home Savings Bank and the Suffolk Savings Bank for Seamen and others are Savings Bank Institutions both duly organized by law and each having a usual place of business in said Boston in the County of Suffolk. 2. And the plaintiff says that he was the only son of the T. M. re- ferred to in the first paragraph of this Bill of Complaint, who died in Boston during the month of September in the year nineteen hundred and thirteen. That during his lifetime said T. M. had accumulated a sum of money in the neighborhood of four thousand dollars and that at his death said sum consisting of thirty-eight hundred thirty-eight and 5/100 (13,838.05) was deposited in four Savings Banks. .1st: The Provident Institutions for Savings in the Town of Boston, account No. 296690 amounting to $1,059.95; a Deposit in the Mattapan Deposit and Trust Company of South Boston in the sum of $839.05; 3d: A deposit in the Home Savings Bank of Boston, book No. 109169 which deposit stood In the name of the said T. M. as trustee for M. M., in the amount of $874.86, and a deposit in the Suffolk Savings Bank for Seamen and others, book No. 235052, where the amount of the deposit was $1,063.32, standing in the name of T. M., trustee for M. M. 3. And your plaintiff says that at the time of the deposit in the Home Savings Bank of Boston in book No. 109169, your plaintiff was present with the said T. M. at said Home Savings Bank, and that the said T. M. then and there declared that he was making said deposit in trust for the benefit of your plaintiff and that the proceeds of said deposit book No. 109169 were to belong to your plaintiff as and for his own. 4. And your plaintiff says that at the time of the deposit in the Suffolk Savings Bank for Seamen and others, in book No. 235052, your plaintiff was present with the said T. M. at said Suffolk Savings Bank, and that the said T. M. then and there declared that he was making said deposit in trust for the benefit of your plaintiff and that the proceeds of said deposit book No. 235052 were to belong to your plaintiff as and for his own. 5. And your plaintiff is informed and believes and therefore alleges that at the time of the deposits by the said T. M. in the said Savings Banks, the said T. M. made a declaration at each of said banks, that said moneys were being deposited by him in trust for the benefit of your plaintiff and that they were in fact your plaintiff's property. 6. And your plaintiff further says that the said T. M. in his life- time repeatedly informed your plaintiff that these deposits were made for him and were intended for him and were your plaintiff's property. And your plaintiff is informed and -believes and therefore alleges that the said T. M. during his lifetime informed many other persons that said deposits had been so made by him, the said T. M. and that said deposits were the property of your plaintiff. 7. And your plaintiff says that the defendant K. in his capacity as special administrator of the estate of said T. M. claimed said property as belonging to said estate and declines and refuses to recognize your plaintiff's right in and to the proceeds of said deposit books in said savings banks. 204 EQUITY FORMS 8. And your plaintiff further says that the said Suffolk Savings Bank for Seamen and others and the said Home Savings Bank decline to pay to your plaintiff the proceeds of said deposit books, alleging as a reason therefor that they are claimed by said J. K. in his capacity as special administrator of the estate of the said T. M. Wherefore your plaintiff prays this honorable court: 1st. That the defendant Suffolk Savings Bank for Seamen and others be restrained and enjoined from paying to the defendant J. K. any part of the deposit represented by book No. 235052 in his capacity as special administrator or in any other capacity until the further order of the court. 2d. That the defendant the Home Savings Bank be restrained and enjoined from paying to the said defendant J. K. any part of the de- posit represented by book No. 109169 in his capacity as special admin- istrator or in any other capacity until the further order of the court. 3d. That the said J. K. in his capacity as special administrator of the estate of T. M. be restrained from making any claim or claims or asserting any title to the proceeds of the deposit books aforesaid. 4th. That this Honorable Court issue its decree determining that said deposits, to wit, book No. 109169, Home Savings Bank, — ^and book No. 235052 in the Suffolk Savings Bank for Seamen and others, be and are the property of your plaintiff. (Signature.) RHODE ISLAND Form No. 168d BILL TO TERMINATE TRUST i (Title, Address and Commencement.) First. That H. A., late of the City of Providence, deceased, in and by his last will and testament, which was duly admitted to probate by the Municipal Court of said City of Providence, January 22d, A. D. 1884, gave, devised and bequeathed certain estate and property men- tioned in the seventeenth clause of his said will to one S. C, now de- ceased, in trust for H. C, now deceased intestate, with, power in the trustee to dispose of said property or any part thereof for the benefit of said H., and after the decease of said H. in trust to pay and convey the same or what remains thereof to said H's. heirs and assigns, a copy of which will is hereto annexed marked "Exhibit A." Second. That S. C. trustee as aforesaid sold and conveyed "said house and land where said E. C. formerly lived on Almy Street in Fall River, Commonwealth of Massachusetts" and invested the proceeds in bank, which said proceeds formed and now are a part of the trust fund. Third. That said S. C, trustee as aforesaid - deceased, September 7, 1888, and by a decree of the Appellate Division of the Supreme Court of the State of Rhode Island, entered November 22, 1890, H. C. was duly appointed trustee in her place and stead, and thereafter, to wit on the eighth day of November, A. D. 1900, the said H. C. Trustee de- 1 The above form though taken from the equity practice for Rhode Island is available for use in general chancery practice. TRUSTS 205 ceased, and by a decree of said Appellate Division entered October 14, 1901, B. H. of Portsmouth, Rhode Island, was duly appointed trustee under said seventeenth clause of said will. Fourth. That said trust fund, now amounting to seven thousand nine and 75/100 dollars and five (5) shares of the capital stock of the N. B. of C. of Providence, R. I., as we are informed and believe, still remains to be distributed. Fifth. That said J. C, H. M., S. P., H. M., H. C, J. C. and N. H. are the sole heirs at law of said H. C, widow of E. C, late of Fall River, deceased intestate. Sixth. That said J. C, one of the seven grandchildren and heirs of H. C, sold and conveyed his share and interest in said trust fund and estate to the sa;id R. S., one of the petitioners, a copy of which is hereto annexed marked "Exhibit B." Seventh. That R. S., H. M., S. P., H. M., and H. C. are of full age, and said J. C. and N. H. are minors under the guardianship of their mother H. C, widow of H. C. Eighth. That said B. H., trustee, has accounted to the petitioners concerning his dealings with the said trust estate. Ninth. That said trust has been fully completed and nothing further remains to be done in pursuance thereof. Wherefore, and inasmuch as your orators can have relief only in this Court of Equity, to the end that the said respondent, trustee as aforesaid, may full, true, direct and perfect answer make to all and singular the matters aforesaid, but not under oath, which is hereby expressly waived, and that a decree of this Honorable Court may be entered ordering the termination of said trust and a distribution of the trust funds among the several distributees to each one equal share, and further ordering the trustee discharged from further responsibility in the premises, and for such other relief as to the Court shall seem meet. (Prayer for process.) (.Verification.) (Signature.) RHODE ISLAND Form No. 168e BILL TO MODIFY TEEMS OF TETTST FOR SUPPORT OF MINORS i (Title and Address.) W. W., M. W., R. W., W. W., L. W. and J. W., all minors, of War- wick, in the State of Rhode Island, by their next friend and guardian, M. W., bring this their bill of complaint against the Rhode Island Hospital Trust Company of said Providence, as Trustee under a cer- tain deed of trust made by W. W., late of said Providence, deceased; and thereupon complaining say: 1. That said W. W., by a certain deed of trust, dated the 21st day of October, A. D. 1904, a copy of which is hereto annexed and made a part hereof, transferred to the said Rhode Island Hospital Trust Com- 1 The above form, though taken from the equity practice in Rhode Island, is available for use in general chancery practice. 206 EQUITY FORMS pany, respondent herein, all his right, title and interest in and to a certain policy of insurance issued by the Connecticut Mutual Life In- surance Company, of Connecticut, and numbered 173,494, wherein said W. W. was insured for the sum of one thousand dollars, in trust to hold said policy until the decease of the said W. W., and upon his decease to collect the money due on said policy and hold the same in trust until the oldest of his surviving children should have attained the age of twenty-one years; and as each of his surviving children attained the age of twenty-one years, to pay to him or her, upon re- quest, his or her proportional share of said one thousand dollars, with accumulative interest; with further directions for the disposal of said fund upon the happening of certain contingencies, none of which has occurred. 2. That the said W. W. died on the tenth day of November, A. D. 1904, leaving as his surviving children the complainants named herein, all of whom are minors under the age of twenty-one years. 3. That your orators, since the death of their father, said W, W., have lived with their mother, M. W., their guardian and next friend in this cause. They have no property except a house in the Town of Warwick, Rhode Island, in which they are now living; and if this should be sold, they would have to pay rent for a home elsewhere. And otherwise they are dependent for their support on their mother's earn- ings, which are wholly inadequate for that purpose. Your orators, W. W. and R. W., are invalids in delicate health and in need of medical attendance. 4. That the Rhode Island Hospital Trust Company, respondent herein, did collect the money due on said policy of insurance, as your orators are informed and believe, and now holds the same, with ac- cumulated interest thereon, in trust for the uses and purposes men- tioned in said deed of trust. 5. Wherefore, and Inasmuch as your orators can have relief only in this Court of Equity, to the end that said respondent, the Rhode Island Hospital Trust Company, may true, direct and perfect answer make to all and singular the matters aforesaid, but not under oath, which is hereby expressly waived, and that said respondent may be ordered to pay over to your orators such sum or sums out of the principal sum and accumulations aforesaid, and at such times, as this Court may order, for the support, maintenance and education of your orators; and for such other and further relief as your orators are entitled to and the Court shall deem proper. May it please the Court to grant to your orators a writ of subpoena to the said Rhode Island Hospital Trust Company, commanding it to appear before this Court and answer all and singular the matters afore- said and further to abide by and perform all the orders and decrees to be entered by this Court in this suit. (Verification.) {Signature.) TRUSTS 207 BHODE ISLAND Form No. 168f BILL BY TRUSTEE FOR INSTRUCTIONS i (Title and Address.) C. P., of the Town of Westerly, trustee under the will of W. H., late of the Town of East Greenwich, deceased, brings this his bill of com- plaint against D. H., of Providence (and others), and thereupon, com- plaining, says: First. The said "W. H. died a resident of the Town of East Green- wich, leaving a last will and testament (a copy whereof, marked "Ex- hibit A," is annexed hereto and made a part hereof) which was duly proved and approved by and before the Town Council of the said Town of East Greenwich on the thirty-first day of July, 1875, from which probate no appeal was taken. Second. In and by his said will the said W. H. devised and be- queathed the residue of his estate, real and personal, after the pay- ment of all debts and charges against his estate and a pecuniary legacy therein bequeathed, unto one N. D., his heirs and assigns, forever, in trust for the purposes therein set forth, that is to say, among other matters, to pay the net income from the trust estate to the testator's widow, B. H., for her own use during her life, and whenever in the judgment of the trustee necessary and proper for her comfortable support and maintenance, to sell and dispose of the trust estate in his hands or so much thereof as might be necessary and apply the proceeds, as far as necessary, to her support in comfort during her life, and after her decease to convey any of the trust property remaining in his hands unexpended to such persons as at her death should be the testator's next of kin according to the statutes of distribution then in force in the State of Rhode Island, such persons to take in the proportions pre- scribed by such statutes, — ^all of which in part here stated provisions will, by reference to the said will, whereof "Exhibit A" is a copy, fully and at length appear. Third. Said testator, W. H., died seized and possessed of property much more than sufficient to pay all debts and charges against his estate, and the said legacy bequeathed by the said will. Fourth. The said N. D. accepted the trust conferred upon him by said will and acted as trustee until his death, and thereupon, his son, N. D., Jr., was duly appointed trustee under said will in the place and stead of said N. D., and accepted said trust and acted as trustee until his death on the eighth day of November, 1897. Thereafter, by due pro- ceedings had and determined in the Appellate Division of the Supreme Court of this State, and by a final decree entered on the fifteenth day of January, 1898, the complainant, C. P., was duly appointed trustee under said will in the place and stead of said N. D. Jr., deceased, "with the same powers, authorities and discretions, as he might have had, in all respects, as though he had been originally appointed trustee by said will." And the said C. P. accepted the said trust and has ever since acted and is now acting as such trustee. 1 The above form, though taken from the equity practice in Rhode Island, is available for use in general chancery practice. 208 EQUITY FORMS Fifth. The said B. H., widow of the said testator, deceased on the fifth day of October, 1908. Sixth. All of the persons named above as defendants, with the ex- ception of the defendant, D. H., were next of kin to the testator at the death of the said B. H., according to the statutes of distribution then in force in the State of Rhode Island. Seventh. On the fifth day of November, 1908. the defendant, D. H., presented to the complainant, trustee as aforesaid, a bill (a copy of which is annexed hereto marked "Exhibit B"), amounting to the sum of four thousand one hundred forty-seven dollars ($4,147.00) for board, nurse's board, attendance of nurse, attendance of servants, medicine, bandages, etc., and medical attendance, alleged by the said defend- ant to have been furnished by him to the said B. H., on or prior to the fifth day of October, 1908, — all of which items will, by reference to the said bill, whereof "Exhibit B" is a copy, fully and at length appear. And the said defendant, D. H., after rendering said bill, made demand upon this complainant for pajTnent of the same out of the trust estate in his possession or out of the proceeds of a sale of the whole or a portion of said trust estate. Eighth. This complainant is seized and possessed, as such trustee, of trust property of greater value than the amount of said bill. He has no knowledge, however, of the items set forth in said bill, and he is advised that, even if said items shall be duly proved, he is not empowered by the terms of said will to apply the trust property, or any portion thereof, or the proceeds of any sale thereof, to the satis- faction of this claim, but that it is his duty to disregard said bill and to distribute said property to those persons who were the next of kin of the said testator at the decease of his said widow and to no others. Ninth. Certain of the above named defendants have made demand upon this complainant for distribution of said trust estate, but, before making such distribution, this complainant desires the protection of a decree of this Court instructing him whether the above mentioned claim of the defendant, D. H., or any part thereof, is payable from the trust estate. Tenth. In consideration whereof, and for as much as the complain- ant is remediless in the premises by the direct and strict rules of the common law and cannot have adequate relief therein save in a court of equity where matters of this and like nature are properly cognizable and relievable. Eleventh. To the end, therefore, that the said defendants, and each of them, may full, true, direct and perfect answer make to all and singular the matters hereinbefore stated and charged, as fully and par- ticularly as if they were thereunto distinctly interrogated (but not under oath, the Benefit whereof is hereby expressly waived) and that it may be declared and determined by the decree of this Honorable Court whether the said claim of the defendant, D. H., if the same shall be duly proved, is payable from the trust property devised and bequeathed by said will; and in the event it shall be declared that said claim is so payable that the amount, if any, of said claim so payable may be determined by this Honorable Court upon proper proof of the same by the said defendant, D. H.; and that an account may be taken of the doings of the said C. P. in the trusteeship, and that upon such TRUSTS 209 accounting the balance of said trust estate remaining for distribution under said will for which he is accountable may be ascertained; and that the complainant may have such other and further relief in the premises as to your Honor shall seem meet, and to justice and equity appertain. (Prayer for' process.) (Signature.) CHAPTER IX BILLS TO SET UP LOST OE DESTpOYED DEEDS OE OTHEE INSTEUMENTS ILLINOIS 1 Form No. 169 BILL TO SET UP LOST PEOMISSOEY NOTE (Title and Commencement.) 1. Your orators are copartners engaged in business in the city o£ Chicago, under the name of R. J. T. & Co. 2. The defendants, C. L. and E. L., are husband and wife, and being indebted in the sum of $500 did execute a principal note for $500 bearing date the 7th day of October, 19 . . , due three years after date, with interest at the rate of 6 per cent per annum, payable semi- annually, and payable to the order of the makers and by them en- dorsed, and did deliver the same to the defendant, H. W. A copy of said principal note, marked "Exhibit A," is attached to this bill. 3. To further the installments of interest maturing upon said prin- cipal note according to the terms thereof, the said C. L. £ind E. L. executed six interest notes, each for the sum of fl5 and due on the 7th day of April, and the 7th day of October in each year until maturity of said principal note; and, to secure said principal and interest, the said C. L. and E. L. executed a deed of trust, conveying to your orator, R. J. L., as trustee, the following described property: (Insert description); which deed bore date the 7th of October, 19.., and was recorded in the Recorder's oflBce of Cook county on the 9th day of October, 19... in book No '. . . of records, at page 308, as document No A true copy of said deed of trust, marked "Exhibit B," is attached to this bill. 4. No part of the indebtedness evidenced by the principal note, or interest notes maturing April 7, 19 . . , and thereafter has been paid. 5. Prior to the 7th day of April, 19. ., the said principal and interest notes were held by the defendant, H. W. On or about the 7th day of April, 19 . . , your orators purchased from the said H. W. said trust deed and principal and interest notes and paid him therefor the face value thereof, and thereby became the owners thereof, but through inadvertence, mistake or oversight, said principal note was not delivered; and on information and belief your orators aver that the said H. W. did through inadvertence or mistake, destroy or lose said principal note. 1 From a bill filed in Superior Court, Cook county, February, 1912. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 210 LOST OR DESTROYED DEEDS 211 6. Said principal note has been lost or destroyed through no Inat- tention, fault or negligence of your orators, and they have caused dili- gent search to be made for said note, but the same cannot be found. 7. The loss or destruction of said principal note has rendered the moneys due to your orators and evidenced by said trust deed and note, insecure, uncertain and unmerchantable, and unless the said defend- ants be directed by the order of this Court to execute a note in lieu of said principal note so lost or destroyed, your orators will suffer irreparable loss. Forasmuch, therefore, as your orators are without remedy in the premises except in a court of equity and to the end: 1. That (prayer for answer). 2. That it may be established by the order and decree of tliis Court that "Exhibit A," attached to this bill is a true and accurate copy of the principal note secured by the deed of trust hereinbefore de- scribed, and that the said C. L. and E. L. be directed by the order and decree of this Court to execute a note in lieu thereof. (Add prayers for general relief and for process.) MAINE Form No. 170 (a) BILL TO SET UP LOST DEED = (Title and Commencement.) 1. On the 17th day ot January, 19.., one J. B., then living, but since deceased, was seized in fee simple of the following described real estate: (Description.) 2. The said J. B., being thus seized of said land, on the same day sold and conveyed said land to one T. H. F., by his deed of con- veyance of that date. 3. The said deed given by said J. B. was on the same day duly acknowledged by him before a Justice of the Peace, but was not recorded and the said deed was thereafterwards accidentally lost with- out the fault of the plaintiff without ever having been recorded. 4. On the 21st day of September, 19. ., the said T. H. F. conveyed said real estate to the plaintiff by his deed of conveyance of that date, duly acknowledged and recorded, containing general covenants of warranty of title. 5. Upon the discovery of the loss of said deed given by said J. B. to said F. the plaintiff immediately applied to said J. B. to make a new deed of conveyance in place thereof, and the said B. expressed his willingness to execute such new deed but was prevented from so doing by his death, which occurred shortly afterwards upon the 23rd day of December, 19. .. 6. The said J. B. died intestate, leaving his two sons, the defend- ants, H. B. and B. B., as his sole heirs at law. Wherefore the plaintiff prays: 1.- That the defendants may be compelled to execute to the plaintiff 2 The above form, although obtained from the practice of Maine. is available for use in general chancery practice. 212 EQUITY FORMS a deed of conveyance of all their right, title and interest in and to said real estate. (Add prayers for general relief and for process.) AFFIDAVIT OF LOSS I, T. H. F., the person named in paragraph two of the ahove bill, hereby make oath and say: That on the 17th day of January, 19 . . , I had in my custody and possession the deed of conveyance of that date from J. B., referred to in said paragraph, but that I have since accidentally lost the same and although I have made diligent search, I have been unable to find the same and do not know where said deed now is. T. H. F. STATE OF MAINE , ss. 19... Subscribed and sworn to this day by the said T. H. P. before me, E. P., Justice of the Peace. Form No. 171 (b) BILL TO RECOVEE AMOUNT DUE ON BONDS LOST BY THEFT 3 (Title and Commencement.) 1. The plaintiff was, on the 21st day of January, 19.., the owner of two bonds, executed and issued by defendant, F. W. Co., one for $1,000 and the other for ?500, payable to bearer, with interest at 4 per cent, payable semi-annually upon presentation of the coupons attached to said bonds and also payable to bearer. 2. The said bonds with all of their coupons attached were on said date while still owned by the plaintiff, as aforesaid, stolen from the vaults of the P. T. Banking Co., a corporation duly existing by law and located at said , where they had been deposited by the plaintiff for safe keeping. 3. Upon discovering the loss of said bonds, the plaintiff at once notified the officers of said banking company and the police and gave notice of her loss by advertisements in two daily newspapers in said , but failed to recover either the bonds or the coupons. 4. On the 7th day of April, 19.., the plaintiff tendered to the defendant company proper indemnity and demanded payment from said company of the principal and interest of the said bond for ?500, the principal of which was then due, and of the interest due upon the said bond for |1,000, the principal of which was not then due, but payment thereof was refused by the defendants and has not yet been made by them. Wherefore the plaintiff prays: 1. That the defendant may be ordered and decreed to pay to her the amount now due upon said bonds and coupons and to become due thereon during the pendency of this suit, the plaintiff hereby offering to indemnify the defendant in such manner and with such sureties as 3 The above form, although obtained from the practice ol Maine, is available for use in general chancery practice. LOST OR DESTROYED DEEDS 213 the Court may direct, against loss or damage by reason of such pay- ment. {Add prayers for general relief and for process.) AFFIDAVIT OF LOSS BY THEFT I, M. L. S., the plaintiff in the above bill, make oath and say: That on the twenty-seventh day of December, 19.., I deposited the two bonds with coupons thereto attached, described in paragraph 1 of the above bill and owned by me, in the vaults of the P. T. Bank- ing Company, mentioned in paragraph 2 of said bill, but said bonds were on the 21st day of January, 19.., stolen from said vault and though I have made diligent search, I have been unable to recover the same and do not know where they now are. M. L. S. STATE OF MAINE , ss. ,19... Subscribed and sworn to this day, by the said M. L. S., before me, E. F., Justice of the Peace. MARYLAND Form No. 172 BILL TO SET UP LOST DEED OR OTHER INSTRUMENT * {Title and Commencement.) 1. ( Set forth in distinct paragraphs the facts upon which the equity of the bill is based.) To the end, therefore, 1. That this Court will pass an order requiring the said C. A. S. to discover whether or not he has said deed mentioned in paragraph 5, and if so, to require him to deliver the same to your orator. 2. That in case said deed is lost or has been destroyed, this Court will pass an order commanding the said defendants to execute and deliver to your orator a good deed for their respective shares in the land and premises mentioned in "Exhibit A." 3. That this Court will pass an order commanding and enjoining the said defendants from in any manner selling or disposing of or encumbering their interest in the land and premises mentioned in said "Exhibit A" to any other person than to your orator. (Add prayers for general relief, for process, and for injunction.) {Affidavit optional.) MASSACHUSETTS » Form No. 173 BILL TO RECOVER POSSESSION OF DOCUMENT SEIZED BY GRANTOR {Title and Commencement.) 1. On or about the 5th day of June, A. D. 19.., the plaintiff and * The above form, although obtained from the practice of Mary- land, is available for use in general chancery practice. s The above form, although obtained from the practice of Mas- sachusetts, is available for use in general chancery practice. 214 EQUITY FORMS defendant entered into an agreement in writing, a copy of which is hereto annexed, marked "Exhibit A." 2. By the terms of said agreement the defendant was bound to execute and deliver to the plaintiff an assignment of the letters patent of the United States therein referred to, to-wit, letters patent of the United States for a new and useful improvement in , said letters patent being numbered 3. Pursuant to said agreement, the plaintiff advanced money for the purpose of introducing into general use the improvements and devices covered by said letters patent, and performed all covenants and provisions of said agreement on the part of the plaintiff to be performed and was and is ready to advance money as required, to carry out the purposes of said agreement, and to do all other matters and things of the plaintiff required by the terms of said agreement. 4. It became necessary for the successful prosecution of said busi- ness in accordance with said agreement, that an assignment of said letters patent should be executed and delivered to the plaintiff as trustee under said agreement, and the plaintiff caused such assign- ment to be prepared, and the same was duly executed on or about August 9, 19. ., and left in the hands of the plaintiff. 5. The defendant, pretending that said assignment had never become operative to transfer the legal title of said patent from the defendant to the plaintiff, took said assignment or caused the same to be taken from the safe of the plaintiff, and withheld the same from the plaintiff so that said assignment could not be recorded; and mutilated the said instrument by tearing off the signatures and seals, so that said instrument could not be recorded, as provided in section 4898 of the Revised Statutes of the United States, and thereby the defendant has rendered imperfect and defective the title to said letters patent vested in the plaintiff by said assignment; so that by said wrongful acts of the defendant the value of said letters patent is seriously affected and endangered to the irreparable injury of the plaintiff's rights therein. 6. The defendant by his action aforesaid in withholding from the plaintiff said assignment has prevented the plaintiff from carrying on the business contemplated in said agreement, and has so interfered with said business as to endanger the capital already invested in the enterprise. 7. The defendant has withheld and still withholds said assignment pretending that the same has never been delivered, and has refused and still refuses to execute and deliver to the plaintiff an assignment and transfer of said letters patent as required by the terms of said agreement. 8. The defendant threatens to appropriate said invention to his own use to destroy the interest of the plaintiff therein, to prevent the carrying out of said agreement, and to inflict irreparable injury on the plaintiff. Wherefore, the plaintiff prays: That by a decree of this Honorable Court the defendant may be required either to restore to the plaintiff said assignment of letters patent wrongfully taken from the plaintiff as aforesaid, the contents thereof and signature and seal complete and uncancelled; or to re- LOST OR DESTROYED DEEDS 215 execute for the plaintiff an exact duplicate thereof; or to perform said agreement by executing and delivering to the plaintiff a good and sulficient deed of assignment to vest in the plaintiff the title to said letters patent. (Add prayer for general relief.) MICHIGAN 6 Form No. 174 ^ILL TO SET UP DEED LOST OK DESTROYED WHILE IN GRANTOR'S CUSTODY (Title and Commencement.) 1. Heretofore and on the day of A. D. 19 . ., one C. A., the father of your oratrix, now deceased, was and for years prior thereto had been the owner in his own right in fee simple of {insert description of land). 2. The said C. A. then was and for years prior thereto had been a widower, his wife, the mother of your oratrix, having died on or about the day of , A. D. 19. ., and during all that time since the death of her said mother your oratrix resided with the said C. A. and acted as his housekeeper, and did and performed all the household work of the said C. A. in and about his house, and con- tinued so to do until the death of the said C. A. 3. On the said day of , A. D. 19 . ., the said C. A., then being the owner of the said land, in consideration of the premises and of his natural love and affection for your oratrix, did make and execute under his hand and seal and deliver to your oratrix, a war- ranty deed of conveyance, and therein and thereby did (give abstract of the deed conveying said land to the oratrix) reserving a life estate to C. A.; (include allegations that deed was duly executed, acknowl- edged and delivered.) 4. The said C. A. then had other children, that is to say, two sons, D. A. and E. A., and the said C. A. then desired that the said deed should be kept secret and from the knowledge of his said sons so long as he should live; and for that reason he requested your oratrix to put the said deed into his keeping and not to record the same during his lifetime with which request she complied, and after the same had been delivered to her as aforesaid, she handed the same to C. A. for safe keeping and the said C. A. then promised to safely keep and pre- serve the same for her. 5. Afterwards on the day of A. D. 19. ., the said C. A. died intestate leaving surviving him his said sons, D. A. and E. A., and his said daughter your oratrix, his only heirs at law. 6. After the death of the said C. A. search was made, but the said deed was not found, nor has the said deed been found since that time, though diligent search has been made. 7. Afterwards your oratrix having been informed of the loss or destruction of the said deed as aforesaid, applied to the said D. A. and B. A. and requested them, in a friendly manner, to execute and The above form, although obtained from the practice of Michigan, is available for use in general chancery practice. 216 EQUITY FORMS \ deliver to her a quit claim deed of the said land, and thereby con- firm to her her title thereto acquired by the delivery of the said deed so lost or destroyed aforesaid, but so to do the said D. A. and E. A. on various and divers frivolous pretexts have hitherto refused and still do refuse, by reason whereof your oratrix is without any written evidence of her title to the said land, and the title thereto appears by the records to be in the heirs of the said C. A., deceased, as joint tenants thereof; and your oratrix is unable to sell or dispose of the said land or any part thereof at a fair value. Wherefore, your oratrix prays: I. (Prayer lor answer.) II. That the said deed so destroyed as aforesaid may be restored and that your oratrix may be decreed to be the sole owner of the said land in fee simple, and that the said D. A. and E. A. may be decreed to have no interest whatever therein. III. That your oratrix may have leave to cause such decree, or a certified copy thereof, to be recorded in the ofl&ce of the Register of Deeds of said county of and that such record be of the same effect as if the said original deed, lost or destroyed aforesaid were so recorded. (Add prayer {or general relief and prayer for process if deemed advisable.) NEW HAMPSHIRE ^ Form No. 175 PETITION FOR ISSUE OF STOCK CEETIFICATE TO EEPLACE LOST CERTIFICATE Respectfully represents R. F. K., of , that she is the owner of one share of class one of the C. & M. R. stock as evidenced by cer- tificate No dated 19 . . ; that she has lost said certificate and is imable to find the same, and desires a new certificate therefor; that said certificate was deposited and kept by her in her husband's safe in his store in said , and upon one occasion when she sought to secure the same for use she was unable to find it, although diligent search therefor had been made. Your petitioner believes that from the search she has made, and from the fact that waste papers were from time to time destroyed by her husband, this accidentally was thrown among such waste papers through mistake and destroyed therewith. She has requested the directors of the C. & M. R. to cause to be issued a new or duplicate certificate therefor, but said directors have declined so to do unlesB ordered or directed by the Court, and in such action are protected by decree of the Court. Wherefore, your petitioner prays that the Court may order and direct the directors of the C. & M. R. to cause to be issued to your petitioner a new or duplicate certificate in lieu of said certificate No. and that such decree be a warrant and protection for and to said directors of the corporation in issuing of such new or duplicate certificate, and for such other relief as may be just. f The above form is peculiar to the chancery practice of New Hampshire. LOST OR DESTROYED DEEDS 217 PENNSYLVANIA 8 Fonn No. 176 BILL TO SET VP LOST OR STOLEN BOND (Title and Commencement.) 1. Your orator did on the day of A. D. 19 . . , purchase and become the owner of registered bond No of the par value of one thousand dollars of the consolidated mortgage coupon bonds bearing interest at the rate of five per cent per annum, payable on the first days of March and September of each and every year; the principal payable on the day of A. D. 19. ., given by the X. Railway Company, a corporation duly chartered under the laws of the state of Pennsylvania, which bond at the time of purchase had all the coupons belonging thereto, thereto attached, and the same was duly registered in the name of your orator. 2. Payment of said bond is secured by a certain mortgage given by the said X. Railway Company, defendant, to the Y. Trust Company, trustee, dated , 19. ., and recorded in the ofiice for the record- ing of deeds of , . county in mortgage book , No. {etc.), on the day of , A. D. 19. .. 3. On or about the day of A. D. 19 . . , your orator lost the said bond with all the coupons thereto attached, it having been either dropped from the pocket of his coat or stolen therefrom. 4. Notice of said loss was at once given to said defendant, and public notice thereof given by advertisement in the Public Ledger, a newspaper published daily in the city of Philadelphia. 5. Payment has been made to your orator upon said bond No. of the semi-annual coupons from 1 to 6 inclusive from the first day of September, 19.., to the first day of March, 19... 6. No payments have been made upon any of said coupons since the first day of March, A. D. 19. ., although payment thereof has been demanded. 7. No claim has been made upon said defendants other than by your orator, for any payments on account of said bond, or the coupons thereon. 8. The title and absolute ownership of said bond together with the unpaid coupons thereon is in your orator. Wherefore, your orator needs equitable relief and prays: First. For an order upon said defendants requiring them to answer this bill and show cause, if any they have, why the said coupons should not be paid, together with interest thereon. Second. That the Court decree that the defendants pay your orator, his heirs, executors, administrators, or assigns, the amount now due and hereafter to become due upon said coupons and upon the said bond at maturity. Third. An order restraining the said defendants from paying the said bond or any of the coupons thereon to any other person or persons than your orator, his heirs, executors, administrators or assigns. (Add prayer for general relief.) 8 The above form, although obtained from the practice of Penn- sylvania, is available for use in general chancery practice. 218 EQUITY FORMS RHODE ISLAND ^ Form No. 177 BILL TO SET UP LOST DEED (Title and Commencement.) 1. S. L., wife of T. L., of said , deceased on the day of , 19. .. leaving a last will and testament which said will was by the Probate Court of said , legally approved and ordered recorded on the day of , 19.., as by the records of said Court doth appear. 2. Said S. L. was seized as of fee of a certain lot of land. (Insert description.) 3. By said will, said S. L. devised and bequeathed to her son, T. F. L., his heirs and assigns forever, after the death of her husband, T. L., said lot of land. 4. Said T. F. L. during the lifetime of T. L., on the day of , 19.., by deed duly executed and for good consideration remised, released and forever quitclaimed to your oratrix, her heirs and assigns forever, all his right, title and interest in and to the said lot of land and the defendant, M. E. L., who was the wife of said T. F. L., joined in said deed and released all her right of dower in said lot. 5. Your oratrix received said deed and kept the same safely in a proper place on or about the day of , 19. .. 6. Your oratrix at the request of said T. F. L. omitted to place the said deed on record in the Town Clerk's office in said Woonsocket; the said T. F. L. and your oratrix through accident, ignorance or mis- take, believing that the said deed could not legally be received for record during the lifetime of his said father, T. L. 7. On or about the day of , 19.., the said deed was without negligence on the part of your oratrix, either stolen or lost and so remains until the day of the bringing of this complaint, although your oratrix has made diligent search for the same. 8. Said T. L., deceased on the day of 19. ., and your oratrix thereupon entered into possession of said lot and has remained and still remains in possession of the same down to the day of the bringing of this bill. 9. Said T. F. L., deceased on the day of , 19.., leaving surviving him the defendants, M. B. L., his widow, and J. L., T. L. and M. B. L., Jr., his children, as his sole heirs at law. 10. By reason of the loss or destruction of the said deed, the same not having been recorded in the office of the City Clerk of said and the death of the said T. F. L. and T. L., the title of said lot of land as the same is recorded in said City Clerk's office is now in the said M. B. L. as doweress and the other defendants as of fee, creating a cloud upon the title of your oratrix to said lot; and thereby your oratrix is greatly damaged and her ownership of said lot made unsaleable. To the end that: 1. (Prayer for answer.) 9 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. LOST OR DESTROYED DEEDS 219 2. Either a decree may be entered upon the records of this Honor- able Court declaring that all the right, title and interest of said T. F. L. had to the above described lot in his lifetime is now in and belongs to your oratrix, and that the same shall be recorded in the registry of deeds in said . . . i ; or that a decree may be entered upon the records of this Honorable Court ordering a conveyance by deed of all the right, title and interest that may be in the said defend- ants in and to the said lot of land to your oratrix, and that the cause be referred to J. F. L., Master in Chancery, directing him to make and execute and deliver such deed. (Add prayersi for general relief and for process.) WEST VIRGINIA " Form No. 179 BILL TO SET UP A LOST WILL (Title and Commencement.) 1. J. J. W., deceased, late of , departed this life in the month of January in the year 19 . . , without issue, after having first made and published his last will and testament, dated the day of ,18... 2. The said last will and testament was, in the month of January, 19.., on the day of said month, and a few days after the testator's death, accidentally destroyed by the burning of the said instrument. (Here the original bill goes on to negative the terms of the statute as to methods of revocation, but this is probably un- necessary.) 3. Said last will and testament, destroyed by burning as aforesaid, contained the following devises, to- wit: (Summarize the provisions of the will, whereby the plaintiffs were m,ade sole legatees.) Said will was duly and legally executed on the day of in the year 1868, by the testator, and was duly, solemnly and legally wit- nessed by R. S. and W. D., the said W. D., since the witnessing thereof, having departed this life. 4. At the time of the institution of this suit the plaintiffs, T. D. and A. E. C, were and are the lawful wives of the plaintiffs, P. D. and G. C, respectively; all the parties defendant named in the caption of this bill as heirs at law of J. J. W., deceased, are heirs at law of the said J. J. W., deceased, and the only heirs at law of the said testator whose names are known to these plaintiffs; and plaintiffs are informed and believe the information to be true, and therefore allege the fact so to be, that there are other heirs at law of the said J. J. W., deceased, whose names are to these plaintiffs, and to each of them, unknown. The plaintiffs therefore pray that by a proper decree of this court the contents of the said will of said J. J. W., deceased, may be set up, declared and established as the last will and testament of J. J. W., deceased, and that they may have all such other, further and general relief as to equity and good conscience seemeth meet. 10 From bill in Dower v. Seeds, 28 W. Va. 113. The above form, although obtained from the practice of West Virginia, is available for use in general chancery practice. CHAPTER X BILLS TO EEFOEM OE CANCEL WEITTEN IN- STEUMENTS FOE MUTUAL MISTAKE OE FOE FEAUD IN THE CONSIDEEATION DELAWARE Form No. 180 (a) BILL BY GRANTOE TO REFORM DESCRIPTION IN DEED i {Title and Commencement.) 1. Tlie complainants are devisees under the last will of J. P. B. and as such devisees became entitled inter alia to the premises herein- after described. 2. On the day of A. D. 19 . . , the said complain- ants, together with M. B. B. (widow) since deceased, made and de- livered unto L. F. G., under their hands and seals a deed of which the following is a copy of the description of the premises: {Insert de- scription) ; "having a front of fifty feet and a depth of one hundred and , fifty feet," which said deed is recorded (etc.), which said deed, or the record thereof, the complainants pray may be taken as part of this bill of complaint. 3. On the day of A. D. 19.., the said L. F. G. and S. O. G., her husband, made and executed a mortgage upon the premises above described to the N. B. Association, a corporation of the state of Delaware, for the sum of dollars, which said mort- gage is recorded (etc.). 4. The description given in the said deed of the said premises in- tended to be conveyed was and is erroneous in this, that the said prem- ises are described as having a front of fifty feet, whereas the true and correct front is thirty-six feet four inches, which takes the true line of the property to other land of the devisees of J. P. B., which in the said deed is mentioned as bounding the premises included in the said deed, upon the south. 5. The said distance of 36 feet, 4 inches, as frontage is the true and correct front of the said premises as understood and contemplated by the parties and the actual location and extent of the lot intended to be conveyed were ascertained by view and inspection and were under- stood correctly and alike by all the parties to said deed at the time of its execution and the grantee immediately took possession of the same as owner, and she now holds the same, and no other parcel or portion under said deed, and the said plaintiffs thereafter continued in pos- session of the said adjoining parcel, claiming to own the same. 1 The above form, although obtained from the practice of Delaware, is available for use in general chancery practice. 220 BILLS TO KEFORM OR CANCEL 221 6. The said frontage of fifty feet would carry the line thirteen feet eight inches over on the other adjoining property belonging to the devisees of J. P. B., and through the dwelling house erected on the same, of which said adjoining lot the said devisees and grantors in said deed have been in unquestioned possession ever since the death of the said testator. 7. In order to make the deed conform to the actual intention of the parties, it is necessary that the said description should be rectified and reformed by substituting the words "thirty-six feet four inches" in lieu of the words "fifty feet" so as to make the description read "having a front of thirty-six feet four inches" instead of "having a front of fifty feet." The complainants pray as follows: 1. (Prayer for answer.) 2. That the said deed may be reformed in the manner above set forth, so as to give true effect to the intention of the parties. (Add prayers for general relief and for process.) (Verification.) Form No. 181 (b) BILL TO CANCEL NON-NEGOTIABLE OBLIGATION AND RESTRAIN ACTION AT LAW 2 (Title and Commencement.) 1. On October 5th, 19.., J. M. N., son of your oratrix, executed to her a certain judgment bond of said date, payable on or before October 6th, 19... On October 8th, 19.., a certain judgment was entered in the Superior Court of the state of Delaware, in and for New Castle county aforesaid, against the said J. M. N., in favor of your oratrix, for the real debt of two thousand dollars, and interest thereon from the said October 5th, 19. ., said judgment being No , Septem- ber term, A. D. 19 . . . Subsequently a writ of fieri facias was issued on the said judgment, the same being No , September term, A. D. 19 . . , which said writ the sheriff of the said county returned to the said Superior Court endorsed "levied on goods and chattels as per inventory and appraisement annexed, afterwards stayed by Pltff's. Atty. until further orders." Nothing was ever paid on account of the said judgment by the said J. M. N. to your oratrix. Your oratrix never knew that the said judgment had been entered in her favor until about one month prior to August 26th, 19.., when she was informed by her daughter, M. C. T., that the said J. M. N. had transferred to her at the County Court House, certain fixtures of a saloon which he, the said J. M. N., was then keeping. Your oratrix then protested to her said daughter against said alleged transfer. Your oratrix was not Informed by the said J. M. N. of the said transaction until August 26th, 19.., when she was likewise informed by him that he had transferred to her as aforesaid, the said saloon fixtures, and against which she like- wise protested to him. Your oratrix prays that a duly certified copy of said judgment may be taken as part of this bill of complaint. = The above form, although obtained from the practice of Delaware, is available for use in general chancery practice. 222 EQUITY FORMS 2. On August 26th, A. D. 19 . . , your oratrix executed a certain paper writing in the words and figures following, that is to say: (Insert copy of assignment of judgment to H. B. Co., "with recourse" signed iy oratrix.) Your oratrix prays that a duly certified copy of said paper writing may be taken as part of this bill of complaint. 3. On August 26th, A. D. 19.., the said judgment was marked by the Prothonotary of the said Superior Court for the use of the said H. B. Co., in the words and figures following (give the entry). 4. On November 23rd, A. D. 19. ., the said H. B. Co. caused a writ of alias fieri facias, the same being No , November term, A. D. 19.., to be issued out of the Superior Court of the state of Dela- ware, in and for New Castle cotmty, against the said J. M. N. for the said two thousand dollars and interest and costs thereon, and the said writ the sheriff of said county returned with the endorsement thereon "nulla bona.'' Your oratrix prays that duly certified copies of said entry and writ may be taken as part of this bill of complaint. 5. The said H. B. Co., subsequently, to-wit, at the February term, A. D. 19.., of the said Superior Court, brought an action of covenant against your oratrix for the collection of the said sum of two thousand dollars and the interest and costs thereon, said action being No. 98 of said February term. This action is now pending in the said Superior Court. Your oratrix prays that a duly certified copy of said writ may be taken as part of this bill of complaint. 6. Your oratrix was paid the sum of two dollars consideration as stated in the said paper writing as aforesaid, which said sum of two dollars she tenders herself ready to return to the said H. B. Co. The said sum of two dollars was all she ever received directly or indirectly and was the only consideration paid her by any person for so trans- ferring as aforesaid the said judgment to the said H. B. Co.; and there never was any payment, inducement, or reason for your orator sign- ing the said paper writing, save the payment of the said sum of two dollars as aforesaid, which she was urged to accept and which she took ignorant of the position in which she would place herself by so doing. 7. Your oratrix in executing the said paper writing was deceived by her said son, J. M. N., in whom she reposed great confidence, and one C. C. K.; he, the said J. M. N., representing to your oratrix, at the instance and request of the said C. C. K., that she, in executing the said paper writing was not making herself liable for the payment of the said sum of dollars, or making herself liable for the pay- ment of any money to the said H. B. Co., or to any one else, but by her so executing the said paper writing the said H. B. Co., merely took such rights as she might have under the said judgment Your oratrix has since been informed by the said J. M. N. that he was deceived by the said C. C. K., and that the distinct understanding between the said J. M. N. and the said C. C. K. was that your oratrix would not make herself liable for the payment of any money, by sign- ing the said paper writing to the H. B. Co., or to any one else, but by executing the said paper writing the said H. B. Co. merely took such rights as she might have under the said judgment. 8. The said J. M. N., in making the said false and fraudulent rep- BILLS TO REFORM OR CANCEL 223 resentations to your oratrlx as aforesaid was acting as the agent for and in belialf of the said H. B. Co.; and the said C. C. K., at whose instance and request the said false and fraudulent representations were made to your wator as aforesaid, was acting as the agent for and in behalf of the said the H. B. Co.; and your oratrix was induced to sign the said paper writing solely by the said false and fraudulent representations designedly made to her by the said J. M. N. at the instance and request of tho said C. C. K. as aforesaid. 9. Your oratrix was ignorant of the meaning of the provisions of the said paper writing, never having had any 'experience with papers of a similar nature. The sai'l S. M. N. urged her to sign the said paper writing immediately upon hip proposing to her that she should do so, which she did without having time for due deliberation, or an op- portunity to take professional advice. 10. An undue advantage was taken of your oratrix as aforesaid, by the said J. M. N. and C. C. K. and her signature to the said paper writ- ing was obtained by mistake and misrepresentations of the law; she was surprised to learn the alleged meaning of the said paper writing, having no idea that by signing the said paper writing she had made herself liable for the payment of any money until a demand was made on her by the said H. B. Co. for such payment. 11. Your oratrix is desirous of being relieved from the payment of the said sum of two thousand dollars debt and interest of the said judgment, and from being prosecuted by the said action of the said H. B. Co., and has no remedy save in this Honorable Court. The complainant prays as follows: I. {Prayer for answer.) II. That the said H. B. Co., the defendant, its successors and as- signs, may be perpetually restrained by the injunction of this Honor- able Court from prosecuting any action against your orator for the collection from her of the said sum of two thousand dollars, debt, in- terest and costs, or any part thereof, and also that a preliminary injunction may issue to restrain the said defendant, its successors or assigns, in like manner until the further order of the Chancellor (Add prayers for general relief, for procesis and for injunction.) (.Verification.) Form No. 182 (c) BILL TO CANCEL RELEASE 3 (Title and Commencement.) 1. Your oratrix, B. B. J., has duly instituted an action at law in the Superior Court of the state of Delaware, in and for New Castle county, against the P. Railroad Company, the defendant above named, to recover damages for injuries to her body, limbs and head, but more especially to her right eye, sustained by her on or about the day of , 19. ., while your oratrix was in her home and due to the negligence of the said company; and, having on the day of , A. D. 19. ., obtained leave of said Court to prosecute said action by her next friend, A. J., filed, on the day of , s The above form, although obtained from the practice of Delaware, is available for use in general chancery practice. 224 EQUITY FORMS A. D. 19. ., by leave of said Court to amend blank narr., an amended declaration in said action, a copy whereof hereto annexed and marked "Exhibit A," your oratrix prays may be taken as a part of this bill of complaint. 2. After receiving the said injuries, your oratrix was a patient under the care of certain physicians employed by said company, to- wit, Dr. F. of , and Dr. J. of and no other physicians were in attendance prior to February fourth, A. D. 19 . . ; the said Dr. F. at various times and places prior to the fourth day of February, 19 . . , represented and stated to the said B. B. J., her parents, and J. C. B., her guardian, that the injury to the said eye was very slight; that the eye was merely scratched; that there was nothing the matter with said eye and other statements to the like effect; the said Dr. J. did not at any time prior to the fourth day of February, A. D. 19.., make any statements to your oratrix, her parents, or guardian afore- said, concerning said injuries; but the said Dr. F. frequently con- ferred with the said Dr. J., while the said Dr. J. was attending your oratrix, and the said Dr. F. believed the statements made by him con- cerning said eye to be true and it was not in any way made known to him by the said Dr. J., that the said Dr. J. believed the injuries to the said eye were otherwise than as stated and represented by the said Dr. F. 3. Your oratrix, her parents and guardian aforesaid, had confidence in the said Dr. F., and believed and relied upon his statements and representations concerning the injury to the said eye; and another employee of the said defendant company, to-wit, one G. M. D., who was engaged in attending to and settling claims for injuries made against said company attributable to the same negligent conduct and acts as those causing the injuries to your oratrix, made statements to her and her parents similar to those made by the said Dr. F., and the said G. M. D. admitted to the parents of your oratrix that the said defendant company was responsible in damages for said injuries, and pursuant to and at the request (through said D.) and expense of the said company a guardian was appointed for your oratrix in order that a release satisfactory to the said defendant might be given, and your oratrix being above the age of fourteen years selected J. C. B., of who was duly appointed by the Orphans' Court of Sussex county. 4. Your oratrix, her said parents and guardian, relying upon and believing the statements of the said company and its agents concern- ing the nature and extent of the injury to the said eye did, on or about the fourth day of February, A. D. 19 . . , execute a release to the said company; said release also released the said company from damages for injuries sustained by A. M. J., mother of your oratrix, at the same time, to-wit, on or about the second day of December, A. D. 19 . . ; the consideration mentioned in said release, $3,400, was the total amount paid by said company pursuant to an agreement reached by the said G. M. D., agent of the said company, and your oratrix, her parents and guardian, for injuries received by both the mother of your oratrix and your oratrix, and your oratrix received |500 and her mother received ?2,900 of the said $3,400. 5. Neither your complainant, nor her guardian, would have exe- BILLS TO REFORM OR CANCEL 225 cuted said release had they not been induced to do so by the state- ments and representations made by the said Dr. F., in regard to the extent and nature of the injury to the right eye of your oratrix; but since the execution of the said release your oratrix has discovered, to her surprise and to the surprise of her parents and guardian afore- said, that the sclera of the said right eye was cut through and that the seat of injury was in the ciliary region, this being a far graver and more serious injury than that described by the said Dr. F., as the only injury to the said eye, and your oratrix has lost the sight of her said right eye and said eye was on the first day of November, A. D. 19.., removed; and your oratrix avers that had your oratrix not been Incorrectly informed as to the nature and extent of the said injury by the said agents of the said company the said release would not have been executed by herself, or her guardian; that the said release was executed under a mutual mistake of material facts; and that the said mistake was not due to the negligence of your oratrix, her parents or guardian aforesaid. 6. The said release being valid in so far as it effected a settlement for the injuries received by the mother of oratrix at the same time your oratrix was injured and caused by the same negligence of the said company, your oratrix would not be able to demand a return of said release to her on tender of the sum of $500 received by her of the total amount aforesaid, but does now tender, declare and hold herself ready to pay the same back to said company, or into the registry of this Honorable Court, for its use if and as the chancellor may direct. 7. The said release ought not to be pleaded, put in evidence or made use of in said action, it having been executed under a mutual mistake of material facts, but the said defendant claims full benefit of the said release or instrument. Your oratrix prays: (a) (Prayer for answer.) (b) That the said defendant, its successors, oflScers, agents, deputies and attorneys may be perpetually restrained by the injunction of this Honorable Court from pleading, proving, offering or putting in evi- dence, 'using, mentioning during the trial, or taking advantage in any way of said release, and that a preliminary injunction may issue by this Honorable Court restraining the said defendant, its successors, officers, agents, deputies and attorneys in like manner until the further order of the chancellor. (Add prayers for general relief and for process.) (Verification.) ILLINOIS Form No. 183 (a) BILL TO REFOEM INSTEUMENT BY ADDING A SEAL * (Title and Commencement.) 1. On December 13, 19 . . , complainants recovered judgments in the Circuit Court of this county against the B. T. Co., a corporation of ♦ Adapted from the bill filed in Henkleman et al. vs. Peterson et al., 154 111. 419. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 226 EQUITY FORMS this state, in the sum of |18,000; and on the same day caused execu- tion to be issued to the sheriff of Coolc county upon said judgment and delivered the same to J. H. G., sheriff of said county, to execute; who thereupon by virtue of said executions levied upon all the property of the said judgment debtor in Cook county, and subsequently on the 29th and 30th days of December, 19. ., sold the same in due course of law, realizing therefrom the net sum or balance of $12,484, applicable to the said execution and which, but for the restraining order herein- aftermentioned, the said sheriff would have paid over to these com- plainants. 2. On the 27th day of December, 19. ., the defendant, J. L. P., filed his bill in the Circuit Court of Cook county, in chancery, against these complainants, said sheriff and others seeking among other things to obtain a decree of said Court vacating the said judgments, and the lien of the executions issued thereon, and in the meantime to restrain the said sheriff from paying over to these complainants any of the proceeds of the said sale; and thereupon on said 27th day of Decem- ber, 19.., obtained from said Circuit Court an order for a writ of injunction according to the prayer of said bill, upon the said J. L. P. giving a bond in the penal sum of $5,000.00 properly conditioned for the protection of the parties affected by said injunction and to be ap- proved by the clerk of the Court. 3. On or about the 13th day of January, 19. ., the said J. L. P., in pursuance of said order and undertaking, and for the purpose of com- plying therewith, executed for himself as principal, and procured to be executed by the defendants, W. A. S. and E. G. K., as sureties, an instrimient in writing of which the following is a copy: (Setting out instrument.) Which said instrument in writing was then and there intended by said P. K. and S., the obligors therein named, to be a good, valid and sufficient bond for the purposes therein expressed; but although said instrument in writing was in the form of a bond and was in all re- spects except as hereinafter mentioned a good and sufficient bond as required by said order, yet the said P. K. and S., in executing the same, inadvertently omitted to affix to their signature any seal or scrawl by way of seal. And complainants further allege that when said instrument was presented to him for his approval, the clerk whose duty it was to examine the same and ascertain if it was in due form and properly executed, in like manner, inadvertently failed to notice that no seal or scrawl by way of a seal was affixed to the signatures of the said obligors and thereupon approved and filed the said instru- ment as and for a good and sufficient bond, given in compliance with the order aforesaid. The said original instrument is now on file in the offices of the clerk of said Court. 4. Afterwards, on January 15, 19.., these complainants duly ap- peared in said cause and appealed from the order of the Court grant- ing said injunction to the Appellate Court of Illinois for the first dis- trict and such proceedings were had in said Appellate Court upon said appeal that said Court thereafter, and on the 5th day of May, 19.., BILLS TO REFORM OR CANCEL 227 rendered its judgment thereupon, reversing the order so appealed from, whereby the said injunction became and was finally dissolved, as by the said judgment now remaining of record in the said Appellate Court in full force and effect, will more fully appear. 5. In consequence of said injunction and in obedience to the com- mand thereof, the sheriff of Cook county retained in his hands the said net proceeds of sale of the property of said B. T. Co., under said writs of execution, from the first day of January, 19.., until June 30, 19.., during all of which time complainants were thereby deprived of the use of said sum of $12,484 to their damage $374.00. And complain- ants were also put to great expense for the employment of counsel and other matters in said Circuit Court and in the said Appellate Court in procuring the dissolution of said injunction, to-wit, in the sum of $1,050, which said several sums the said principal defendants under and by virtue of the obligation created and intended to be created in and by said instrument in writing hereinbefore referred to are in equity and good conscience bound to pay these complainants as and for their damages sustained by reason of said injunction. 6. The complainants have demanded of said principal defendants that they pay them their damages as aforesaid, but the said principal defendants not only refuse to pay said damages or any part thereof, but now wrongfully pretend that in consequence of their omission to affix to their signatures to said instrument in writing any seals or scrawls by way of seals, the said instrument creates no obligation on their part to respond to these complainants in any way whatever for their damages aforesaid; and the complainant alleges that the said pretenses which the said principal defendants now put. forward touch- ing the same, constitute obstacles to the obtaining by these complain- ants of full and adequate relief against the principal defendants in a court of law. To the end, therefore: 1. That (prayer for answer.) 2. That it may be decreed by this Court that the said instrument in writing was and is the deed of the said principal defendants and each of them, and that it was and is a good, valid and sufficient bond for the purposes and according to the true intent and meaning thereof as therein recited and set forth, and that there was thereby created and is now thereby constituted a valid obligation on the part of the prin- cipal defendants and each of them to pay to these complainants their damages sustained by reason of said injunction, and if necessary that said principal defendants affix to their respective signatures to said instrument their seals or scrawls by way of seals, or that some suit- able person be directed by the Court to do so. 3. That the complainants' damages by reason of said injunction may be ascertained and assessed by the Court and the principal de- fendants decreed to pay the same. (Add prayers for general relief and for process.) 228 EQUITY FORMS , Form No. 184 (b) BILL BY LESSEE TO CANCEL LEASE FOE MUTXTAL MISTAKE 5 (Title and Commencement.) 1. The defendants are the owners of sub-lot 2 (etc.), together with the seven story and basement brick and stone building now situated on the said premises, which was erected thereon some years ago. 2. At no time prior to the execution of the lease hereinafter men- tioned did your orator have any personal knowledge except as was conveyed to him by the defendants in this action, as to the capacity of the foundation of said building, nor did the defendants herein have knowledge at the time of the making of said lease, as your orator Is informed and believes, of the extent and capacity of said foundation, and the strength of its walls; but in order to induce your orator to enter into a contract of lease of said premises, the defendants stated and represented to your orator that two additional stories could be constructed upon the said building for the sum of not exceeding twenty- five thousand dollars, and that the foundation of said building was of sufficient strength to support such stories without any further expense as to the said foundation or the walls of said building; and that by constructing two additional stories thereon, the said building would become more profitable to whoever might rent the same, and your orator believing and relying upon the said statements, did believe that a lease upon the said property with the improvements thus contem- plated would be a profitable investment for him to make. 3. On the 15th day of November, 19 . . , your orator and the defend- ants entered into a certain lease for said premises, for a period of 99 years, commencing on the 1st day of October, 1892, at an annual rental of $15,000, payable (etc.). In addition to the said rental, there was stipulated in said lease that your orator should within two years from the date of said lease, expend the sum of $25,000, upon the premises by adding thereto two stories upon the said building then standing upon said premises. A copy of said lease, marked "Exhibit A," is annexed to this bill, and your orator says that in entering into said lease he relied entirely upon the statements of said defendants hereinbefore described. 4. After taking possession of said building under said lease, and about the month of December, 19.., your orator employed a skilled architect to examine said building and prepare plans for erecting two additional stories thereon, as provided under the lease, and said archi- tect after faithfully investigating the concealed portions of the founda- tion of said building, truthfully reported to your orator that two addi- tional stories could not be constructed upon the said building because of the insufficiency of the present foundation and superstructure, and that the cost of strengthening the present walls and foundations in order to support two additional stories, instead of being $25,000, as rep- resented by the defendants herein, would be from 80 to 85 thousand dollars, and your orator was obliged to pay out the sum of $1,200 to said architect for making such examination and reporting; and this 5 Adapted from bill filed in Hooper vs. Fitzgerald, 204 111. 325. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. BILLS TO REPOEM OR CANCEL 229 was the first true information tliat your orator received from anyone concerning the strength of the foundations and walls of said building. 5. After your orator discovered that he could not erect said two stories without expending over $80,000, instead of but $25,000, as here- inbefore set forth, he applied to the defendants herein to cancel the said lease, which said defendants refused to do. 6. In addition to the payment of $16,000 as rent, your orator has paid taxes on. said building amounting to about $2,500, and said building has been kept in good repair at great expense to him, and he has kept a custodian in said building at a large expense. 7. On the 7th day of September, 19 . . , the defendants herein insti- tuted suit on the law side of this Court against your orator, claiming that he was indebted to said defendants in the sum of $13,371, which said Suit is general number , term number , in the Circuit Court of Cook county; and said suit is still pending, and notice has been served that the same will be put on the short cause calendar of said Court on Monday, the 8th day of October, 19.., for trial; and said defendants threaten that they will bring additional suits every three months for the rent as aforesaid, and thus harass and annoy your orator. The said suit is unjust and unreasonable, but your orator is unable to make the same defense at law as he could in equity in said cases; and the bringing of said suits multiplies litigation growing out of this transaction. 8. The only knowledge of the said walls that he had at the time of the negotiations and making and sealing of said lease, was such as was given to him by the defendants at the time of the making of said lease, and during the negotiations, and on information and belief your orator says that the defendants had no knowledge thereof at said time. Your orator has always been ready and willing to perform his part of said contract of lease, if the conditions of the walls of said building were sufficient to carry such extra stories without an expenditure in excess of the sum of $25,000, but by reason of the said defects in said walls and foundations, your orator is deprived of his contract and the profits, he, by the terms thereof, should have; and is entitled to be relieved of the burdens thereof. 9. Subsequent to the execution and delivery of said lease, the city council of Chicago, on the 13th day of March, 19.., passed the so- called "New Building Ordinance," which provides for the establish- ment of the Department of Buildings, and classifies buildings con- structed, to be constructed, or to be improved or added to, within the fire limits of the city of Chicago, into classes 1, 2, 3, and 4. The build- ing situated upon the real estate described in this bill is within the said fire limits, and by the said ordinance is a building of class 2 to which any additions shall be made entirely of fireproof construction, and your orator says that to comply with said ordinance would increase the weight on the walls of said building and increase the expense of strengthening the foundation and walls of said building to an enormous sum of $125,000 instead of $25,000, specified in the said lease; and therefore your orator says that he cannot comply with the said pro- visions of said lease and construct two extra or additional stories upon said building for the sum contemplated in said lease, and that the said 230 EQUITY FORMS lease is wholly annulled by the provisions of the said ordinance, and made an impossibility. 10. Your orator hereby ofEers to pay to the defendants such sum or sums as this Court shall find equitably due to the defendants upon the final hearing of this cause, and to do any other act which in equity and good conscience he ought to do, concerning the matters herein set out. Your orator being without remedy under the strict rules of the common law, therefore, prays: 1. That (prayer for answer) . 2. That the said lease may be cancelled. (Add prayers for general relief and for process.) MAINE Form No. 185 (a) BILL BY GEANTOE TO EEFOEM DEED BY INSEETING EXCEPTION OF CEETAIN LOTS 6 (Title and Commencement.) 1. On the first day of October, A. D. 19. ., the plaintiff was seized in fee of a certain farm with the buildings thereon situated (give description) . 2. On the said first day of October, 19.., defendant, C. A. A., who is a brother of the husband of the plaintiff, and who was then well acquainted with said farm and the metes and bounds thereof, and the quantity of land contained therein, and who had made such inquiries and investigations as he deemed necessary relating to the same and its metes and bounds, bargained and agreed with the plaintiff to pur- chase the same of her for dollars, and in consideration thereof she agreed to sell and convey the same to him for said sum. 3. Said farm had been on the first day of October, 19. ., conveyed to the plaintiff by one W. by his deed of that date, said W. having previously conveyed two certain parcels adjoining the same Lo one R. (insert descriptions). 4. Thereafterwards, to-wit, on the fifteenth day of October, A. D. 19. ., in pursuance of said bargain and agreement, defendant, C. A. A., caused a deed of the same to be drawn and prepared from the plain- tiff to him, in which said deed said farm was bounded and described without excepting the parcels above mentioned; and the plaintiff on the same day, executed and delivered said deed to him, and received therefor the sum of dollars in supposed fulfillment of their said bargain and agreement as aforesaid. 5. At the time of said bargain, sale and agreement, the plaintiff did not intend to sell and convey, and said 0. A. A. did not intend to pur- « Taken with alterations from the original bill in Andrews vs. Andrews, 81 Me. 337, on file in Clerk's OfiBce, Cumberland county. Bill sustained, deed reformed. See also for other precedents on this subject where the bill is given in full or is summarized. Tucker vs. Madden, 44 Me. 206; Pierce vs. Faunce, 47 Me. 507; Cross vs. Bean, 81 Me. 525. The above form, although obtained from the practice of Maine, is available for use in general chancery practice. BILLS TO REFORM OR CANdEL 231 chase and did not purchase as a part thereof any parcel or parcels not then actually owned and occupied by her, and previously sold and conveyed by said W. as aforesaid. 6. Both the plaintiff and the defendant well knew at the time of the making said deed that the plaintiff had no right, title or inter- est in said several parcels of land so previously conveyed by said W. to said R., which last deed of conveyance then was and for a long time had been duly recorded, and that she could not convey any right, title or Interest therein. 7. That the several parcels previously conveyed by said W. to said E. were not excepted from said deed or said mortgage, as of right they should have been was due to a mutual mistake between the plain- tiff and the said C. A. A. 8. Nevertheless the defendant, being fully cognizant of said mutual mistake in said deed and in said mortgage, on the day of , 19. ., wrongfully and contrary to equity and good conscience commenced an action at law against the plaintiff upon the covenants in said deed, returnable at the October term, A. D. 19.., of the Supreme Judicial Court, in said county, which action is now pending therein, claiming damages in said action for breach of the covenants in said deed. Wherefore the plaintiff prays: 1. That the said C. A. A. be enjoined and restrained from prosecut- ing his said suit against the plaintiff. 2. That said deed and said mortgage may be rectified and reformed in accordance with the bargain and agreement for the sale and con- veyance of said farm, and the mutual intent of the parties thereto at the time they were made, executed and delivered, by excepting from the premises therein described the several parcels so conveyed by said W. to said R., and the plaintiff herein offers to release from the opera- tion of said mortgage all of said parcels so erroneously included therein. {Add prayers for general relief, process, arid for injunction.') (Verification.) Form No. 186 (b) BILL TO COKEECT MISTAKE IN WILL 7 {Title and Commencement.) 1. The plaintiff G. W. was on the 5th day of June, 19 . . , indebted to N. W., late of , deceased, upon a certain promissory note dated September 1st, 19.., for $1,000 with interest at two per cent per annum, payable ten years from date and secured by plaintiff's mort- gage deed of even date with said note, recorded with deeds, book , page , conveying to said N. W. a certain parcel of real estate situated {insert description). 2. On said 5th day of June, 19 . . , while the plaintiff was thus in- debted, the said N. died leaving a will, which was, on the 3rd day of 7 Based on Wood v. White, 32 Me. 840. The above form, although obtained from the practice of Maine, is available for use in general chancery practice. 232 EQUITY FORMS October, 19. ., duly proved and allowed as his last will and testament, in the Probate Court of said county. 3. On the 10th day of November, 19.., the defendants, J. W. and J. B., were duly appointed executors of said will and have legally qualified themselves to act in said capacity. 4. By the terms of said will a copy of which marked "Exhibit A" is hereto annexed and made a part of this bill, the testator made among others, the following legacy, viz.: "I give to J. W., of the whole amount, principal and interest, he may owe me at the time of my decease, which is secured to me by mortgage, and I do direct my executors to i:elease said mortgage forever to the said J. W., as soon as may be after my decease." 5. The said legacy was, in fact, intended and made by the said N. W. for the benefit of the plaintiff in this suit, but the name "J. W." Instead of G. W., was inserted in said will by mistake. 6. The plaintiff has applied to the executors of said will, above named, for a release of the mortgage and a surrender of the notes in accordance with the directions in said will, but said executors have refused to comply with his request. Wherefore the plaintiff prays: 1. That the Court will correct the mistake in said will by declar- ing that the name of "J. W." was inserted therein by mistake instead of G. W., and that the plaintiff is in fact the person for whom the legacy was intended. 2. That the said executors may be ordered to release the said mort- gage and surrender said note to the plaintiff. (Add prayers for general relief and for process.) MARYLAND » Form No. 187 (a) BILL TO REFORM MISTAKE IN DEED OR OTHER INSTRUMENT {Title and Commencement.) 1. (Set forth in distinct paragraphs the facts upon which the equity of the Wl is hosed.) * * * * * To the end, therefore. That the written contract, dated the 25th day of November, 19.., between the defendants as parties of the first part, and your orator, S. E. D. S., may be reformed and corrected so as to include in it as a party of the second part your orator, E. R. S., and to include in it as parties of the first part, W. P. M., as trustee of I. B. M. T. and as trustee of C. T. M., and C. W. L., as trustee of A. P. L., and so as to secure and convey to your orators the right and title intended to be conveyed to them free and clear of any lien under the mortgage of the defendants to the Savings Bank of Baltimore, and under other mortgages hereinbefore mentioned, and may also be reformed so as to express clearly the intention of the parties to give to your 8 The above forms, although obtained from the practice of Mary- land, are available for use in general chancery practice. BILLS TO REFORM OR CANCEL 233 orators the right to the use of the wall upon the defendant's land as the same is now enjoyed by your orators. (Add prayers for general relief and for process.) Form No. 188 (b) BILL TO CANCEL INSTRUMENT (Title and Commencement.) 1. ( Set forth in distinct paragraphs the facts upon which the equity of the Mil is based.) * * * * * To the end, therefore, 1. That the said pretended release or instrument of writing appear- ing to have been made and executed on the 7th day of July, 1898, by the said to the , may be annulled and set aside by this Court. 2. That in the meantime the said their agents and serv- ants may be restrained by injunction from selling or in any manner disposing of otherwise than by delivery to your oratrix, any of the property or equity received by them from the estate of , or from the administrator of said estate. (Add prayers for general relief and for process.) MASSACHUSETTS » Form No. 189 (a) BILL BY GRANTOR TO REFORM DESCRIPTION IN A DEED (Title and Commencement.) 1. On the nineteenth day of January, A. D. 19 . . , the plaintiff exe- cuted and delivered to the defendants a deed, a copy whereof is hereto annexed marked "A." 2. The description therein given of the premises intended to be con- veyed was erroneous and in fact does not describe any premises what- ever, the word "ten" in the description in said deed, stating the length of the easterly line of said lot, being used where the word "two" should have been used and the northerly line of said lot running, in fact, with Center Avenue, only a portion of its length, and the re- mainder thereof running with land of T. F. G. and others; in order to make said deed pass any premises whatever and to make it conform to the intentions of the parties said word "ten" In said description must be changed to "two" and there should be added in description of the said northerly line apt words to indicate that a portion of its length was by land of T. F. G. and others; and at the time of the delivery of said deed, the parties hereto had a distinct understanding that said deed was to convey only such land as would be conveyed by it, if said changes indicated aforesaid were made and a corresponding price was paid by said defendants to said plaintiff. 3. If the northerly line of said lot should, as is set forth in said 9 The above forms, although obtained from the practice of Mas- sachusetts, are available for use in general chancery practice. See also Gaylord vs. Pelland, 169 Mass. 356, for substance of bill to reform deed for want of seal. 234 EQUITY FORMS deed, run its entire length by Center Avenue and thence the easterly line of said lot should be run on the course given in said deed and the length of said easterly line as stated in said deed be disregarded, said lot would then include many square rods of land now supposed to belong to said G. and others, on which is now, and was at the time of the delivery of said deed situated a building of the value of six him- dred dollars (?600) and to which the plaintiffs never had any title, all of which said defendants well knew at the time of the delivery of said deed. 4. The intention of the parties and the contract for sale under which said deed was made, contemplated only the sale and conveyance of the lot described as follows, viz.: {Insert correct description.) 5. Said description was erroneously made, through the mistake of the scrivener, who prepared said deed, who took the description from an illegible description in a previous deed of said premises, and the mistake was not noticed by either of the parties hereto until long after the delivery and registration of said deed; and as said deed was drafted it was and is contrary to the intention at the time of its de- livery, of all the parties thereto. 6. The defendants on the twenty-sixth day of March, A. D. 19.., began a suit at law against the plaintiff herein for a breach of the covenants in said deed, that he was seized in fee simple of the premises therein described and that he had good right to sell and convey the same. 7. The defendants at the time of the delivery of said deed, knew that the plaintiff, C. S. L., had no title to said shop or the land on which it stood and knew that it was not intended to convey the same by said deed, and that the price paid for said deed did not include said shop or the land thereunder, and was not adequate therefor, nor for any other land except that described as said deed would describe it after said changes had been made. The plaintiffs pray: 1. That said deed may be reformed. 2. That said defendants, and each of them and their and each of their heirs, assigns, servants, agents and attorneys be perpetually enjoined from further proceeding with said suit at law or any suit, proceeding, or process whatsoever under said deed, as it now stands and be ordered to discontinue said suit, with costs to the plaintiff in this bill. (Add prayer for general relief.) {.Verification.) Form No. 190 (b) BILL TO CANCEL DISCHARGE OF MORTGAGE {Title and Commencement.) 1. The plaintiff is seized in fee simple of a certain piece of land {insert description). 2. Before and up to the time of the conveyance of the said premises to her on November 10, 19 . . , by one S. H. P., there were two mortgages upon said premises held by one C. E. W., one given on the day of , A. p. 19 . . , to secure a npte of fifteen hundred dollars BILLS TO REFORM OR CANCEL 235 given by said P. to one B., which mortgage was on 19. ., as- signed by said B. to said W., there being then due thereon the sum ol; $1,037; the other mortgage was given to said W. by said P. on the day of A. D. 19. ., to secure his note of one thou- sand dollars. 3. The said P.'s wife is the sister of the said plaintiff; and the said P. resided with his wife and children on said premises before said mortgage, and has resided there ever since. Said P. was unable to pay said mortgages or the interest accruing thereon; and the plaintiff, desiring to assist him, a day or two before the seventli day of Novem- ber, 19.., paid said W. the simi of two thousand dollars for both of said mortgages, being a little less than the amount due thereon, but all that the mortgaged premises were worth in fact and in the opinion of said W. The said W. looked to said premises alone for payment of the mortgage debts because said P. had no other property. 4. At the time of said payment, the plaintiff took a receipt for the two thousand dollars and said W. agreed to execute and deliver to her thereafter assignments of said mortgages; and thereafter on the ninth day of November, 19.., defendant, J. M. C, came to the residence of said P., where the plaintiff then was, and for said W. delivered to her assignments of said mortgages executed by said W., assigning said mortgages to her. The plaintiff then informed said C. that in con- sideration of the payment of said two thousand dollars by her and the payment of the taxes on said premises due to the town of M. for two years, the said P. was about to convey the premises described in said mortgages to her, and that premises were not worth more than two thousand dollars. The plaintiff at that time had no knowledge that said C. had any claim against said P. or was interested in any way in said transaction except as he was acting for said W. in delivering said assignments. 5. The said C. on the said date advised her to have said mortgages discharged and not assigned, representing that it was irregular and not businesslike to have them assigned for the reason that she was going to receive a conveyance of the premises. Said advice was given to her by said C. holding himself out to her in the character of a friend; she believing him to be prompted only by the desire to assist her, she being a woman unacquainted with business and he a man well ac- quainted with all kinds of business and familiar with the purpose and effect of all ordinary deeds and conveyances; and the plaintiff avers that said C. well knew that the 'plaintiff was ignorant that he had any interest in said matter and well knew that she believed that in giving said advice he was acting as a friend to her; but the plaintiff says that in reality he intended by said advice to deceive and mislead her and induce her to have said mortgages discharged with the pur- pose thereby to secure by attachment of said premises a debt of $600 due from said P. for merchandise to J. M. C. & Company, a firm con- sisting of said C. and defendant, G. H.; and that plaintiff avers that said C. well knew that said P. was going to convey said premises to the plaintiff and said C. intended to cause said premises to be attached to secure said claims and well knew that said premises were not worth more than two thousand dollars. 236 EQUITY FORZiiS 6. On the afternoon of the day last mentioned, said C. caused an attachment to be placed on said premises for his said firm to secure the claims due said firm named above, in an action of contract return- able to the Superior Court in said county of which action is still pending. 7. Induced by and relying on the advice and representations of said C. previously given her, the plaintiff decided to have said mortgages discharged and delivered said assignments to said C. as her agent to return them to said W., requesting him to have said W. execute dis- charges of said mortgages; and on the following morning, to-wit, on the tenth day of November, said C. came with the discharges of said mortgages duly executed and acknowledged by said W., which he thereupon delivered to her, and which she, induced by and relying upon his representations that she ought to receive such discharges and not assignments, and in ignorance that said C. had already caused said estate to be attached, accepted; and on the same day said P. executed an absolute deed of warranty of said premises'to the plain- tiff which was duly executed and acknowledged, and on the follow- ing day said deed and discharges were duly recorded. Wherefore, the plaintiff prays that it may be ordered and decreed that said mortgages shall, as to said attachment be subsisting encum- brances upon said property; and that said defendants may be, during the pendency of this bill, enjoined from prosecuting said suit at law to final judgment; and that said instruments shall be considered as transferring to her the title to said mortgages as against any claim imder said attachment of said J. M. C. & Company; and that they may be enjoined from in any way contesting or disputing her title thereunder. (Add prayer for general relief.) MICHIGAN " Form No. 191 BILL BY GRANTEE TO EEFOEM DESCRIPTION IN DEED (Title and Commencement.) 1. On or about the .'. day of A. D. 19. ., your orator purchased from one J. B., then of , who has since deceased (insert description of land), for which your orator then paid the said J. B., the sum of dollars, that being the full agreed purchase price thereof. 2. On the day and year last aforesaid, in pursuance of such pur- chase, and in consideration of the purchase price aforesaid the said J. B. did execute under his hand and seal, acknowledge and deliver to your orator, a warranty deed, intending thereby to convey to him the land and premises above described; but by a mistake of the scrivener who prepared the said deed, the land and premises were described therein as (insert here the incorrect description). The said J. B. delivered the said deed and your orator accepted the same in ignorance of the said mistake, and both of them then believed that by its terms 10 The above form, although obtained from the practice of Michigan, is available for use in general chancery practice. BILLS TO REFORM OR CANCEL 237 it conveyed the said land so purchased and herein first described; and afterwards on or about the day of , A. D. 19 . . , your orator being still in ignorance of the said mistalce in the descrip- tion of the said land, caused the said deed to be recorded in the office of the Register of Deeds of the said county of , in liber of deeds at page , as by the said deed now in posses- sion of your orator, and by the said record now remaining in the said Register's ofiBce, whereto reference is prayed, will fully appear. 3. Soon after the execution and delivery of the said deed and on or about the day of , A. D. 19.., your orator was by the said J. B. let into possession of the said land so purchased and intended to be conveyed, and your orator has continued in the actual possession and occupation thereof ever since that time. 4. Afterwards and on or about the day of , A. D, 19 . . , the said J. B., then being a widower, departed this life intestate, leaving D. B., E. B. and F. B., his children and only neirs at law, The said E. B. and F. B. are minors under the age of twenty-one years, being of the ages of about years and years respective- ly, and incapable of joining in a conveyance to correct the said mis take in the description of the land in the said deed. 5. Your orator did not discover the said mistake until after the death of the said J. B., nor until a very short time since, that is to say, until about the day of , A. D. 19 . ., and from the time of his purchase and the execution and delivery of the said deed until the said last mentioned day, he rested in the belief that the said deed contained a correct description of the said land which he pur- chased from the said J. B. as aforesaid. 6. By reason of the said mistake in the description of the land in the said deed, your orator is unable to sell or dispose of the said land or any part thereof as he might desire to do. In consideration, whereof, and to the end, therefore: I. That (prayer for answer). II. That the said error and mistake in the said deed may be cor- rected, and the said deed reformed, so as truly to describe the said land and premises intended to have been thereby conveyed. III. That your orator may be decreed to be the owner of the said land intended to have been conveyed by the said deed, and that your orator have leave to cause such decree to be recorded in the office of the Register of Deeds of said county of (Add prayer for general relief.) NEW HAMPSHIRE " Form No. 192 BILL BY GRANTEE TO REFORM DESCRIPTION IN DEED (Title and Commencement.) 1. On the twenty-eighth day of September, 19.., the defendant was the owner of and occupied certain real estate (give description). 2. On the twenty-eighth day of September, 19.., said defendant 11 The above form, although obtained from the practice of New Hampshire, is available for use in general chancery practice. 238 EQUITY FORMS made a contract in writing with one S. G. L., of said Concord, to convey to Iiim or such other person as he should choose all of said described real estate for the sum of. four thousand dollars to be paid within sixty days from said date; and the plaintiffs were chosen by said L. to receive such conveyance, and they were thereby substituted by his rights under said agreement. 3. Said sum of four thousand dollars was paid by the plaintiffs within sixty days from the date of said agreement in accordance with its terms, to-wit: on the seventh day of November, 19.., and on the same day a deed was executed and soon thereafter delivered to them by said defendant, which was supposed by the plaintiffs and defendant to convey all of said real estate in accordance with the terms of said agreement. 4. By reason of the mistake and error of the person who wrote the deed, the "Northern Railroad" was written in the deed as the easterly boundary of said land, instead of the "Northern Railroad and land of W. B. S." as is the fact; and by mistake and error said further descrip- tion was as follows "and being all that farm owned by J. P. R. at the time of his decease." 5. Upon the delivery of said deed it was represented by the defendant to the plaintiffs and believed by them both, that the descrip- tion and boundaries contained in the deed were true and correct description and boundaries of all the land occupied by her, and that the deed was delivered as a good and valid conveyance of all said land, and in compliance with the agreement, and it was the intent and meaning of the defendant so to convey and the plaintiffs accepted the deed upon the understanding that it did convey all of the land before described, and caused it to be recorded; but in fact the deed did not contain a true description of the tract, there being an error and mis- take in the description as before mentioned. 6. The defendant now claims title to a small tract of said premises containing one acre and eight rods bounded westerly by said highway, northerly and easterly by land of W. B. S. and southerly by land of said defendant. Wherefore, the plaintiffs pray that said deed may be reformed and rectified; and for such other relief as may be just. NEW JERSEY 12 Form No. 193 BILL BY GRANTEE TO REFORM DESCRIPTION IN A DEED (Title and Commencement.) I. During the year nineteen hundred and , your orator being desirous of purchasing a place of residence in , called upon E. E. B., a real estate agent, having his place of business in said city, and among other properties to which the said E. E. B. called the attention of your orator was the property, 73 H Street in said city, which the said B. informed your orator was then owned by H. G. B., of said city, the wife of 0. B. B. In the early part of the 12 The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. BILLS TO REFORM OR CANCEL 239 month of September, 19 . . , in company with said B. your orator viewed the said property and found that it consisted of a dwelling house erected upon a plot of ground on the west side of H Street, having a frontage on H Street of about one hundred feet, the south line running back to an iron fence along which a hedge had been grown. The said B.' then and there informed your orator that the line of said property followed the line of said iron fence which ran (describe the boundary), so as to include said stable. Said B., acting as the agent of said H. G. B., then and there informed your orator that he had been instructed by said H. G. B. and her husband, the said C. B. B., that a sale of said premises would include all of the land up to and along the line of said iron fence and hedge, and said B. at his o£Sce subsequently made the same representation to your orator and exhibited to him a map of said property showing the said iron fence and again stated that said H. G. B. and her said husband, C. B. B., had expressly authorized him to sell said property up to and following the line of said iron fence. II. After certain negotiations between your orator and the agent, it was agreed that (describe the agreement). Subsequently by an agreement in writing bearing date the day of 19 . . , the said H. G. B. entered into a contract with your orator by which the said H. G. B. agreed to sell and convey to your orator, and he to pur- chase the said premises on or before the day of then next, for the sum of | , upon the terms above mentioned. A copy of the said agreement is hereto annexed and made part hereof. III. Afterwards the said H. G. B. and C. B. B., her husband, by their deed bearing date the day of 19 . . , pretended to convey to your orator the premises which he had purchased as afore- said by the following description: (Insert the incorrect description.) Your orator paid said H. G. B. and C. B. B. the sum of ? cash, as provided in said agreement and received said deed, which was duly recorded in the Register's office of the said county of , in book of deeds, on pages , etc., to which agreement and deed now in possession of your orator he begs leave to refer. Upon the delivery of said deed your orator entered into possession of the premises purchased by him as aforesaid including that portion omitted from said agreement and deed and he is now in actual posses- sion thereof and his right to the possession of said omitted portion o£ said land has never been disputed. IV. At the time of executing the said agreement as well as at the time of the delivery and acceptance of the deed for said property, your orator fully believed and understood and it was distinctly represented to him by said B., the agent of said H. G. B. and said C. B. B., that both said agreement and said deed included all the land shown to him by said B. when they viewed the property as aforesaid. V. Relying on said representation, your orator did not procure any survey of said premises and had no suspicion that said agreement and deed failed to contain a full and accurate description of the property shown to him by said B. and which he purchased, until on or about the day of , 19 . . , when he received a letter from the said C. B. B., of which the following is a true copy: (Insert copy of letter from B. asking about the purchase by orator of the land '240 EQUITY FORMS not covered 61/ the description.) Upon the receipt of said letter, your orator at once caused a survey of said property to be made, which survey disclosed that the description in both of said instruments failed to include a strip of land (describe omitted strip). VI. Your orator is informed and believes it to be true that the said H. G. B. and C. B. B. put up said iron fence where it now stands and planted said hedge for the purpose of fixing those lines as the property lines of said premises purchased by your orator as afore- said. There is nothing to indicate that the line of the property pur- chased by your orator as aforesaid stops short of the said iron fence, but on the contrary said land and grounds are laid out in such a way to make it appear that the said fence marks the boundary of said property at the points where said fence stands; and all of said property up to said fence line has been used by the tenants occupying said property prior to its sale to your orator. VII. The land omitted from the description in said agreement and from the deed given to your orator as aforesaid is essential and neces- sary to the full and proper enjoyment of the premises purchased by your orator as aforesaid, and your orator would not have purchased said premises had it not been his belief, understanding and agreement that the said agreement and deed contained all of the land which the said B. represented to your orator belonged to and would be sold with said property. VIII. Having had said premises surveyed, and discovering that all of the land that he had purchased was not embraced in said agree- ment and deed, your orator demanded from said H. G. B. and C. B. B. that they make, execute and deliver to him a conveyance which would include that part of the said premises not embraced in said agreement and former deed and purchased by him, with which request the said H. G. B. and C. B. B. refused to comply, unless your orator paid them a further sum of money. IX. Your orator charges that the said H. G. B. and C. B. B. well knew that the description contained in said agreement and deed did not include all of the land which they had authorized said B. to sell to your orator and which your orator in fact purchased; and they also well knew that your orator was acting under the belief that said agreement contained all of said land and that said deed conveyed to him the land which said B. had represented to your orator would be sold with said property. But said H. G. B. and C. B. B. covertly and fraudulently withheld such knowledge from your orator until after he had accepted said deed and complied with all the terms and condi- tions of said agreement of sale, when they brought to his attention the fact that an essential part of the land which they had Induced their agent to represent to him would go with said property, had been omitted from said agreement and said deed. X. The part of said land and premises purposely and fraudulently omitted from said agreement and from the deed given to your orator belong to the said H. G. B. and C. B. B., and is particularly described as follows: (Insert description.) XI. Annexed hereto is a copy of a survey of the whole of said premises including that portion which was omitted from said agree- ment and deed. BILLS TO REFORM OR CANCEL 241 1. To the end, therefore, that (prayer for answer). 2. That the said agreement made and executed between the said H. G. B. and your orator and purporting to properly describe the land agreed to be purchased by him as aforesaid, may by the order and decree of this Court be reformed and corrected in the description therein so as to make the said agreement conform to the actual con- tract made and entered into" by and between your orator and the said E. E. B., the authorized agent of said H. G. B. and C. B. B., and by the like order and decree of this Court that said deed may be reformed and corrected so as to fully convey to your orator all of the land which under the actual agreement between himself and the said agent he purchased and was entitled to have conveyed to him, and that said additional land when conveyed shall be conveyed subject to no other or further liens or encumbrances than the mortgages mentioned in said agreement for sale, and in the deed by which part of said premises were conveyed to your orator as aforesaid, and that if it shall be found that the premises omitted from said agreement and deed are other- wise encumbered, that the said H. G. B. and C. B. B., her husband, may be required to pay to your orator such sum or sums of money as may be suflScient to indemnify him from such other liens or encumbrances and as will enable him to fully discharge said land from such other liens or encumbrances. 3. That until the further order of this Court, the said defendants may be enjoined from conveying, mortgaging, selling or otherwise disposing of that part of said premises which were fraudulently omitted from said agreement and deed or from doing any other act or acts by which your orator's rights therein would be in any wise prejudiced. {Add prayers for general relief, for process, and for injunction.) PENNSYLVANIA " Form No. 194 (a) BILL BY GRANTOR TO REFORM DEED BY ADDING RESER- VATION OF MINERAL BIGHTS (Title and Commencement.) 1. Your orator, on the day of , A. D. 19.., was seized and possessed of a certain tract of land (description). 2. Your orator, on the day of A. D. 19. ., being so seized and possessed, by deed duly executed and acknowledged., and recorded in the office for recording of deeds, etc., in and for said county, In deed book , granted and conveyed to C. D., the surface of tract of land (description) being the tract aforesaid. 3. The intention of your orator and the said C. D., parties to the said deed, at the time of making said deed, was only a conveyance by your orator to the said C. D. of the surface of the said lot or tract therein described, reserving the coal under the said tract to your said orator, but by accident and mistake the words of the said con- veyance fail to express such intention but are ambiguous and seem 13 The above forms, although obtained from the practice of Penn- sylvania, are available for use in general chancery practice. 242 EQUITY FORMS to convey said tract and the coal thereunder, in so far as is set forth as follows: Instead of using in connection with the grant, the words "All that certain surface or right of soil in and to the following piece, parcel, or tract of land," thereby effecting such result as was contem- plated by the said parties to the said conveyance at the time it was made, the said conveyance set forth, "all that certain surface, or tene- ment and tract of land," thus rendering the said conveyance ambiguous and seeming to convey not only the surface but also the coal there- under. 4. The word "surface" in the said conveyance is interlined and although the same Is noted before attestation and execution thereof this fact renders it of even less force in restricting the grant to the extent contemplated by the parties. 5. Further, the sal'd conveyance by omission through accident and mistake, contains no reservation, express or implied, of the said coal to your orator, which is not only contrary to the intention of the said parties to the conveyance at the time it was made but affects and lessens materially the market value of said coal Jay casting doubt upon the title thereto in your orator. Wherefore, your orator prays: First. That it may be ordered, adjudged and decreed by this Honor- able Court that your orator may reform and rectify his said deed to the said C. D., bearing date the day of , A. D. 19. ., by cancelling the same as it now stands upon record, and executing, delivering and recording in lieu and place thereof, a similar deed to the said C. D. omitting therefrom the words "All that certain surface, messuage, tenement or tract of land," as contained in the grant of the said recited deed, and inserting in their stead, the words "All that certain surface or right of soil in and to the following piece, parcel or tract of land" in said grant, and also inserting the words "Excepting and reserving to the said A. B., his heirs and assigns, all the coal and other minerals under the said described tract of land" immediately after the said grant, and also inserting the words "Except- ing and reserving as aforesaid" after the habendum, so that the said deed shall conform to the intention of the said parties thereto, as at the time the said deed was made, and give effect thereto, and so that the same may be faithfully carried out. {Add prayer for general relief.) Form No. 195 (b) BILL TO CANCEL RECEIPT GIVEN BY MISTAKE (Title and Commencement.) 1. On the day of , A. D. 19 . . , the said defendant, C. B., made an oral contract with your orator for the purchase of cer- tain lots of ground, situate at , and numbered on a certain plan of lots belonging to your orator, from one to seventy-four. Inclu- sive, and from seventy-six to one hundred and eight. Inclusive, a copy of which plan is annexed hereto, marked "Exhibit A," which your orator prays may be taken as part of this bill. 2. The price agreed upon between the complainant and the said C. D. for the aforesaid lots of ground was the sum of $16,500, three BILLS TO REFORM OR CANCEL 243 thousand dollars of which was paid in cash, and the payment of the balance of which was to take place on the day of A. D. 19... 3. Upon the payment of the aforesaid three thousand dollars the complainant directed a clerk in his employ, one E. F., to give to the said defendant, C. D., a receipt for the same, but the said E. F. erroneously and without any authority from said complainant gave to the said defendant the following receipt: "Philadelphia 19 . . . Received of C. D. $3,000 on account of the purchase money of lot of ground bounded by X. Y. on a line 220 feet N. W. of Q. Lane and the R. branch of the M. R. R., the whole purchase money for the same being $16,500. Payable three thousand this day, balance on , 19... (Signed) G. H. $3,000. Per E. F." 4. The description of the property contained in the aforesaid receipt was erroneous and was a mistake and Inadvertence on the part of the said agent and not in accordance with the real contract between the said parties as above set forth, inasmuch as it compre- hended all the ground contained on said plan, marked "Exhibit A," whereas lots numbered 109, 110, 111, and 75, on said plan had already been sold by your orator to divers other persons, and the streets marked thereon by reason of said sales were subject to easements in favor of the purchasers of the said lots, which facts were at the time within the knowledge of the said defendant, C. D. 5. The defendant, C. D., was immediately notified of the error made in the aforesaid receipt and was requested by your orator to surrender the same, and accept a new one, containing a memorandum of the real contract of the said parties, which request the said defendant, C. D., refused to accede to. 6. On the first day of January, 19. ., the said C. D. refused to com- plete the aforesaid contract of sale in accordance with the real terms thereof. 7. On the day of , A. D. 19 . . , your orator tendered to the said defendant, C. D., two deeds properly executed, one of which conveyed to the said defendant, the aforesaid lots of ground in fee simple, the other of which conveyed to him the fee of a certain portion of J. Street, marked on said plan subject to any easement that might have been acquired by purchasers of lots bounding thereon. Copies of said deeds are annexed hereunto and marked respectively "Ex- hibits B and C," which your orator prays may be taken as part of this, his bill. 8. The aforesaid defendant, C. D., declined to accept the aforesaid deeds and comply with his contract. 9. On the day of A. D. 19 . ., the said defendant, C. D., conveyed all his right, title and interest in said contract of sale to M. N. by deed bearing same date, and recorded in deed book ; the said M. N. then knowing of the mistake in the said receipt. 10. On the day of A. D. 19 . . , the said M. N. 244 EQUITY FORMS conveyed back to the said C. D. the said interest, by deed bearing same date, and recorded in deed book 11. On the thirteenth day of November, A. D. 19 . . , the said defend- ant, C. D. and W., his wife, conveyed to the said defendant, L. I., all their right, title and interest in said contract by deed dated same day, and duly recorded in deed book , a copy of which deed is hereunto annexed and marked "Exhibit D," which your orator prays may be taken as part of this bill. The said L. I. knew at the time of said conveyance of the mistake in said receipt. 12. Your orator is informed and believes that the aforesaid con- veyance was as collateral security for an existing indebtedness of the said C. D. to the said L. I. 13. On the day of , A. D. 19. ., your orator elected to rescind the aforesaid contract of sale and tendered to the said defendant, L. I., the sum of three thousand dollars in cash, which the said L. I. refused to accept. 14. The existence of said receipt, so mistakenly given, and the record now existing of said assignment by said C. D. to L. I. is a cloud upon the title of complainant to said land, and interferes with his disposition of the same. Therefore, your orator needs equitable relief and prays as follows: First. That it be ordered that neither the said C. D. nor the said L. I. has any right in the above described premises by virtue of said oral contract or by virtue of any other matter. Second. That it be decreed that the said C. D. and the said L. I. execute and deliver a written declaration in such form as shall be receivable in the office of the Recorder of Deeds for Philadelphia county, declaring that they have no right or title in the within de- scribed premises. Third. A decree that complainant has done all that it was incum- bent upon him to do in and about the said contract, and that he is no longer bound thereby, because of the failure of the said C. D. and his assignees to do the things incumbent upon them to do. Fourth. A decree that the said receipt was given by mistake, and that the same shall be surrendered to complainant to be cancelled. (.Add prayer for general relief.) RHODE ISLAND ^* Form No. 196 (a) BIIiL BY GKANTOB TO HAVE ABSOLUTE CONVEYANCE BEFOBMED INTO MOBT6AOE {Title and Commencement.) 1. On the day of your orator by his instrument in writing, a copy whereof is hereto annexed marked "Exhibit A," and made a part hereof, made and executed to defendant, E. H., a conveyance of the personal and real estate to which he might be en- titled under the will of one H. T. S., late of said Providence, deceased, a copy whereof is hereto annexed and marked "Complainant's Exhibit !■« The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. BILLS TO REFORM OR CANCEL 245 B;" and your orator avers that his interest under said will is one- sixth of the residue bequeathed by the nineteenth clause of said will. 2. At the time of the execution of said instrument, your orator had very small means of livelihood; he had applied to the executor named in said will repeatedly for the advance of some small sum from the residue of said estate which was reputed very large, and was then assured that no payment would be made to any one under said nine- teenth clause until at least the expiration of three full years from the time of the appointment of said execution, and that payment might be still longer delayed; and at that time he was in poor health and it was doubtful if he would survive the period of distribution mentioned by said executor. Your orator avers that thereupon said H. offered to advance to him upon the terms of interest named in said instru- ment such sums as your orator should require for his support and that of his family until the time of distribution should arrive, taking for security for such advances, an assignment of said interest of said complainant in the estate of said S., and as said complainant's health was in such precarious condition, it was thought best by the parties thereto to insert clauses therein, intended to operate as a testamentary disposition of such interest in the event the same should not be paid out until the death of said E. R. K. 3. It was fully understood and agreed between the parties thereto that said instrument was revocable upon the payment by said K., of the advances so by said H. proposed to be made from time to time on the security of said assignment if made in the lifetime of him, the said K. 4. The said executor is ready to make distribution of said residue of said estate, but alleges that he must pay over the whole of said estate to said H., although said facts have been fully represented to said executor. Wherefore, your orator prays that said instrument may be re- formed so as to express the true intent of said parties thereto; that the same may be held by decree to be entered herein to be security only for the advances that have been made or may hereafter until the said distribution be made, together with interest thereon as in said instru- ment agreed, and for incidental payments and expenses incurred by said H. ; and that a power of revocation upon payment of said advances may be inserted therein; and that reconveyance be made by said H. to said K. upon the repayment of said sums so advanced and expenses and interest as aforesaid, upon request of said K. (Add prayers for general relief and for process.) Form No. 197 (b) BILL BY GRANTOR TO CANCEL TRUST DEED (.Title and Commencement.) 1. On the 13th day of March, A. D. 19 . . , your orator executed a certain deed of trust, a copy whereof marked "Exhibit A" is hereunto annexed and made a part hereof, whereby your orator transferred and delivered to the defendant, the Trust Company, certain per- 246 EQUITY FORMS sonal property and securities to be held and administered by the said company in accordance with the terms and conditions of the trusts therein set forth; and the defendant Trust Company, then and there, by Its president, thereunto duly authorized, duly accepted the aforesaid trust; and your orator avers that the aforesaid deed of trust is a long and intricate legal instrument drafted by learned counsellors at law who were commissioned so to do by your orator; and was executed by your orator entirely without consideration. 2. At the time of the execution of the aforesaid trust deed and the conveyance of the property and securities therein described to the said Trust Company, your orator was a young man 21 years of age, without experience in business or the management of property and securities and ignorant of the meaning of legal phraseology and of the effect of the ordinary terms and provisions of legal instru- ments such as the aforesaid trust deed; he believed that the true intent and meaning of said trust deed was that said trust might at any time be revoked and terminated at the will of your orator and that he might call upon the said Trust Company, to surrender to your orator the aforesaid property and securities at any time that he saw fit; and your orator avers that the said Trust Co. knew that your orator believed, and that the said Company itself believed this to be the true intent and meaning of said trust deed. 3. Deeming it for the best interest of himself and family, your orator has recently demanded of the said Trust Co., that the said trust be terminated and the said property and securities be sur- rendered to your orator; but the said Trust Co. says that it is willing to do as requested but that it is advised by counsel that if it terminates said trust and surrenders the said property and securities to your orator, except in pursuance of an order and decree of your Honorable Court so to do, it may in the future be involved in litiga- tion at the instance of heirs of your orator who are possible bene- ficiaries under the said trust deed, and therefore the said Trust Co. refuses to terminate said trust and to surrender to your orator the said property and securities as aforesaid. 4. The defendant, J. P. A., is the wife of your orator and a possible beneficiary by the terms of said deed of trust, and the defendant, M. I. A. C, is the minor daughter and only child of your orator and is the sole living representative of the class "children and their issue," who if living at the time of your orator's decease would be beneficiaries by the terms of the aforesaid deed of trust if said deed were then in force. To the end, therefore, that {prayer for answer) ; that the said trust deed may be cancelled and annulled and the said trust thereunder ordered, adjudged and decreed by your Honorable Court to be executed and terminated; and that the said Trust Co. may be directed by order of this Court to surrender, convey, transfer and deliver to your orator the aforesaid property and securities as described in said trust deed. (Add prayers for general relief and for process.) BILLS TO IIBFORLI OR CANCEL 247 VERMONT 1'^ Form No. 198 BILL BY GRANTOR TO REFORM DEED BY INSERTING A RESEKr VATION OF TIMBER RIGHTS {Title and Commencement.) 1. Your orator, on the 15th day of May, A. D. 19.., purchased by quitclaim deed of F. G. C, of , a certain piece of land (.give description). 2. On the 12th day of , A. D. 19.., previous to said May 15, and while the said F. G. C. was the owner of the above described premises, said F. G. C. quitclaimed all of the soft wood lumber on the above described premises to D. M., of , together with the privilege of cutting and removing same not later than the year 19.., all of which was well known to your orator. 3. On or about the 20th day of November, A. D. 19. ., the defendant called upon your orator, and informed him that he would like to pur- chase said above described premises for a pasture; the defendant then knew that the soft wood lumber had been before that time deeded off from said premises; he then asked your orator how long a time said M. had to remove said soft wood lumber from said premises, and your orator stated to him that said lumber was to be removed not later than the year 19 . . ; the defendant then asked your orator what sum he asked for the above described premises, and upon being informed that he would sell same for one hundred and forty dollars, said defendant replied that he would pay him the said sum for said premises; your orator and the defendant went to A. G., of , a Justice of the Peace, and procured the said G. to make a warranty deed of the said premises. The description in a former deed of said premises was copied by said G. in making the said deed; said description was in the words and figures following: {Insert description) ; and through acci- dent or mistake said deed was executed by your orator without any reservation and exception of the timber being inserted therein, al- though it was understood and agreed between yolir orator and the defendant that such reservation was to be made. 4. The defendant immediately entered into possession of said premises, but in the winter of 19 . . and 19 . . , the defendant, well know- ing that in right and justice he was not entitled to the said soft wood lumber then standing and growing upon said premises, cut a large amount of same, and the said defendant has been ordered not to remove the said soft wood lumber so cut by him by the said D. M., grantee of said soft wood lumber as aforesaid. 5. Your orator is informed and believes that the defendant will in- stitute proceedings against him for a breach of his covenants of warranty in his said deed to the defendant, unless said deed is re- formed so that it will conform with the terms of the contract entered into at the time said defendant purchased said premises of your orator. 6. In order to conform with the said terms of the said contract, 15 The above form, although obtained from the practice of Vermont, is available for use in general chancery practice. 248 EQUITY FORMS there should be inserted immediately following the description in said deed, the following words: (Insert the reservation); so that the description in said deed will read as follows: (Insert full correct description.) 7. Your orator now is and always has been ready and willing to execute to the defendant a good and suflacient warranty deed of said premises containing the aforesaid reservations and exceptions and conforming in every particular with the agreement made by and between your orator and the defendant when your orator sold said premises to the defendant. Wherefore your orator prays that his said deed to the defendant may be reformed as aforesaid; and that such otner relief may be decreed as to this Honorable Court seems just and equitable. Answer under oath to the foregoing bill of complaint is hereby expressly waived. (Add prayer for process.) WEST VIRGINIA Form No. 199 BILL BY GRANTOE TO EEFOEM DESCEIPTION IN DEED is (Title and Commencement.) 1. Plaintiffs are the sole children and heirs at law of J. N. B. C, who deceased on the day of January, 1905, testate, and who by his last will and testament, a duly attested copy whereof is here- with filed as part hereof, marked "Exhibit C Will," devised all of his property and estate, both real and personal, to the plaintiffs. At the time of his death plaintiffs' devisor was the owner of a certain tract of 645 acres of land, more or less, situated (etc.), and locally known as the "O'Brien Home Farm," and referred to and described as contain- ing that number of acres; and on the 3rd day of May, 1906, plaintiffs executed and delivered to the defendant, D. 0., a deed with covenants of special warranty, conveying to the said D. O. all of the said tract of land described as containing 645 acres, more or less. Said deed was prepared by H. H. B., a practicing attorney at law, residing in ; and said deed does not contain any metes and bounds, describing the said 645 acres of land more or less, therein conveyed, but the land so conveyed is described in said deed by reference to certain other deeds for a description thereof, and as being the same land theretofore conveyed to the said J. N. B. by B. R. and others, by deed dated the 12th day of November, 1883. 2. The tract of land which plaintiffs sold to the defendant, D. O., which alone they intended to convey to him, and which alone they believed they were conveying to him, is a tract of land referred to and described as containing 645 acres, more or less, the exact acreage whereof not having been known to plaintiffs, situated (etc.). The boundary of one end thereof is the public road, and on the opposite side of said road lies another tract of land owned by the plaintiffs, known as the "McGinnis" tract, which was not nor was any part 18 The above form, although obtained from the practice of West Virginia, is available for use in general chancery practice. Adapted from bill in Crim vs. O'Brien, 69 W. Va. 754. BILLS TO REFORM OR CANCEL 249 thereof, intended by plaintiffs to be included in the conveyance made by them to the said D. O. Said tract of land, as plaintiffs are informed, believe and charge contains 152.55 acres, and is very valuable, the whole thereof being underlaid with valuable seams of coal. 3. At the time the plaintiffs executed and delivered the deed, dated the 3rd day of May, 1906, to the defendant, D. O., a duly attested copy of which is filed herewith as part hereof, marked "Exhibit C Deed," they did not know that the method used in said deed in describing the land therein mentioned, would cause plaintiffs to convey more land or any other boundary of land than that which they had agreed and Intended to convey to the said D. O.; but since the execution and delivery of said deed, plaintiffs have been informed and believe that the defendant, D. O., has been claiming that the said deed not only conveyed the particular boundary of land supposed to contain 645 acres, more or less, but that it also conveyed to him the other tract of 152.55 acres, known as the "McGinnis" land, above mentioned; and plaintiffs are informed, believe and charge that the defendant, D. O., has run a wire fence around the said tract of land, and is claiming to have title thereto. 4. As soon as the plaintiffs were informed that the defendant, D. O., was claiming that the said tract of 152.55 acres of land known as the "McGinnis" tract, was included in said conveyance, plaintiffs at once made an examination of the deed which they had executed and delivered to the said D. O. and of the deeds referred to therein as giving the boundary and description of the land supposed to be con- veyed; and plaintiffs have discovered that the metes and bounds contained in the deed from B. R. to J. N. B. C. and in the survey to which it refers, do include a portion of the 152.55 acres of land, known as the "McGinnis" tract of land. 5. Plaintiffs did not know until early in the present year, that the mode employed by the scrivener in describing the land therein con- veyed by reference to other deeds, would result in their conveying any part of the said 152.55 acres of land, known as the "McGinnis" tract. 6. Plaintiffs are informed, believe and charge that at the time the said H. H. B. wrote and prepared the said deed from plaintiffs to the said D. O., he did not know, nor was he informed thereof, until some time after plaintiffs had executed and delivered the said deed to the defendant, D. O., that the deeds to which reference was made in said deed of plaintiffs, or any of them, or the metes and bounds therein describing the land conveyed by the deed from plaintiffs to the defendant, D. O., included or covered any part of the tract of 152.55 acres of land, owned by plaintiffs, and known as the "McGinnis" land; on the contrary, plaintiffs allege that the said H. H. B. well knew that plaintiffs had not sold and did not intend to convey by their said deed any part of the said tract of 152.55 acres of land, known as the "McGinnis" tract of land, owned by plaintiffs; and plaintiffs, there- fore, allege that the description In said deed executed by them to the said D. O. describing a tract of land which they did not intend to convey, is incorrect and mistaken in so far as the same includes any part of the said tract of 152.55 acres of land, owned by the plaintiffs, known as the "McGinnis" land; and plaintiffs are informed and charge that the defendant, D. O., did not know at the time said deed was 250 EQUITY FORMS executed and delivered to him that the mode of description used in said deed would include and cover any part of the said 152.55 acres of land known as the "McGinnis" tract of land. Since plaintiffs learned that a part of the said tract of 152.55 acres of land was included in the description of the land thereby conveyed through a mistake and misapprehension, plaintiffs requested the said D. 0. to correct the mistake made in such deed, but the said D. O. has refused to correct said deed, or to execute to plaintiffs a deed for any part of the said 152.55 acres of land which had been included in the description of the land conveyed by said deed, and still refuses to do so. 7. After the execution and delivery of the deed from themselves to the said D. 0., the said D. O., by deed dated the 4th day of May, 1906, sold and conveyed the coal underlying the said tract of land conveyed to him by plaintiffs, together with certain mining rights and privileges, to the defendant, W. A. L. Plaintiffs allege that the said W. A. L. took the said deed with full knowledge of the fact that the description in said deed from the plaintiffs to the said D. O. of the land thereby conveyed was erroneous and with notice and knowl- edge that plaintiffs did not intend to convey to the said D. O. any part of the said tract of 152.55 acres of land, known as the "McGinnis" tract of land. A duly attested copy of the deed from the said D. O. to the said W. A. L. is herewith filed as part hereof, marked "Exhibit Lewis Deed." In consideration, therefore, of the premises, plaintiffs pray that the said deed executed and delivered by themselves to the defendant, D. O., dated the 3rd day of May, 1906, a copy whereof is filed herewith as "Exhibit Crim Deed," may be set aside and held to be void as to any part of the said tract of 152.55 acres of land, known as the "McGin- nis" land, included with the boundary of the land described in said deed or by references made therein to other deeds; and that the said deed hereinbefore mentioned, executed by the defendant, D. O., to the said W. A. L. may be set aside and held to be void in so far as the same convey or purport to convey any part of the said 152.55 acres of land owned by plaintiffs and known as the "McGinnis" tract of land. {Add prayer for general relief.) CHAPTER XI BILLS TO ENJOIN NUISANCES DELAWARE i Form No. 200 BILL TO ENJOIN OBSTRUCTION OF PRIVATE EIGHT OF WAY (Title and Commencement.) 1. By indenture bearing date the twenty-fifth day of March, A. D. 1795, executed by C. N. and his wife, one J. S. became seized and possessed in his demesne as of fee (description of real estate). 2. The said J. S., by indenture bearing date the twenty-fourth day of October, A. D. 1801, granted and conveyed unto one W. S., a portion of the above mentioned and described lands and premises, bounded and described as follows: (Description.) (Sections three to twenty-two, inclusive, set forth the descent of title of the lots now owned by the complainants and defendant respectively, above described.) 23. Subsequent to the making of the deed mentioned in the second section of this bill of complaint, the said W. S. built over the alley mentioned in said deed and joined the house of the said W. S. to the gable wall of the said J. S.'s house above the alley, granted by said deed, which construction over said alley hath continued ever since and until the present time. Ever since the creation of said alley by said deed of October 24th, 1801, the alley granted and created thereby has been used in common as a passage or alley way by the said J. S., his heirs and assigns, and by the said W. S., his heirs and assigns, and has been kept in all needful and necessary repair at the joint and equal expense of the said J. S. and W. S. and their respective heirs and assigns. The house and premises now owned by said complainants is known and designated as 1907 Market Street, and the house and premises now owned by the said defendant is now known and designated as 1905 Market Street. Ever since the creation of said alley or passage way by said deed of October 24th, 1801, said passage or alley way has been used in common by the respective occupants of said premises continuously, freely, fully and without disturbance, until the grievance hereinafter complained of. The said alley or passage way has for upwards of forty years, from the Market Street end thereof to the point where it becomes a covered passage way by the building over the house located at 1905 Market Street into the gable wall of the premises known as 1907 Market Street, been substantially 1 The above form, although obtained from the practice of Delaware, is available for use In general chancery practice. 251 252 EQUITY FORMS fenced off from the main lots or plots of ground constituting the front yards of said 1905 and 1907 Market Street respectively. Ever since the creation of said alley way there has been an entrance thereto maintained at the rear end thereof communicating with the back lots, constituting a part of the messuages on which the houses known as 1905 and 1907 Market Street are located and built. 24. On or about the day of , 19. ., the said defend- Eint, notwithstanding the existence of the right of way and easement appurtenant to the said premises of said complainants and the unin- terrupted use of said right of way and easement by the complainants and their predecessors in title for upwards of one hundred years, and in violation of the property rights of these complainants, has closed said passage and alley way so leading from the premises of said com- plainants into Market Street by building a substantial structure of timber in said alley way where it is covered by the extension of the building known as 1905 Market Street over said alley way, extending substantially from the pavement of said alley way to the roof of said passage and to each side of said passage, so as to prevent all ingress and egress and every use of said alley or passage way by the occupants of the premises aforesaid of these complainants. And, notwithstand- ing the demands of these complainants, the said defendant still con- tinues to so interrupt the right of way of these complainants from their said lot through their said alley as aforesaid, whereby the said right of full, free and undisturbed use and privilege of said alley way is totally lost to said complainants and the occupants of their said premises, being tenants thereof under said complainants. 25. These complainants, by themselves and their counsel, have repeatedly demanded of the said defendant that he remove said ob- structions to the use of said alley or passage way and restore them and the tenants of their said property the full, free and undisturbed use and privilege of said alley or passage way, as contracted for and pre- scribed in the said deed of October 24th, A. D. 1801, and as the owners and occupants of the said premises of said complainants have enjoyed from the making of said deed hitherto, except as so interrupted by the said act of said defendant; but the said defendant has refused compliance with said requests and demands to abate said obstructions, and still continues to so interrupt the enjoyment of these complainants in their said right of way as aforesaid, and has threatened and still threatens to continue such interruption and hindrance of said right of way, notwithstanding the protest of these complainants. 26. By reason of the said action of the said defendant, these com- plainants are unable to use their said lands and premises in manner and form as they have been accustomed to and have a right to use the same, and are unable to use and enjoy said alley or passage way as they have been used hitherto to have and enjoy the same and as the same is secured to them by virtue of the said deed of October 24th, 1801, and by reason of said premises great and irreparable injury and damage will be done should such obstruction continue to the said property of these complainants, for which they have no adequate or complete remedy at law. These complainants, therefore, pray as follows: (1) (Prayer for answer.) BILLS TO ENJOIN NUISANCES 253 (2) That the defendant may be restrained by the injunction of this Honorable Court from interrupting and interfering with the right of way and easement of these complainants and also that a preliminary injunction may issue to restrain the said defendant, in like manner, until the further order of the Chancellor. (3) That the said defendant may be decreed to pay. to the com- plainants such sum as the Chancellor may decree as their damage for the Interruption of their right of way. (Add prayers for general relief and for process.) (Verification.) ILLINOIS ^ Form No. 201 BILL BY ADJOINING LANDOWNER TO ENJOIN ILLEGAL SALOON (Title and Commencement.) 1. The complainant is the owner and in possession by his tenants of the building and premises known and described as numbers Lake Avenue, in the city of Chicago (Insert description of t?ie building upon said premises.) 2. The defendant, R. M., owns and operates a saloon located at number Lake Avenue, which is the corner of H. Street and Lake Avenue in said city, about 200 feet north of complainant's premises and within the boundaries of the former village of Hyde Park. 3. In the year 1889, the General Assembly of the state of Illinois passed an act entitled "An act to provide for the annexation of cities, incorporated towns and villages or parts of same to cities, incorporated towns and villages," approved and in force April 25, 1889; and there- after on June 29, 1889, the village of Hyde Park in accordance with the provisions of said act, and pursuant to an election held on that day, was duly annexed to the city of Chicago. 4. The village of Hyde Park prior to said annexation, passed ordi- nances regulating and controlling the sale of intoxicating liquors and governing the issuing of licenses for the sale of intoxicating liquors therein; copies of which are attached hereto and marked Exhibits "A" and "B." Said ordinances were in full force and effect at the time of the said annexation, and now by force of said annexation act, are still in full force and effect within the boundaries of the former village of Hyde Park, now contained within the limits of the city of Chicago. 5. On or about , 19 . . , the defendant, H. P., filed with the municipal authorities of the city of Chicago having power to issue dram-shop or saloon licenses, an application for a license to keep a dram-shop or saloon on the first floor at number ; but con- trary to the provisions of the ordinances of the former village of Hyde Park above mentioned, said application was not signed by a majority of the property owners according to frontage on both sides 2 Adapted from bill in Hoyt vs. McLaughlin et at, 250 111. 442. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 254 EQUITY FORMS of the street in the block in which such dram-shop was to be kept nor by a majority of the bona fide householders and persons in the block upon which such dram-shop was to have its main entrance. The total number of such bona fide householders and persons or firms living in or doing business on the east side of the said Lake Avenue, a street in the block upon which said dram-shop was to have its main entrance, namely that portion of the east side of said Lake Avenue between G. and H. streets, on November 1, 19 . . , the day that said pretended license was issued, was nine, but the total number of these who signed said application and petition was two only. But notwith- standing said application was defective and contrary to the said ordi- nance as aforesaid, the said municipal authorities issued upon said application and petition a pretended license to the said defendant, H. P., to keep a dram-shop at said time and place. 6. The building at Lake Avenue and so designated in said pretended application and petition as the place where said dram-shop or saloon was to be kept, is on the corner of H. Street and Lake Avenue, in said city, and has its main entrance in the corner of the building, making an entrance into said dram-shop or saloon equally accessible to its patrons from Lake Avenue and from H. Street; and said pretended license was void and wholly illegal for the reason, also, that the said application and petition was not signed by a majority or any number whatsoever of the bona fi^e householders and persons or firms living in, or doing business on each or either side of H. Street, in the block upon which the said dram-shop has had at all times aforesaid and now has its said main entrance. 7. The defendant, M., owns and maintains and operates said saloon or dram-shop and therein during all the times aforesaid has sold and now sells intoxicating liquor to be drunk upon the said premises solely under the pretended authority of the said pretended and void license heretofore issued to the said defendant, H. P. 8. By a certain ordinance passed on March 5, 19.., by the city council of Chicago to take effect May 1, 19 . . , a copy of which marked "Exhibit C" is appended hereto, it is provided that the license year of said city shall end April 30th of each year and that the license year shall be divided into two periods of six months each, the first extending from May 1st to and including October 31st and the second extending from November 1st to and including April 30th of each year, and the ordinance provides for the payment in advance of a license fee of $1,000, or at the rate of $1,000 for such several periods or parts thereof; but complainant says that any license fee paid for any such period ending prior to the ending of the license year of the said municipality is contrary to the true intent and meaning of sec. 1 of an act of the General Assembly entitled "An act to restrict the powers of counties, cities, towns and villages in licensing dram-shops, to pro- vide for granting a license to retail malt liquors separately and for punishing persons holding such separate licenses for unlawful sale and gifts," approved June 15, 1883, in force July 1, 1883, authorizing the issuing of dram-shop licenses. The true intent and meaning of said statute is that licenses shall Issue to applicants therefor for the full period of the license year of the municipality issuing any such license and for such parts of the license year as shall end with such BILLS TO ENJOIN NUISANCES 255 license year upon the payment of the license fee in advance for the full period of the license year, or part of the license year, ending with the end of the license year. 9. The defendant, H. P., without procuring an application signed by any property owners or persons or firms whatever except himself, had Issued to him a renewal of his pretended license, such second unlawful license being issued on the' 1st day of May, A. D. 19 . . , for the period of six months ending October 31, 19.., and defendant, H. P., paid in advance the sum of $500, said license fee being the amount required by fsaid ordinance passed March 5, 19 . . . 10. The operation of said saloon and dram-shop deny to the com- plainant and his said tenants the peace and quiet to which they are entitled, and said saloon and its patrons attracted thereto are a con- stant source of injury and damage to the said property of complainant and depreciate the value of the said property. By reason of the nuisance of the said saloon and by reason of the inherent nature of the business, the complainant cannot rent his said apartments or flats as dwellings and stores advantageously, but only at a greatly reduced rent, to the great loss of the complainant. The class of tenants who will rent such dwellings and stores while said unlawful saloon or dram-shop is operated embrace a large number of persons who are unable to pay their rent, to the great loss of complainant. Complain- ant says that all of said damage and Injury are a special damage and Injury suffered by him and not suffered by the public generally. 11. Complainant's said property is located in the same block where said saloon or dram-shop is kept and as the owner thereof, complainant is one of those who are lawfully entitled under said ordinance of the said former village of Hyde Park to sign applications for dram-shops in said block and complainant insist? that by reason of such fact he has an interest recognized by the law in the question whether an unlawful dram-shop shall be permitted to be operated at said No. Lake Avenue different from and greater than that of the public generally. Said damage and injury is a great and irreparable damage and injury which the complainant will continue to suffer unless a writ of injunction shall be issued restraining and enjoining said defendants from further operating, conducting and maintaining said saloon or dram-shop nuisance. Forasmuch, therefore, as complainant is without remedy save in a court of equity and to the end: 1. That {prayer for answer.) 2. That said saloon or dram-shop license be decreed to be illegal and void, and the saloon or dram-shop operated, conducted and maintained under said license be decreed to be illegal and a common nuisance. 3. That the Court grant a perpetual injunction restraining and enjoining the defendants, R. M. and H. P., from operating, conducting or maintaining said saloon or dram-shop at No. 5500 Avenue, in the city of Chicago, under said pretended original license or any renewal thereof or otherwise and at any other place or location under said license. (Add prayers for general relief, for process, and for injunction.) 256 EQUITY FORMS MAINE 3 Form No. 202 (a) BILL BY RIPARIAN OWNER TO ENJOIN POLLUTION OF RIVER* (Title and Commencement.) 1. The plaintiffs were at the times hereinafter mentioned and still are the owners and in possession of a large amount of real and personal estate, consisting of lands, dams, water power, mills and machinery, employed in manufacturing cotton into fabrics, situated at said on both banks of the River, and their dam extends across said river, which is not navigable at said The plain- tiffs built a manufactory in 1874, of about 34,000 spindles, and a second manufactory in 1882, of about 55,000 spindles, both of which have been in use since their erection and still are employed as afore- said. The plaintiffs have a capital in said business of about $2,200,000, and now employ in their operations more than one thousand persons, and have a pay roll of about $2,500 each secular day, and manufacture about $1,300,000 product per annum, and the water of said river runs through plaintiffs' said lands. 2. At the time of the erection of said manufactories the plaintiffs were and still are entitled to the natural flow of the water in said river, to and through said land, and to have the said water come to their said manufactories in its natural purity. 3. The defendants, for the last six years past, severally owned and operated large saw mills, planing mills, and shovel handle mills, situated at various points on the River between and , both inclusive, which they are respectively and separately operating, by means of which the refuse material, saw dust and other debris arising therefrom are discharged into said river and vast quantities of the same are carried by the rapid currents of the water down to and below said , where they commingle into one indistinguishable mass before reaching the plaintiffs' said dams, and after thus uniting, flow along the said river into plaintiffs' ponds, race ways, racks and wheels, filling the same and thereby stopping the said wheels and retarding and preventing the running and operating of their said manufactories; whereby the plaintiffs lose the benefit of their said manufactories and are compelled to expend large sums of money to remove the said refuse material, and great damage is caused to the plaintiffs. The defendants' acts as aforesaid constitute a great nuisance which is rapidly increasing and becoming intolerable, al- though the defendants have been requested by the plaintiffs to dis- continue the same. The destruction of the plaintiffs' property will take place, and irreparable injury result, unless defendants are re- strained by injunction. Each defendant is independently working his own mill, and machinery, without any conspiracy, preconcert of under- standing, or action with the others and it Is impossible to distinguish 3 The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. * Based on the original bill in Lockwood v. Lawrence, 77 Me. 297, sustained on demurrer for multifariousness. BILLS TO ENJOIN NUISANCES 257 what particular share of damage each defendant has inflicted in the past, or is about to inflict in the future; but plaintiffs aver that each defendant has contributed and now is contributing to constitute the said nuisance. 4. The defendants thereby make, and have made an unreasonable use of the water which flows in said river, to arid through the plain- tiffs' said premises and have destroyed its value and illegally inter- rupted the plaintiffs in the full and free use of the water in said river, at said and rendered it unfit for the manufacturing purposes of the plaintiffs, as aforesaid; and thereby deprive the plain- tiffs of the emoluments which they otherwise would derive from this said business. 5. Wherefore, the plaintiffs pray: 1. That the said (defendants) their agents and servants, may be enjoined by temporary and perpetual injunction from casting, or depositing in said river above the plaintiffs' said dams and manu- factories, any refuse materials, saw dust, edgings, shavings, debris, and wood refuse; and may be compelled to so use the water in said river as not to injure the plaintiffs in the occupation of their said manufactories. (Add prayers for general relief, for process, and for injunction.) (Verification.) Form No. 202a (b) BILL AFTER JUDGMENT TO COMPEL REMOVAL OF AN ENCROACHMENT UPON A WHARF ^a (Title and Commencement.) 1. The plaintiff is lawfully seized and the owner in fee of a certain parcel of land and flats, to low water mark, in said bounded and described as follows: (Insert description.) 2. The plaintiff has upon its said land and flats a wharf legally built and established, which extends from said Street, a dis- tance of about seven hundred feet to the harbor commissioners' line of said , in deep water; said wharf being about sixty-five feet in width. The westerly portion of plaintiff's land and flats extends from their said wharf on Street westerly about twenty-flve feet to the land and flats of the defendant, which space, extended to the harbor commissioners' line in deep water, and keeping the same width, constitutes the dock of the plaintiff. 3. For more than thirty years the dock between the wharf of the plaintiff and the westerly line of its land and flats, and said westerly line continued to the harbor commissioners' line in deep water of said harbor, has always been open and unobstructed for the whole of said width, being about twenty-five feet, for ingress and egress of vessels to and from the land, flats and wharf of the plain- tiff until the unlawful acts of the defendant hereinafter stated. 4. In the month of February, 19.., the defendant built a wharf upon the land and flats of the defendant adjoining plaintiff's land and flats, for a distance from said street, into tide waters, of 4a Based on the original bill on file in Maine Wharf vs. Custom House Wharf, 85 Me. 675, which was sustained on general demurrer. 258 EQUITY FORMS about fifty feet, to low water mark, and thence extended a distance of about fifty feet below low water mark towards the deep water of said harbor; said wharf extends southeasterly directly in front of defendant's land on said street; and to this end drove a large quantity of piles and erected said wharf thereon and placed buildings on said wharf; and wrongfully and unlawfully extended said wharf and buildings, and drove said piles over and upon the plaintiff's said land and flats to low water mark, and on the said line to the end of said wharf below low water mark, for a distance of two feet, more or less, for the whole length of said wharf, and still maintains and occupies all that part of the same which is below low water mark. 5. On the twenty-sixth day of November, 19. ., that portion of plain- tiff's land, upon which the defendant unlawfully and wrongfully, as aforesaid, erected its said wharf, was in the possession (under an agreement for purchase) of J. F. R., who obtained title thereto on May 15, 19 . . , and thereat terwards, on June 2, 19 . . , conveyed the same to plaintiff. Said R. on said twenty-sixth day of November, brought an action of trespass qtiare clausum fregit against the defendant, to recover damages for the trespass of the defendant upon said land, then of said R., but now of plaintiff, which action was returnable to the Superior Court for the county of C. on the first Tuesday of Jan- uary, 19... Said action was tried before the Justice of said Court at the May term, 19.., of said Court, and he, after hearing the parties and their evidence, decided that said defendant was guilty of the trespass alleged in said writ, and found as a fact that a portion of said wharf and building was upon the said land, then of said R., but now of the plaintiff, and awarded to said R. against said defendant damages in the sum of fifteen dollars, which has been paid by said defendant. In said suit said R. did not claim to recover damages for so much of said wharf and buildings as extended below low water mark. A copy of the writ, pleadings and decision of said Justice in said cause, is hereto annexed, marked "Exhibit A." 6. After said decision, the defendant cut off and removed so much of said wharf and buildings as extended easterly of said dividing line over and upon said R.'s, now plaintiff's, land and fiats, from C street to low water mark, or near that; but the defendant has ever since and still does maintain said wharf and pilings and buildings thereon below low water mark, for a distance of about fifty feet, which extends easterly over and beyond the westerly line of said plaintiff's land, extended to the harbor commissioners' line in deep water, about two feet for said whole length of said wharf below low water mark, which narrows the dock of said plaintiff and obstructs ingress and egress to and from its said leind and its said wharf, and is a great hindrance to plaintiff in the enjoyment of its said land, flats and wharf, and a great nuisance to it; and defendant refuses to remove said obstruction to plaintiff's property and rights, though requested so to do, and insists upon continuing the same to the great and con- tinuing nuisance and damage of plaintiff. BILLS TO ENJOIN NUISANCES 259 Wherefore the plaintiff prays: 1. That so much of said wharf, piling and buildings thereon below low water mark, as extends easterly over and beyond the westerly line of the plaintiff's said land and flats, extended to the harbor commis- sioners' line In deep water, may be adjudged to be a nuisance to the plaintiff, and that the defendant may be ordered and required to re- move the same forthwith. 2. The defendant may be decreed to pay the plaintiff the damages suffered thereby. (Add prayers for general relief, for process, and for injunction.) (.Verification.) MARYLAND ^ Form No. 203 BILL BY ADJOINING LAND OWNER TO RESTRAIN OPERATION OF MACHINERY (Title and Commencement.) 1. For more than ten years past your orator has owned and resided in a house on B street, known as No B street, in the city of Baltimore, upon which he has from time to time expended large sums of money, in order to make the same comfortable and convenient for his own use and the use of his family. 2. The defendants, A. D. and J. M. B., who are brewers, and carry on their business of brewing in the building adjoining that of your orator, have recently changed the manner of their business, and have placed in their said building close along the walls of your orator's building, a steam engine of more than forty horse power, with Its gearing and machinery. 3. Said machinery is always in full operation without intermission, except from 12 o'clock on Saturday night until 5 o'clock on the fol- lowing Monday morning. 4. Before the erection and use of the said steam engine by the defendants, there was no material noise or vibration occasioned by the working of said brewery, but ever since the erection and use of the said steam engine and machinery, the noise and vibration thereby caused in your orator's house have been so great as to interfere seri- ously with your orator's reasonable comfort, and to occasion a material injury to his property by diminishing its value as a dwelling. To the end therefore, (1) That the defendants, their agents and employees, may be en- joined and strictly prohibited from continuing to work their said brewery by means of said steam engine and connecting machinery and from erecting or using any other machinery producing such noise and vibration as aforesaid. (Add prayers for general relief and for process.) ( Verifioation. ) 5 The above form, although obtained from the practice of Mary- land, is available for use in general chancery practice. 260 EQUITY FORMS MASSACHUSETTS « Form No. 201 BILL TO COMPEL REMOVAL OF WALL ENOROACHINa UPON LAND WITH REGISTERED TITLE (Title and Commencement.) 1. The plaintiff is a corporation organized under the laws of Massa- chusetts and has its principal place of business in the city of W. The defendant is also a Massachusetts corporation and has its principal place of business in said city. 2. The plaintiff at considerable expense had its title registered and confirmed by the Land Court in this commonwealth, the decree in said Court being dated the twenty-sixth day of May, 19 . . . Pursuant to said decree a certificate of title No , was issued from said Court signed by the assistant recorder of said Court, which is regis- tered in W. District Registry of Deeds, book , page and a copy thereof is hereto annexed marked "Exhibit A." 3. A portion of the plaintiff's property registered as aforesaid com- prised a tract of land which includes the ownership of the fee upon which there is a private right of way known as "Webster Court" in said city of W., said tract abutting the premises owned or occupied by the defendant. Said tract is bounded and described as follows: (Qive the description in the language of the certificate of title.) 4. Sometime during the month of February, 19.., or thereabouts the defendant constructed a wall, a considerable portion of which extends over and on the premises of the plaintiff along the southerly side of said Webster court. On February 11, 19 . . , the plaintiff sent to the defendant a registered letter notifying the defendant to cease such building, — a copy of said letter is hereto annexed, marked "Exhibit B" — but notwithstanding said notification the defendant has neglected and refused to remove its foundation wall from plaintiff's premises and is proceeding to construct a building resting on said foundation wall. 5. The construction of said foundation wall on plaintiff's premises was without excuse or palliation and was a wilful disregard of plain- tiff's rights; the plan on file shows the boundary line distinctly and was clearly defined on the premises; the defendant knew or might have known by the exercise of ordinary prudence that it was building said wall on plaintiff's premises; and the- occupation of the land of plaintiff by said foundation wall is to the very great damage of the plaintiff and if allowed to continue would be an irreparable injury. Wherefore the plaintiff prays: 1. That this Court shall decree that a mandatory injunction issue commanding the defendant to desist from further completing the building resting on the wall aforesaid and directing the defendant to remove so much of the wall as is on the plaintiff's premises and that the defendant be further compelled to restore the land of the plaintiff, which has been disturbed by said defendant in the erection of said wall to its natural condition so far as possible. 6 The above form, although obtained from the practice of Mas- sachusetts, is available for use in general chancery practice. BILLS TO ENJOIN NUISANCES 261 2. That a preliminary injunction may issue restraining the defend- ant from proceeding any further In the construction and erection of said building. 3. That the plaintiff be allowed costs. (.Add prayer for general relief.) {Verification.) NEW HAMPSHIRE ? Form No. 205 PETITION TO ENJOIN GAMING AND LIQUOR NUISANCE To the Superior Court for the County of The undersigned, twenty legal voters of the city of , in said county, respectfully represent that a certain building, place and tenement, situated in said known as basement in rear of No street, is resorted to for illegal gaming and is used for the illegal sale of spiritous and malt liquors, wine and cider, and is used for illegally keeping for sale spiritous and malt liquors, wine and cider, and is a common nuisance. Said building, place and tenement, is owned by A. B., of said and occupied by C. D., of said , and said A. B., willfully lets and suffers said C. D. to occupy said building, place and tenement, for the purpose of being used as a place for illegal gaming and for the illegal sale of spiritous and malt liquors, wine and cider, and for illegally keeping for sale spiritous and malt liquors, wine and cider. Wherefore said petitioners pray that said A. B. and C. D., and each of them, their agents and representatives, be restrained and enjoined from using said building, place and tenement for the purpose of illegal gaming and from the use of the same for the illegal sale and keeping for sale of spiritous liquors, wine and cider, and that said common nuisance be abated, and for such other relief as may be just. NEW JERSEY » Form No. 206 BILL BY PROPERTY OWNERS TO ENJOIN SLAUGHTERHOUSE (Title and Commencement.) 1. The plaintiffs are respectively resident owners of property in the city of a particular description of the premises now oc- cupied by them being as follows: The plaintiff, E. S. B., is the owner of and resides in the premises known as No avenue, which said property he purchased in the year 1889, subsequently erecting the house thereon in which he now resides. (Add description of property owned by other plaintiffs.) 2. A. M. &. Co. is a corporation organized under and existing by virtue of the laws of the state of New Jersey and engaged in the busi- ness of slaughtering cattle and other live stock and dealing in chickens, ' The above form is peculiar to the chancery practice of New Hampshire. 8 The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. 262 EQUITY FORMS live and dressed, and meats, and in connection with such business maintains and operates a slaughterhouse, situated {describe location, and its distance from the streets upon ichich plaintiffs reside as above stated). 3. With the exception of the slaughterhouse maintained and oper- ated by the defendant, there is no factory or manufacturing establish- ment of any nature or description in the neighborhood of said plant, the section in question being devoted entirely to residential purposes, consisting of houses of a highly respectable kind, in keeping with the general character of the residences in , which is eminently a residential city. 4. A number of years ago, the exact time being unknown to the plaintiffs, one A. M. established the aforesaid slaughterhouse in its present location, which was then vacant ground remote from human habitations or public places; said slaughterhouse has been operated almost continuously since its establishment, until about 19 . . , by the said A. M., and since that date by the said A M. & Co. The plaintiffs are informed and believe and charge the truth to be that the said A. M., now deceased, located the said slaughterhouse in the said place because of its remoteness from human habitations. In its incep- tion it was a small plant, conducted principally for the purpose of sup- plying a butcher shop, controlled and conducted by the said A. M. and located in what was then the village of E.; but as the business in- creased the method of conducting the said plant was offensive, and constituted a nuisance, regarding which complaints were made from time to time to the state and local boards of health (describe the nature of the nuisance in detail, and various partial attempts by A. M. £ Co. to lessen the nuisance). 5. Within the past ten years large communities have sprung up in the neighborhood of the said slaughterhouse, and numl)ers of houses have been erected on the streets (naming them) adjacent to the said slaughterhouse. Heretofore the buildings constituting said plant were of a temporary character, and from this fact, as well as from the fact that the land on which these buildings were maintained was of a value greatly disproportionate to the character of the enterprise conducted there, and was suitable for residential purposes, the plaintiffs had rea- son to expect that the establishment complained of would not be main- tained in that location; and the plaintiffs have resisted every effort to extend said plant, and on several occasions have succeeded in having permission to erect extensions removed. The intended continuation of the said plant as a permanent menace to the enjoyment of the property of the plaintiffs first became known to them in 19. ., when they learned that a system of improvements and extensions was to be begun and carried out which, when completed, will make the entire plant a per- manent and continuing nuisance. (Describe plans on foot for increas- ing the size of the plant, enlisting new capital, etc., which were stated by the defendants at the time to have the object of removing any ground for complaint that had heretofore existed.) 6. Early in the present year the additions and improvements re- ferred to were installed, and the plaintiffs have had full opportunity of determining that these improvements and additions have increased rather than decreased the character of the nuisance. BTLLR TO ENJOIN NUISANCES 263 7. Since the additions and Improvements above referred to were completed, the odors which emanated from the said slaughterhouse have been extreme (.mention in detail other elements' of the nuisance, noises of animals, and of machinery, etc.). 8. The plaintiffs ail live within a ,radius of about 1,200 feet of the said slaughtering establishment, and their comfort and health and the value of their properties have been greatly and injuriously affected; and with the expressed intention of the defendants to maintain the plant in its present location as a permanent institution and to make extensions upon it in the future as the business justifies, the nuisance complained of changes from a temporary to a permanent character and cannot be tolerated. Under these circumstances, the Interference of a court of equity is imperatively required. To the end, therefore: 1. That (prayer for answer) . 2. That {prayer for injunction) restraining them and their officers, servants and agents from occupying the buildings or any of them erected and maintained by them as a slaughterhouse and from slaugh- tering any animals in such buildings, and from maintaining the build- ings to be used as a slaughterhouse; and from operating the apparatus contained in said buildings for the rendering of animal fats (etc.), or other offal and from making fertilizer on the said premises; and from operating machinery therein at any time between the hours of 7 P. M. and 6 A. M., or at any time on Sundays, and from keeping sheep and cattle on said premises, and also that such injunction be granted pend- ing this suit. (Add prayer for process.) (Verification.) PENNSYLVANIA » Form No. 207 BILL BY PEOPEETY OWNEE TO ENJOIN OIL EEPINBEY (Title and Commencement.) 1. Your orators now are, and during the committing of the grievances hereinafter set forth were, husband and wife, living to- gether as such in the city of 2. Your orator, A. B., now is, and during the committing of the grievances hereinafter mentioned has been, the owner of the following described premises: (Description); wherein your orators, during said period, have continuously resided, and still continue to reside. 3. Prior to the unlawful acts of the defendants hereinafter men- tioned the location where the aforementioned premises were situate was a populous, desirable, and valuable residential quarter of the city, and has ever remained, and still Is a populous neighborhood; and your orator's residence hereinbefore described, was In all respects healthful, comfortable and desirable as a residence, and entirely free from the nuisance and annoyance hereinafter set forth. 4. The defendant X. Company is a corporation organized and exist- ing under and by virtue of the laws of the state of , and has 9 The above form, although obtalne'd from the practice of Penn- sylvania, Is available for use In general chancery practice. 264 EQUITY FORMS since on or about {date), occupied, and still continues to occupy the following described premises: (Description.) 5. Tlie defendant, R., is, and during the committing of the griev- ances hereinafter set forth was, the owner or reputed owner of the said premises, and also an officer and stockholder of the said com- pany, to-wit, its president (name the other officers joined as defend- ants); the said R. (etc.), during the committing of the grievances hereinafter set forth, as officers and directors of said company, con- trolled and directed the management and operation of the said cor- poration hereinafter complained of. 6. Prior to the occupancy by the X. Company of the premises men- tioned in paragraph 4, said premises consisted of a vacant tract of land, and the said defendant company has built, or procured to be built, upon said premises, certain buildings, tanks, stills, condensers, wharves, and sundry other appliances for making, manufacturing, pro- ducing, refining, storing, shipping, and exporting divers large quan- tities of products and by-products of petroleum and Texas crude oil. 7. Shortly after the erection of said works the defendant company began to operate said works for the purposes aforesaid, and has since continued, and intends to continue, said operations. 8. Said works now are, and since their erection have been, so con- structed and operated as continually to emit therefrom, spread and diffuse over and settle into and upon your orator's aforesaid parcel of land and appurtenances thereto, divers noxious, poisonous, foul, unhealthful, unwholesome, and offensive smells, gases, vapors, fumes, smoke, and deposits, tainting and corrupting the atmosphere in, on, and about your orator's property so as to make said premises and said neighborhood uncomfortable, undesirable, and unendurable as a place of residence, and, further, so as to render the said dwelling thereon unfit for habitation, greatly damaging and discoloring the exterior and interior of said dwelling and appurtenances on said parcel, dis- coloring and destroying the paint upon the interior and exterior of the said dwelling and appurtenances, the fences, shutters, woodwork, house furnishings, papering, and vegetation, permeating the food and water on the premises occupied by your orator as aforesaid, and ren- dering such food and water unfit for consumption and use, all of which is to the great damage to your orator's property, appurtenances, and belongings thereon, and to the great prejudice of your orator's health. Since the erection and operation of said works your orator, A. B., has continually suffered and continues to suffer, from nausea by reason of inhaling the aforesaid matter thrown in and upon the above mentioned premises by the said defendant's works, or blown there by the wind, with affection of the throat and eyes, and with great loss of sleep, occasioned by said nauseous, poisonous, and offensive atmosphere and matter being emitted and thrown upon said premises as aforesaid; and thereby has been permanently affected in health to his injury and prejudice, and has continually suffered, now does, and will continue to suffer, great bodily and mental anguish and suffering. 9. By reason of the premises, and more especially the premises and conditions set forth and referred to in the preceding paragraph, the health of your orator, C. D., is prejudiced as well, in that since the erection and operation of the said works she has continually suffered, BILLS TO ENJOIN NUISANCES 265 and continues so to suffer (repeat allegations in last part of Par. 8, above), and said C. D. is permanently affected in health, to the prej- udice and detriment of your orator, A. B., forasmuch as he, as husband of the said C. D., Is advised and believes that he will be put to great expense and outlays in endeavoring to have his said wife cured of the sickness and disorder so occasioned as aforesaid; and also that by rea- son of the said premises and aforesaid negligent and unlawful acts of the defendants your orator, A. B., during the last mentioned period has lost the services, society, and assistance of his said wife, and by reason of her aforesaid permanent loss of health he will be always deprived of her services and society, the benefit and value whereof he would, but for the premises, otherwise have continually had, have and continue to have. 10. Wherefore, by reason of the premises, your orator, A. B., claims of the defendants for damages and injuries he has sustained as afore- said the sum of 110,000. 11. By reason of the premises, and more especially the premises and conditions set forth and referred to in paragraph 8 herein, the health of your orator, C. D., has been prejudiced, in that since the erection and operation of said defendant's said works she has con- tinually suffered, and continues to suffer (repeat allegations of last part of Par. 8), and by reason of the aforesaid negligent and unlawful acts of said defendant company and of the said defendants in operating and permitting to be operated the said works, your orator, C. D., has been injured In health and comfort to her damage of $5,000. 12. Said smells, gases, vapors, fumes, smoke, and deposits pollute and during the aforementioned period have continually polluted, not only the said parcel but also the entire neighborhood, and are a con- stant cause of complaint. 13. The erection of said works by said defendant company and the operation thereof by the said defendants, and the said negligent and careless maintenance and operation of said works and business, dur- ing the entire said period. In manner aforesaid, constitute a continuing and cumulative nuisance, and are unlawful and beyond the corporate powers and privileges of said defendant company, and your orators have suffered, are suffering, and will continue to suffer, irreparable damage from said wrongful actions and doings. 14. At the time said works were being erected, your orators were not, nor was either of them, fully informed as to the uses to which said works were to be put, nor had they, or either of them any knowl- edge as to how said works were to be operated; they had no personal experience as to the effect produced by such works, operated as afore- said; it was not until the defendant's work had been in operation for a time that your orators, or either of them, discovered the full effect of their maintenance of said works as aforesaid, and they have repeat- edly notified said defendant and the other defendants of the damage they have been, and are, causing your orators as aforesaid, and re- quested the defendants to discontinue operating said works as afore- said, and they have continually refused, still refuse, and apparently will continue to refuse so to do. Wherefore your orators need equitable relief and pray: First. That the damages sustained by your orators, and each of 266 EQUITY FORMS them, as aforesaid, be assessed by this Court, and defendants ordered to pay them. Second. That it be decreed that defendant company and the defend- ants, as officers and directors of said company, abate the nuisance com- plained of. Third. That the defendant company, its officers, agents, and em- ployees, and the said defendants, and each of them, be restrained by the order and injunction of this Honorable Court, preliminary to hear- ing and finally thereafter from operating and maintaining its said ■works and conducting its operations in such manner as harmfully or injuriously to affect the health of your orators, or either of them, or to affect the said parcel of land and improvements thereon of your orator, A. B., and from allowing or permitting noxious, poisonous, foul, unhealthful, or ofiensive smells, gases, vapors, fumes, smoke, or de- posits to be emitted from defendant's said works so as to descend upon said parcel or improvements thereon. (Add prayer for general relief.) (Verification.) BHODE ISLAND i» Form No. 208 BILL BY ADJOnnNG LAND OWNER TO ENJOIN LIVERY STABLE (Title and Commencement.) 1. Your orator is the owner and occupant of a dwelling house situated In said Providence on P. street, on which it is numbered as by a copy of a deed hereto attached and marked "Exhibit A" will fully appear. 2. One A. C. R. and G. R., his wife, are the owners and occupants of a brick bam and adjoining buildings which they purchased from J. and A. G. on 19. ., situated in the rear of No H. street in said city of Providence, as by a copy of said deed hereto attached and marked "Exhibit B" will fully appear. The said locality is an exclusively residential neighborhood and has never been used for any business or commercial purposes whatever. 3. Since their said occupancy of said barn and stables the said A. and G. have established and maintained, and do now maintain on said premises a livery stable and cattle barn in which are kept large num- bers of horses and cattle. 4. The said livery stable and cattle barn are in close proximity to the dwelling house of your orator, to-wit, within 15 feet thereof as by a surveyor's plat of said premises hereto attached and. made a part hereof and marked "Exhibit C" will fully appear. 5. The said livery stable and cattle bam of the said respondents are a nuisance to your orator in this, that it is so near his dwelling house that the noises, noxious gases and stench emanating therefrom and the swarms of flies concentrated on said premises render the en- joyment of life in his said dwelling house uncomfortable. 6. Your orator further avers that the continuance of the nuisance 10 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. BILLS TO ENJOIN NUISANCES 267 aforesaid will work to his irreparable injury by rendering said dwelling bouse uncomfortable if not uninhabitable by reason of the noises, noxious gases and stenches aforesaid, which infect the neigh- borhood and the concentration of flies and vermin upon his premises. TO the end therefore that this Honorable Court may grant to your orator its writ of Injunction directed to the said A. C. B. and G. E., his wife, to restrain them from continuing the use and occupation of the premises In the manner aforesaid. (Add prayers for general relief and for process.) (Verification.) WEST VIRGINIA " Form No. 209 BILL BY CITIZEN TO ENJOIN ILLEGAL SALOON (Title and Commencement.) 1. The plaintiff is a citizen of the county of K., living in or near the collection of houses known as C. In said county. Said village of C. is not incorporated, and is situated on the K-. river, in the extreme upper end of the county of K., next to the line of the county of F. on the north side of said -K. river; and immediately opposite on the south side of said K. river in the said county of F., about five hundred feet from the said village of C, there is situated the incor- porated town of M., and there is situated in said county of K., about one mile below said village of C, and the particular house and place hereinafter described, an incorporated town known as the town of U. 2. There was published on the 28th day of March, 19.., by the county clerk of K. county, in the newspapers printed in said K. county, a certain application for license to sell spiritous liquors of said defendant, C. H., which publication designated the person who was to apply for the license as C. H., of C, West Virginia, and the place or house where the license to be granted was the W. building, C, W. Va. A true transcript of said publication of application certified by the clerk of the County Court of said K. county, is herewith filed as a part of this bill, marked "Exhibit A." 3. On the day of May, 19. ., a citizen of the county of F. and town of M., by the name of J. P. P., did appear before the County Court of K. county in open session and object to any license being granted to the said C. H. in said building at said place, unless and until permission should be granted by the said town of M., since the said place was In distance less than one-half mile from the incor- porated limits of the said town, and did by counsel file with said County Court a petition in writing setting forth said facts, and 11 Adapted from bill in Devanney v. Hanson, 60 W. Va. 3. In the original bill there are somewhat full allegations of the terms of the statutes therein mentioned, and the bill charges in apt words that the terms of the said statutes have been violated and that the said license granted the defendant is null and void, and claims that his further sales of liquor thereunder should be abated as a common nuisance. These allegations, being allegations of conclusions of law, are omitted in the form as given above in the text. The above form, although obtained from the practice of West Vir- ginia, is available for use In general chancery practice. 268 EQUITY FORMS requested by counsel that he should be given opportunity to be heard when said application was to be considered by said Court. Upon information and belief, the plaintifE charges and avers that no such notice was given to the said P. or to his counsel when said application was heard, and neither the said P. nor his said counsel had any knowl- edge of the granting of said application for license until the same had been granted and the saloon opened in said building. A certified copy of said petition will be filed as a part of this bill, marked "Exhibit B." 4. Plaintiff further avers upon information and belief that at an alleged meeting of the common council of the town of U., claimed to have been held in said town on the 25th day of April, 19... a permit was granted to the said H. to apply for said license at said place to the County Court of K. county, but that no certificate thereof was at that time given to the said H., and that on the 27th day of April, 19. ., at a full meeting of said council said alleged permit was revoked and the permit refused. 5. PlaintifE further avers on information and belief, that there was presented to the said County Court of K. county an alleged permit from the said town of U., dated on the 27th day of May, 19. ., pretend- ing to grant to the said H. the permission of the said town to obtain said license. A certified copy of said alleged permit so presented to said County Court is herewith filed as a part of this bill, marked "Exhibit C." 6. Plaintiff further charges and avers, on information and belief, that no such permit was ever granted on said date by said council of said town of U., and that no permit was at any time granted by said council of said town of U., except as hereinbefore set out, and plaintiff, upon information and belief, further charges and avers that said alleged permit was not signed by the said C. B. W., Recorder pro tern., as set out thereon, nor by the said E. S. N., mayor of said town, as set out thereon. 7. On the 16th day of June, 19. ., the said County Court of K. coimty, well knowing that said building in said town of C. was within distance less than one-half mile of the limits of the incorporated town of M., did grant to the said C. H. a license to sell at retail, spiritous liquors and drinks of like nature in the W. building in the said town of C, and dated said license back to the 5th day of June, 19... Certified copies of said order of said County Court and of said license are here- with filed as parts of this bill marked as "Exhibits F and G." 8. Plaintiff further charges that the only authority under and by which a County Court of any county can issue a license to sell spiritous liquors In contained in section 10 of chapter 32 of the Code of West Virginia as amended and re-enacted by chapter of the Acts of the Legislature of 1905. 9. Said place is less than one-half mile distant from the limits of the said incorporated town of M., and is within two miles of the limits of the incorporated town of U., and plaintiff charges and avers, upon Information and belief, that both the said C. H. and the said County Court of K. county, well knew that the same was within such distance of such limits of said towns when they pretended to grant said license. 10. Plaintiff upon information and belief further charges and avers that no order was entered upon the order book of the County Court of BILLS TO ENJOIN NUISANCES 269 K. county trom the time that said notice was published as aforesaid, in reference to said C. H. license until said order was so entered on the 16th day of June, 19... 11. Plaintiff on information and belief, further charges and avers that said 16th day of June, 19 . . , was not the first day of the term of the County Court of K. county, either special or regular, and that said Court had been in session continuously since the day of the month of April, 19... Plaintiff therefore prays that said house and building and place where such intoxicating liquors are sold shall be held, taken and deemed to be a common and public nuisance, g,nd that this Court will, by proper decrees, abate the same and inhibit, restrain and enjoin the sale of intoxicating liquors therein. (Ad(t 'prayer for general relief.) DELAWARE Form No. 209a INFOBMATIOK ATTOSNEY OENEBAL TO ENJOIN TBAPSHOOT- INO CLUB AS A PUBLIC NUISANCE Attorney General of the State of Delaware, on Relation of vs. President, ' Treasurer, and Secretary and Members Respectively of the Trapshooting Club, an Unincorporated Asso- .Information, elation of Persons, and Upwards of Three Hundred Other Persons, Members of and as Said Trapshooting Club. Informing showeth unto your Honor J. W., Attorney General of the State of Delaware, at and by the relation of M. M. and E. H., citizens of the said State, the said M. M. being a resident of Chris- tiana, Hundred, New Castle County, and the said E. H. being a resi- dent of Brandywine Hundred in New Castle County, in said State, for and on behalf of themselves and the rest of the inhabitants of the said county as follows, to wit: 1. That the relator, is the lessee of the premises known as Num- ber 140 in the row of houses called Gravel Block on Squirrell Run, in the village of Henry Clay, in Christiana Hundred aforesaid; that the said premises are about one-eighth of a mile from the Trapshooting Club; that he with his family has made his home in the house on said premises for upwards of twenty years; that as the ten- ant of said premises, he is entitled to the comfortable enjoyment of his home and to the enjoyment therein of the ordinary comforts of lite, and that he, together with the other citizens and residents of the said hundred and court, are entitled to the comfort and enjoyment of their homes and to the enjoyment of the ordinary comforts of life, and did enjoy the said comforts without molestation until the estab- lishment of the public nuisance hereinafter complained of. 2. That the said E. H, is the owner of and resides, and has resided for many years on the farm known as the Husbands Farm in Brandy- 270 EQUITY FORMS wine Hundred aforesaid; that said farm is situated on the north aide of the public road known as the Rockland Road in said hundred; that his residence is about one mile from the premises occupied by the said Trapshooting Club; that the public road known as the New Bridge Road intersects the said Rockland Road at a point di- rectly opposite his residence; that as the owner and occupant of the said farm he is required and desired to pass and repass along said public road known as the New Bridge Road; that he, together, with the other citizens and inhabitants of said New Castle County, is en- titled to pass and repass along said public road without hindrance, inconvenience or molestation and with safety to himself, and his property; that he is also entitled to the comfortable enjoyment of his home and to the enjoyment therein of the ordinary comforts of life; that he did enjoy said comforts and did travel the said road free from hindrance, inconvenience or molestation and with safety to himself and his property prior to the establishment of the public nuisance hereinafter complained of. 3. That the Trapshooting Club is an unincorporated associ- ation of persons and is composed of upwards of three hundred mem- bers, the names of most of whom are to the relators unknown and many of whom reside outside the State of Delaware; that T. D. is a member and president of said association; that J. G. is a member and treasurer of said association, and that W. J. is a member and secre- tary of said association, and as members and officers of said associa- tion have a common interest with the other members thereof; that they are duly constituted the officers respectively as aforesaid, and as such officers have, or have means of, knowledge of the names and ad- dresses of the members of said olub and act for said club and its mem- bers in its and their affairs and represent said club and its members, and as such officers have assumed and performed, and do assume and perform, the duties usually and generally assumed and performed by such officers, by reason whereof they are proper representatives of the members of said association; that the number of other mem- bers of said association is so numerous that it is impractical to name them individually as parties defendant and to attempt to do so would cause such delay and inconvenience as to deprive the public of the relief sought by this information. 4. That the defendants, as Trapshooting Club, are re- puted to be the lessees of and occupy, and have occupied for a period of about five years, a certain lot, piece or parcel of land in Brandy- wine Hundred aforesaid on the north side of the public road or high- way in said hundred known as the New Bridge Road; that the said lot, piece or parcel of land occupied by the said defendants is, or was a part of the farm known as the Arbuckle Farm in Brandywine Hun- dred aforesaid; that the said lot, piece or parcel of land so occupied by the said defendants as aforesaid consists of about ten acres of land included within a fence and adjoining on the south the said pub- lic road known as the New Bridge Road. Said lot, piece or parcel of land being bounded and described as follows: {Description.) 5. That the said public road, which is situated on the south side of, and immediately adjoining the premises occupied by the said de- BILLS TO ENJOIN NUISANCES 271 lendants as aforesaid, is Icnown as the New Bridge Road, and runs from the public road known as the Rockland Road, in Brandywine Hundred to the village of Henry Clay, in Christiana Hundred, and is the most direct and the only route for the residents of Brandywine Hundred and Christiana Hundred to use in going to and from that section of Christiana Hundred known as Henry Clay, and lor the pur- pose of approaching from either side the bridge across Brandywine Creek known as the New Bridge and to the Electric Railways which run to and from the City of Wilmington, and which have their terminii or loops in the village of Henry Clay in Christiana Hundred aforesaid; that the said public road has been a public road and open to the free and uninterrupted passage of all of the inhabitants of the said county of New Castle lor over fifty years. 6. That the said defendants as the Trapshooting Club conduct and have conducted for a period of about five years on the premises described in paragraph four hereof a club, association or organization lor the purpose of providing the members of said club and others with facilities for the shooting of firearms at targets and lor the purpose of furnishing and selling to the members of said club and others, cartridges and targets, said targets being commonly known as "clay pigeons." 7. That the said defendants, as the , Trapshooting Club, have erected or caused to be erected on their said premises a club- house, the southerly end of which is about the distance of one hun- dred and sixty feet from said public road, known as the New Bridge Road; that the said clubhouse faces toward the east. That at the distance of about thirty feet in front ol said clubhouse are stands or stations upon which the members of the said club and other persons using said club stand while firing at said targets or clay pigeons. That at the distance of about forty feet in front of said stations are five traps or devices used for the purpose ol throwing said targets or clay pigeons into the air in order that the members ol the said club or other persons using said club may fire at said targets with guns loaded with powder and shot. 8. That the said defendant, as Trapshooting Club, per- mit and encourage other persons other than those who are members ol the said club to shoot either with their own giins or guns which are the property of the said club, for the purpose of firing the same at said target, and offer for sale and sell to the said persons other than the members of said club, and also to members of said club, targets and cartridges for the use of said persons. 9. That the said defendants, as Trapshooting Club, have caused to be published in the public newspapers of the city of "Wil- mington, from time to time, an advertisement inviting everybody to come and use the premises occupied by the said defendants for the purpose of firing guns at targets, and that many persons other than the members of said club do so use said premises for said purpose. 10. That the members of the said club and other persons with the permission and at the Invitation of the said defendants, congregate on the premises occupied by the said club at all hours of the day and night, particularly in the afternoon and up to eleven o'clock at night, to fire guns at targets, causing unusual, unnecessary and disturbing noises. 272 EQUITY FORMS and that said noises are regularly and persistently made, and seri- ously aSect the comfort of the inhabitants of the said co'onty who reside in the vicinity of the premises occupied by the said defendants as aforesaid, to such an extent as to destroy the comfortable enjoy- ment of their homes, and that said noises are injurious to the health of the said inhabitants in that they cause substantial discomfort and materially disturb them in the enjoyment of the ordinary comforts of life. That the effect of said noises upon the said inhabitants as aforesaid is general to the community and to the inhabitants of said county residing in the Ticlnity of said club; that the maintenance and continuance of the said club as now located and conducted con- stitutes, in law and in fact, a public nuisance affecting all of the citi- zens and inhabitants of the said county who reside in the vicinity of the premises occupied by the said defendants as aforesaid. 11. That the said traps from which the targets are thrown are on the premises occupied by the said defendants as aforesaid and consists of a series of five traps in a semi-circle; that the nearest trap to said public road known as the New Bridge Road is about one hundred and eighty feet therefrom, and when the said traps throw the target into the air, they fly or are thrown at unknown angles, and frequently fly in the direction of the said public road. That shot from the guns fired by the members of the said club and by other persons using said premises as aforesaid, with the consent of the defendants, fre- quently fall upon the public road and have in many instances struck persons while riding or driving along said public road, and the noise from the firing of the said guns has frequently frightened horses while being driven along said public road. That persons so passing along the said public road, whether walking or driving, are liable to be injured and have been injured by shot coming from the guns of the members of the said club or of other persons using the said prem- ises with the consent of the said defendants as aforesaid. That the shot from said guns have not only struck and injured and do strike and injure people passing along the said public road, but have struck. Injured, frightened and caused to run away, and do strike. Injure, frighten and cause to run away, horses while passing along the said pub- lic highway. That horses are frightened while passing along said public road by the noise of the guns being fired on the premises occupied by the said defendants as aforesaid. That the maintenance and con- tinuance of the said club by the said defendants as aforesaid as now located and conducted constitutes, in law and in fact, a public nui- sance affecting all of the citizens of the said county who are required or who desire to pass and repass along said public road. That the general public and all of the citizens and inhabitants of the said county have a right to use the said public road free and uninterrupted by any molestation and without being endangered as to tbbir per- sons or their horses, and that all of the citizens and inhabitants of the said county who are required or desire to pass or repass along said public road are prevented from enjoying the free use and passage along said public road on account of the maintenance and contins- ance of the said public nuisance as aforesaid by the said defendants as aforesaid. 12. That in the conduct of the said club by the said defendants as BILLS TO ENJOIN NUISANCES 273 aforesaid the shooting of guns which takes place on the premises occupied by the said defendants as aforesaid takes place from time to time as the members may congregate on the premises of the said club, or as special events may be arranged by the said club. That on many occasions there congregate at the said club a larger numlier of persons sometimes exceeding one hundred in number, and that said persons fire guns at said targets as fast as said traps can be operated for the purpose of throwing said targets into the air. That the firing of said guns on such occasions is almost continuous; and that said firing of guns in such a continuous manner has been going on for a long period of time, to wit, for the period of five years last past with the full knowledge and consent of the said defendants as aforesaid, notwithstanding the protests and objections of the inhabitants and citizens of the said county and of the said vicinity. 13. That the vicinity in which the premises occupied by the said defendants as aforesaid is thickly settled and is essentially a resi- dence section of the county aforesaid; that with the exception of cer- tain yards for the manufacture of gunpowder, the entire vicinity is comprised of dwelling houses, and the village of Henry Clay is only about five hundred feet distant from said premises and said village is a very thickly populated community; that the said public road known as the New Bridge Road is a continuation from the easterly end of a street in the said village of Henry Clay known as Rising Sun Lane; that the said Rising Sun Lane is the northerly boundary of the city of Wilmington in the county aforesaid, and that all of the residents and inhabitants of said vicinity are entitled to the comfort- able enjoyment of their homes and the ordinary comforts of life and to the right to pass and repass along said public road known as the New Bridge Road without molestation and interference of any kind whatsoever, and that the residents of said vicinity and of said county did enjoy the ordinary comforts of their homes and of their lives and the right to pass and repass along said public road without molesta- tion and interference until the establishment of the said public nul> sance herein complained of by the said defendants as foresaid, and the continuance of the same to the date hereof by the said defendants as specifically named herein and as particularly referred to herein as well as the three hundred and upwards other persons, members of said Trapshooting Club. And the said Attorney General at and by the relation aforesaid, is advised that there is no adequate remedy at law either to prevent the maintenance of the said public nuisance on the premises aforesaid or to compel the abatement of the same except by the interposition of this Honorable Court, wherefore the said Attorney General prays as follows: 1. That the said defendants may truly and fully answer this bill of complaint. 2. That the said defendants as oificers and members and the mem- bers of the said Trapshooting Club and all persons using the premises occupied by the said defendants as aforesaid with the permission and at the invitation of the said defendants as aforesaid may be perpetually restrained by the injunction of this Honorable Court from continuing and maintaining of the said public nuisance, 274 EQUITY FOEMS and particularly from firing guns or fire arms upon the premises oc- cupied by the defendants as aforesaid; that the said public nuisance be forthwith abated and that a preliminary injunction may issue to restrain the defendants as aforesaid in like manner until the further order of the Chancellor and that a restraining order may issue forth- with to restrain the said defendants in like manner until the further order of the Court. 3. That your orators and relators may have such other and fur- ther relief as the nature of the case may require. 4. That a subpoena may issue for the said Trapshooting Club and T. D. as president, J. G. as treasurer, and W. J. as secretary, respectively, of said Trapshooting Club and also against said T. D., J. G., and W. J. as members of the said Trap- shooting Club, as defendants in this cause. iSignature and Verification.) CHAPTER XII BILLS AND PETITIONS FOE PARTITION OF EEAL ESTATE DELAWARE By the Delaware Revised Code of 1914, effective January 1, 1915, jurisdiction in partition of real estate is taken away from the Court of Chancery and placed in the Orphans' Court. ILLINOIS 1 Form No. 214 BILL FOR PARTITION, FOR ACCOUNTING BY PERSON IN POSSESSION, AND FOR RECEIVER (Title and Commencement.) 1. L. B. T., late of , was at the time of making her last will and testament and also at the time of her death, the owner in fee simple of the following described real estate: {.Giving legal description.) 2. Being so seized and possessed, said L. B. T. died on or about the day of 19. ., leaving E. B. T., her husband, but no child or descendants of a child or children surviving her. The said L. B. T., on the day of , 19.., made and published her last will and testament in due form of law, duly authenticated to pass real estate, and by said will she devised unto the petitioner and her heirs forever, all her said real estate as above herein described, sub- ject to the rights accruing by the statutes of the state of Illinois, therein, to said E. B. T., as will more fully appear by a copy thereof hereto attached, marked "Exhibit A," and made a part of this bill. 3. The said last will and testament ^tras on or about the day of A. D. 19 . . , duly proved and admitted to probate in the Probate Court of Cook county, Illinois, and your petitioner was on that date granted letters testamentary and thereafter duly qualified as such executrix, and is now acting as such. All claims filed and allowed in said court against said estate have been fully paid, and the time for filing further claims has elapsed. 4. Your petitioner as such executrix served a certain notice in writ- 1 Adapted from bill in Richardson vs. Thurbey, 240 111. 476. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 275 276 EQUITY FORMS ing upon the defendant, E. B. T., on or about the day ot A. D. 19.., notifying him that all just debts and claims against the estate of his said deceased wife as allowed in the Probate Court of Cook county had been fully paid and requiring him to make his election to take the portion of said estate devised to him in said will, or renounce the provisions thereof and take whatever might be bis portion under the statutes of Illinois, within two months of the date of said service upon him, but the said E. B. T. ignored said notice, and refused and failed and ever since has refused and failed to make such election. More than one year has elapsed since the issue of let- ters testamentary to your petitioner by said Probate Court, and by reason of the premises the said B. B. T. has accepted the conditions of said will of his deceased wife. 5. On or about the 31st day of July, 1907, your petitioner as ex- ecutrix, by authority of said will, and said E. B. T. sold and conveyed their respective interests in a certain part of the premises hereinbe- fore described as follows {giving legal description), to one J. H. S., and none of the parties to this case now have any interest in said last described premises, and make no claim thereto. 6. Your petitioner on or about the day of , 19.., sold and conveyed to one M. G. T., an undivided one-fifth interest in the premises hereinabove described as {giving description), as will appear from a copy of said instrument hereto annexed and marked "Exhibit B." 7. The premises described as {giving description) , are incumbered by a trust deed by said L. B. T. in her lifetime and E. B. T., her hus- band, running to defendant, R. T. S., as trustee, dated , 19.., and recorded on the day of , 19. ., in the recorder's office of Cook county, Illinois, as document No , which trust deed secures note of even date therewith, of the deceased, for the sum of f 1,500, bearing interest at the rate of 5% per cent per annum, pay- able semi-annually, and due 19.., which said note is owned and held by persons unknown to your petitioner; and said pfremises are improved by a cottage and are occupied by defendant, F. H. D., as tenant thereof from month to month, who claims to have some interest in said premises as tenant aforesaid. 8. By the aforesaid will of L. B. T., she gave and bequeathed unto her sister, M. G. T., as a legatee the sum of |750, and unto L. R., her sister, as a legatee, the sum of $500, both of which legacies remain unpaid, and by said will and under the laws of the state of Illinois, are a lien upon the said real estate before described, and the owners of said legacies claim some interest, therefore, in said real estate, under the terms of said will. 9. Said E. B. T., under the terms and provisions of the said will and by reason of his failure to renounce its provisions is endowed with a one-third part of the lands hereinabove described (excepting that portion in which he has joined in conveying to said S.), for the term of his natural life, which dower in said premises has never been set apart to said E. B. T.; and he also claims to be entitled to a home- stead right in the said premises described as {etc.). 10. Your petitioner as executrix of the last will and testament of said L. B. T. heretofore on the day of , 19 . . , in the BILLS FOR PARTITION OP REAL ESTATE 277 Circuit Court of Cook county, Illinois, obtained a certain judgment for costs in the sum of $66.00 against said E. B. T., upon which execution was heretofore issued and said judgment is now in full force and effect and unsatisfied, and said sum remains wholly unpaid. 11. Said premises are the only real estate owned in common by the parties to this suit, and no other person or persons than the parties above-named have any interest in or title to the said described prem- ises, or any part thereof. 12. At the time of the death of the said L. B. T., said E. B. T. was in the occupancy of the premises known as idescription) , claiming same for his homestead, and has ever since remained and now is in possession of said premises without having paid any compensation therefor, and was at the time of the death of the said deceased man- aging and collecting the rents of all the remaining real estate of said deceased, and has ever since continued so to do, including the rents and repairs of the property known as as hereinabove de- scribed, up to the time the same was sold and conveyed to the said S., and having the leases with the tenants of said premises within his control and made in his name, he has against the wishes and protests of your petitioner wrongfully persisted in the management of all said real estate and renewing or making of new leases, in his own name and collecting the rents as heretofore, and has frequently persisted in mak- ing unnecessary repairs upon said premises, and has by his manage- ment, as he represents, incurred debts against the said real estate and so managed and controlled the same that the rents and proceeds have been insuCBcient to pay the taxes, interest upon the incumbrances and running expenses of said real estate, but in fact, as your petitioner represents and believes, the Income of said premises has been at all times sufficient to pay all proper and lawful charges against the same and in addition thereto a margin of profit for the owners thereof. 13. The receipts and disbursements of said rents cover a period of time from the 3rd day of June, 19. ., to the present time, and together with the various items claimed to have been paid by him for expenses, repairs and otherwise, constitute a complicated set of accounts. The said T. has wholly refused to accurately account for the proceeds re- ceived and disbursements as to such real estate, made by him, and be now has in his possession or control a large sum of money which on accounting will be found to be due to your petitioner: 14. Other than his interest in the real estate hereinbefore described, said T. is without property, and is not responsible for any surplus of rents collected from said real estate, coming to his hands, and there is great danger that if he is permitted to continue the collection of said rents, by reason of his personal insolvency your petitioner's interest in said real estate will be greatly prejudiced and ultimately lost wholly or in part. 15. Your petitioner has often requested and demanded of said E. B. T., that the management of and collection of rents of all of said premises be put in the hands of some responsible third party or that your petitioner and said T. join in the management of said property, and the collection of said rents, but said T. at all times has refused and still refuses to permit your petitioner to participate in any way 278 EQUITY FORMS In the management of said real estate and the collection of such rents thereof. 16. Your petitioner is desirous that a partition or division should be made of the said several pa.rcels of land between her and the said M. Q. T., according to their respective shares and interests therein, and that the dower rights of the said E. B. T. be set apart to him and his homestead rights, if any, be determined and adjudicated or In case the said premises can not be divided and partitioned without material injury to the parties interested therein, that the same may be sold and the proceeds thereof be divided among the parties according to their respective rights and interests. 17. Your petitioner has frequently applied to said M. G. T. and B. B. T. and requested them to come to an equitable and just division of the said premises, or in case such amicable division could not be had that they join in making a sale of said premises, and divide the pro- ceeds thereof, but the said E. B. T. and M. G. T. wholly refuse to assent to any such proposal. Forasmuch, therefore, as your petitioner is without remedy in the premises, except in a court of equity, and to the end: 1. That {prayer for answer}. 2. That a receiver may be appointed with the usual powers of re- ceivers in chancery, to take charge of the premises in this petition described, care for and manage the same, and collect the rents therefor. 3. That the dower of said E. B. T. in all said premises may be as- signed, and set apart to him, and the value of his homestead rights, if any, adjudicated, and a division or partition of the residue thereof be made by the direction of this Court between the parties, according to their respective rights and interests therein, to be adjudicated by the Court. 4. That in case assignment of dower and adjudication of home- stead rights, and division and partition of said premises can not be made without manifest prejudice to the parties in interest, that the same may be sold under the direction of this Court, and the proceeds thereof distributed between the parties according to their respective interests. That an accounting may be had in this behalf, that the Court may ascertain the amount, if any, due your petitioner and the defendants from the said E. B. T., that the amount so due be declared a lien upon his interest in the aforesaid property. {Add prayers for general relief and for process.) MAINE 2 Form No. 215 (a) BILL FOE PAETITION BY SALE OF PEEMISES 8 {Title and Commencement.) 1. The plaintiff, G. H. G., is seized in fee simple and as tenant in common of and in certain real estate: {Description.) 2 The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. 3 Taken from the bill filed in Green vs. Green, on the equity files of Supreme Judicial Court in Cumberland county, sustained by a single justice. BILLS FOR PARTITION OF REAL ESTATE 279 2. The buildings on said land consist of a one-story house with ell and shed, the northeasterly end of said house being on the line of Street, the northwesterly side of all of said buildings being on the northwesterly line of said lot, and said buildings extending nearly the whole length of the same. The main house and ell occupy more than one-half of the width and about one-half of the total area of said lot, by reason whereof said house is not susceptible of division and separate occupancy, and said house and land cannot be divided without greatly impairing the value, and the sale of the whole of said real estate would be much more beneficial and less injurious to all persons Interested therein. 3. Said G. H. G. is seized in fee simple and as tenant in common of one undivided three-sixteenths (3-16) part and the defendant, E. G., is seized in fee simple and as tenant in common of one undivided thirteen-sixteenths (13-16) part of said property. 4. Since 19 . . , said B. G. has received all of the income of said property and, though requested, has neither paid any of said income to the plaintiff nor rendered any account thereof to him. Wherefore the plaintiff prays: 1. That the whole of said real estate may be sold and the proceeds thereof divided among the respective owners, according to the share of each, and said G. H. G. may be paid his proportionate share. 2. That said E. G. may render an account of what is due the com- plainant out of the rents and profits of said real estate received by her, said E. G., and may be ordered to pay to the plaintiff the amount found to be due him. (Add prayers for general relief and for process.) Form No. 216 (b) BILL FOB PAETITION BY SALE WITH PRAYER FOR RECEIVER 4 (Title and Commencement.) 1. The plaintiff Is seized in fee of one undivided third part of cer- tain real estate: (Here insert description.) 2. The defendants, H. L. R. and N. B. A., are each seized in fee of one undivided third part of said described premises. The buildings on said premises consist of a dwelling-house and barn suitable for the occupation of one family only. 3. Said N. B. A. is now and ever since plaintiff derived his title to said premises, to-wit, April 12, 19 . . , has been in the exclusive use and possession of all of said premises and refuses to account for any part of the rents and profits thereof, although thereto requested. 4. Said premises can not be divided without being greatly depre- ciated in value, and can not be occupied in common by plaintiff and defendants, and the said defendants refuse to sell their interest in said * Bill found in Pierce vs. Rollins, 83 Me. 172, where the title of the plaintiff was denied by the answer and the bill was dismissed to have the title first determined in an action at law. The sufficiency of the bill, if true, however, was not questioned. 280 EQUITY FORMS premises to the plaintiff or to purchase the interest therein of said plaintiff. Wherefore the plaintiff prays: 1. That said N. B. A. may be ordered to account for the rents and profits of said premises. 2. That the Court may order and decree that said premises may be sold and the proceeds thereof be divided among plaintiff and de- fendants according to their respective interests in said premises. 3. That a receiver may be appointed to take charge of said premises and to dispose of the same in pursuance of such order and decree. (Add prayers for general relief and for process.) MARYLAND 5 Form No. 217 BILL FOR PARTITION AMONG HEIRS {Title and Commencement.) 1. G. C, late of Baltimore county, was, in his lifetime, and at the time of his death, seized and possessed in fee simple absolutely, of a large amount of real estate lying in the city of Baltimore. (Locate property, giving references' to titles to same.) 2. Being so seized, the said G. C. died on or about the day of , 19. ., without leaving a widow surviving him, and leaving a last will and testament, duly executed to pass real estate in this state, which said will has been admitted to probate by the Orphans' Court of said Baltimore county, and is now of record in the office of the regis- ter of -wills of the same, in wills, liber No , folio 3. By said will the said G. C. devised the said property as follows: One undivided third part to his brother, J. C; one undivided third part to his sister, A. C. M., wife of C. M. ; and the remaining undivided third part to his friend, B. F. N., in trust for said testator's sister, F. H. M., for life, and at her death, in trust for her children; all which will more fully appear by reference to a duly certified copy of said will, herewith filed as part hereof, marked "Exhibit A." 4. The said J. C. intermarried with S. S. C, both of whom are still living, are of full age and reside in Anne Arundel county in this state. 5. The said A. C. M. died during the lifetime of said testator, and after the date of the execution of said will, leaving surviving her husband, C. M., who is of full age and resides in the city of Phil- adelphia, and state of Pennsylvania, and two children, viz.: J. C. M., who intermarried with M. E. M., and J. W. M., who intermarried with A. B. M.; all of whom are still living, are of full age and reside In the said city of Philadelphia. 6. Your orator, B. F. N., the trustee named in said will, is of full age and resides in said Baltimore city, and has accepted the trust, and entered upon the duties thereof. 7. Your oratrix, F. H. M., intermarried with your orator, J. H. M., 5 The above form, although obtained from the practice of Mary- land, is available for use in general chancery practice. BILLS FOR PARTITION OP REAL ESTATE 281 both of whom are of full age and reside in said Anne Arundel county. , 8. All the children of the plaintiffs, P. H. M. and J. H. M., are as follows: (a) Your oratrix, M. C. E., who intermarried with your orator, M. G. E., both of whom are of full age and reside in the city of Wash- ington. (b) Your oratrix, E. C. M., who is an infant under the age of twenty-one years and is unmarried, and resides in said Anne Arundel county. 9. A partition of said property among the parties entitled thereto, according to the several interests therein as aforesaid, can be made without loss or injury to them; but since your oratrix, E. C. M., is an infant under the age of twenty-one years, such partition cannot be made without the aid of this Court. To the end, therefore, (1) That a decree may be passed by this Court for a partition of said property among the persons entitled thereto according to their respective interests therein as aforesaid. {Add prayers for general relief and for process.) MASSACHUSETTS Partition proceedings among heir's or tenants in common in this state are usually conducted by petition in the Probate Court. MICHIGAN e Form No. 218 BILL FOB PABTITION AMONa HEIRS (Title and Commencement.) 1. Your orator and one K. A., of are the owners in fee simple, as tenants in common, of (insert description of land). The said land is of the value of more than one hundred dollars, and is worth dollars as nearly as your orator can estimate or ascer- tain the value thereof. 2. The title of your orator and of the said K. A. is derived by inheritance from one D. A., who died intestate and seized and possessed of the said land in fee simple, on the day of A. D. 19.., leaving no widow surviving him and leaving your orator and the said K. A., his sons and only children and heirs at law, and the said land is free and clear from all encumbrances. 3. No person or persons other than your orator and the said K. A. have any interest whatever in or title to the said land or any part thereof. Your orator and the said K. A. each own an undivided one- half thereof, and are now both of full age. 4. Your orator is desirous that a partition and division of the said land should be made between himself and the said K. A., according to their several and respective rights, estates and interests therein, 8 The above form, although obtained from the practice of Michigan, is available for use in general chancery practice. 282 EQUITY FORMS or in case the said land cannot be divided and partitioned without material injury to the parties interested therein, then the same may be sold and the proceeds thereof divided among such parties according to their respective rights and interests. 5. Your orator has frequently applied to the said K. A. and requested him to come to an equitable and just division and partition of the said lands and premises between himself and your orator, or in case they could not agree on such amicable division that they should join in making sale of the said land and premises and divide the proceeds thereof, but so to do the said K. A. has hitherto wholly refused, and still does wholly refuse. Your orator therefore prays: I. (Prayer for answer.) II. That a just and equitable division and partition of the above described land and premises may be made between your orator and the said K. A., the parties hereto, according to the course of practice in this Court and to the statute in such case made and provided. III. That in case It shall appear that a partition thereof, cannot be made without manifest injury to the rights of the parties therein, then that the said land and premises may be sold under the decree and by the direction of this Honorable Court, and that the proceeds of such sale after payment of the expenses thereof and of the costs of this suit, be divided between the parties hereto according to their respective rights and interests therein. IV. That the rights and interests of the parties hereto in and to the said land and premises, and in the proceeds thereof, if the same shall be sold, may be ascertained and declared by the decree of this Court. (Add prayer for general relief.) (Prayer for process and verification may also be included.) NEW HAMPSHIRE 7 Form No. 219 (a) BILL FOE PARTITION UNDER STATUTE (Title and Commencement.) 1. Your petitioner is seized as tenant In common with said defend- ants of one undivided one-sixth of the premises lately occupied by X. (Here insert description of premises). 2. Your petitioner is desirous of holding her share of said real estate in severalty; she, therefore, prays that the same may be divided and the share of your petitioner set off and assigned to her agreeably to the statute in such case made and provided. Form No. 220 (b) BILL FOR PARTITION UNDER GENERAL EQUITABLE JCJEISDIOTION (Title and Commencement.) 1. The plaintiff and the defendant are the owners in common and undivided of certain real estate (here insert description) ; the plaintiff 7 The above forms are peculiar to the chancery practice of New Hampshire. BILLS FOR PARTITION OF REAL ESTATE 283 owns in them one-half of said premises and the defendant owns the other half. 2. The plaintiff is desirous of having his share of said described property set off to him, and of owning the same in severalty. Therefore, the plaintiff prays that the Court may order a partition of said premises according to the respective interests of said parties as hereinbefore set forth, or if it shall appear that a division of said estate among the owners thereof so as to give to each owner his just and equal share cannot be made without great prejudice and incon- venience that the Court may order said estate to be sold and the net profits divided among the owners according to their respective titles; and for such other relief as may be just. NEW JERSEY » Form No. 221 BILL FOE SALE AND PARTITION AMONG HEIRS (Title and Commencement.) 1. M. J. B., late of the mother of the plaintiff, was at the time of her death seized in fee simple of (describe premises). 2. Being so seized thereof, the said M. J. B., on or about the day of 19 . . , died intestate, leaving J. B., her hus- band, and also leaving W. J. B. (the plaintiff), R. A. B. and G. E. B., her sons, her only children and heirs at law; and by her said death intestate, as aforesaid, the said lands descended to her said children, who became seized thereof as tenants in common, in fee simple, sub- ject to the life estate therein of the said J. B., as tenant by the curtesy. 3. After the death of the said M. J. B., and on or about the day of , 19 . . , a petition in bankruptcy was filed by or against said G. E. B., and on or about the day of , 19 . ., he was adjudicated a bankrupt, an order of reference was made therein to F. W. L., Referee, and F. H. W. was appointed trustee thereof; as such trustee, said F. H. W. sold and conveyed to said J. B. all the right, title and interest of said G. B. B. in and to the aforesaid prem- ises; but said deed was not recorded by said J. B., wherefore said G. E. B., or some one claiming from or under him, may claim some interest in the foregoing premises, but the plaintiff avers that the said G. B. B. has no interest in said premises, but that all his right, title and inter- est therein was conveyed to said J. B. as aforesaid, subject to the inchoate right of dower, if any, therein of O. B., the wife of said G. E. B. (State other transactions, if any, between the heirs, or levies by creditors against any of the heirs, etc.) 4. The plaintiff is unmarried and is seized of and entitled to one part of the premises above referred to; (mention shares to which other persons interested are entitled to, and names of wives). 5. The plaintiff is desirous that a partition of the said tract of land should be made among the plaintiff and the several parties seized of 8 The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. 284 EQUITY FORMS and entitled thereto, according to their several and respective rights, estates and interests therein, or in case (as the plaintiff believes and avers the fact to be) that the said tract of land cannot be divided among the owners thereof without great prejudice to their interests, then that the same may be sold, and the proceeds thereof divided among the various parties entitled thereto, as aforesaid, according to their respective rights and interests. But the plaintiff is advised that no valid or effectual partition, division or sale of the same premises can be made without the aid and interposition of some competent Court; and that this Honorable Court has full and complete jurisdiction in the premises. In consideration whereof, {etc. as in New Jersey "formal parts to bills," ante, p. llj and to the end that: 1. (Prayer for answer.) 2. That a fair partition and division of the above described land and premises may be made, according to the course and practice of this Court, if the same be practicable and consistent with the rights of all the parties interested herein, among the plaintiff and other persons entitled to shares of the said premises, according to their respective rights and interests therein, and that the liens, if any, on the un- divided estate or interest of any of the parties hereto, be decreed to be a charge only upon the share assigned to such party, such share to be first charged with its just proportion of the costs of these pro- ceedings, in preference to any such liens. 3. That in case such partition and division of the said premises shall be found to be impracticable, or if it should appear that the same cannot be made without great prejudice to the owners of the said premises, then that the said tract of land may be decreed by this Honorable Court to be sold, including the inchoate right of dower, if any, of the defendant, O. B., wife of G. E. B., as aforesaid, and the proceeds thereof, after paying the costs and charges of this suit, divided among the several parties interested therein, according to their respective rights, shares and interests; and that the portion of the moneys arising from said sale of the estate, share or interest of any party against whom there are existing any liens or encumbrances, held by any creditor of such party, who is a party defendant to this suit, be brought into this Court by the Master or Commissioner, as the case may be, who shall make sale of the said premises, after deducting the costs, charges and expenses to which it shall be liable, to the end that the Chancellor may make such order therefor as the circum- stances of the case may require. (Add prayers for general relief and for process.) PENNSYLVANIA 9 Form No. 222 buj. fob fastition amono heibs (Title and Commencement.) 1. A. B., of , died , 19. ., seized in fee of the follow- ing described real estate, viz.: 9 The above form, although obtained from the practice of Pennsyl- vania, is available for use in general chancery practice. BILLS FOE PARTITION OF REAL ESTATE 285 No. 1. All that certain (etc.) No. 2. All that certain (etc.) 2. The said A. B., so seized as aforesaid, died on the day and year aforesaid, leaving to survive him his widow, W„ and issue eight chil- dren, C, D., E., F., G., H., 1. and J.; the said will and testament of the said A. B. appointing C. and D. executors and testamentary trustees dated , 19. ., was duly proved , 19. ., before the Reg- ister of Wills for the county of and letters testamentary upon the estate of the said decedent were then granted to the executors in said will named, and the said will now remains on file and of record in the office of the said Register wherein and whereby the said A. B. gave, devised and bequeathed to his executors all his estate, real, per- sonal, and mixed, in trust for his widow, W., for the term of her natural life, and after her death he directed his estate to be divided into as many shares as he had children and have devised and be- queathed one share to C, one share to D., etc. (naming children) ; that the said W., widow of the said A. B., died , 19. .. 3. (Insert here, whether any of the devisees have died and their heirs or parties entitled under their wills, also if conveyances have teen made 0/ undivided interests, names of parties now entitled.) 4. Upon partition of the said real estate it pertaineth that defend- ant I., have part thereof, etc. 5. All the parties to this bill are of full age and of sound mind and there is no other real estate in the state of Pennsylvania except that hereinbefore described of which the said A. B. died seized and sole owner, in which the parties hereto have any interest. 6. The parties to this bill are the only persons who have any interest in the said real estate, no partition thereof has been made, and your orators are entitled to have partition of the same. Wherefore, your orators need equitable relief, and pray: First. That the title deeds and papers of said real estate and the rents, issues and profits thereof, in the possession, power or control of any of the defendants, be ordered to be brought into Court. Second. That a fair and equitable partition of said real estate be decreed between the parties hereto according to value and to their respective interests therein, so that each one's share shall hereafter be held and enjoyed in severalty. Third. That a Master be appointed and this cause be referred to him, to decide and partition the said real estate into purparts and to value the same and to ascertain the amounts which shall be paid or charged thereon for owelty or which shall be paid or secured to the parties to whom no purpart can be allotted according to law, and after such partition and valuation has been made to award and allot the said purparts to and among the parties entitled, together with the sum to be charged thereon as and for owelty of partition, and if the said real estate cannot conveniently be divided Into as many purparts as there are parties entitled, to award and allot the amount or sum to be paid or secured to them respectively and at the times when such payments shall be made, and the purparts out of which the same shall be payable, and to make report of his proceedings herein to the Court. Fourth. That, if the report of the Master be approved, the Court shall confirm the same and direct conveyances to be made to the 286 EQUITY FORMS parties to whom the same shall be allotted, and shall decree that the partition be confirmed and remain firm and stable in vesting in the said parties the title to the purparts, respectively, in severalty. Fifth. That, it the Master shall report that the said real estate cannot be divided wihout prejudice to or spoiling the whole, and the parties hereto have refused to take the same at the valuation, the Court shall order the Master to make sale thereof at public auction, according to the laws of this commonwealth in such case made and provided, and to divide and distribute the proceeds thereof, and also the rents, issues and profits thereof, to and among the parties entitled thereto. {Add prayer for general relief.} RHODE ISLAND i» Form No. 223 BILL FOR PABTITION BETWEEN TENANTS IN COMMON (Title and Commencement.) 1. Your orators and the defendant are severally seized in his or her own right in fee simple in undivided parts or shares as follows: your orators, C. M. A., A. M. W., H. E. A. and C. A. A., in one undivided eighth part or share each, and the defendant, A. H., in one undivided half part or share, as tenants in common of (insert description of realty) . 2. Your orators are desirous of having said estate and premises partitioned and divided in four equal parts and one half part, one of said eighth parts to be assigned unto each of your orators and said one half part to be assigned to the defendant. 3. Wherefore, your orators pray that a decree of this Honorable Court may be entered appointing a commissioner or commissioners and directing said commissioner or commissioners to make partition of the said premises and estate so that your orators and the said defendant and their heirs and assigns may have, hold, and enjoy the said several parts thereof in severalty and that one full and equal eighth part of said premises and estate may be allotted and set off to each of your orators and one full half part of said premises and estate may be allotted and set off to the defendant to them respectively and to their respective heirs and assigns forever, or that this Honor- able Court will make such other order or decree in the matter aforesaid as shall seem meet and the circumstances of the case may require. (Add prayer for process.) WEST VIRGINIA " Form No. 224 BILL FOB PABTITION AMONQ HEIRS (Title and Commencement.) 1. W. C. W. departed this life on the day of September, 10 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 11 From bill in Wooldridge vs. Wooldridge, 69 W. Va. 554. The above form, although obtained from the practice of West Virginia, is available for use In general chancery practica BILLS FOE PARTITION OP REAL ESTATE 287 19. ., leaving surviving him as his sole heirs at law the following chil- dren: {naming them). 2. Said R. W. (one of the sons of W. C. W.) departed this life on the day of ■...., 19. ., intestate, leaving surviving him as his sole heirs at law the following children (naming them), all of whom are Infants under the age of 21 years. 3. Said W. C. W. departed this life intestate the owner in fee sim- ple of one-half undivided interest in a certain tract of land (etc.), which was conveyed to him and one J. W., jointly, by J. H. S. by deed dated (etc.). (Insert full description of the property.) i. Said J. W. has sold and conveyed to the defendant, T. F., all his interest in said land. 5. The complainants are each entitled to one twenty-second (1/22) interest in said land, said defendant infants (naming them) are each entitled to one one hundred and fifty-fourth (1/154) interest in said tract of land, and said T. F. is entitled to six tenths (6/10) interest in said tract of land. 6. The said real estate is, as your complainants believe, susceptible of partition among the parties hereto; but if it cannot be so divided when your complainants desire that the same may be sold and the proceeds divided among the adults and infant parties according to their respective rights; the shares of the infants to be held as directed by the statute in such case made and provided. Should the property not be divisible in kind, complainants believe and state that the inter- est of those who are entitled to said real estate or its proceeds, will be promoted by a sale of the whole of the same, or by an allotment of part and sale of the residue. Your complainants, therefore, pray that the said (naming defend- ants) may be made parties defendant to this bill and required to answer the same (but not on their oath, the oath being merely waived), the said adults in their proper person and the infants by guardian ad litem; that a proper guardian ad litem be appointed in this cause for said infants who shall also answer this bill; that proper process issue; that the said real estate be divided between the parties entitled thereto, or else that it be sold and the proceeds divided, in case it be indivisible in kind; that all proper orders and decrees may be made, accounts taken, and inquiries directed. (Add prayer for general relief.) CHAPTER Xin BILLS I'OR DISSOLUTION OF PARTNEESHIP AND ACCOUNTING DELAWARE ^ Form No. 225 BILL BY PABTNER FOR AN ACCOUNTING WITHOUT DISSOLUTION (Title and Commencement.) 1. Prior to the year 19. ., your orator had been profitably employed in the occupation of purchasing, killing and butchering cattle and other stock for the supply of the laborers employed on the line of the canal, the custom whereof he completely secured, and in the midst of this occupation, the defendant, P. R., of aforesaid, proposed to him the forming of a joint partnership in the said busi- ness and occupation, by which he represented the business must be conducted upon a large and more profitable scale, and your orator be retired from considerable inconvenience, to which proposition your orator, reposing full confidence in the enterprise and character of the said P. R., was Induced to accede. 2. Accordingly, in or about the month of September in the year 19 . . , your orator agreed with the said P. R. to enter with him as part- ners in the joint concern and business of buying and butchering cattle, sheep and other stock for sale upon the express terms, understanding and agreement that the said P. would manage and conduct the pur- chasing, butchering and sale of the said stock upon the joint account and risk of the partners and that the profits of the said concern should be divided equally between your orator and the said P., and of all which the said P. would from time to time render a just and true and full account to your orator, your orator ceasing himself from the said business of butchering and promoting the sale of the joint stock, as far as might be in his power, along the line of the canal. 3. Said partnership, occupation and business was accordingly en- tered upon by your orator and the said P. R., pursuant to the said agreement, terms and understanding, and the same has ever since continued and now continues. And your orator has in all things duly conformed to the agreements, terms and understandings aforesaid for the regulation of the said partnership. 4. The said P. R. has since the commencement of the said partner- ship managed and conducted the said business, and has been in the 1 The above form, although obtained from the practice of Delaware, is available for use in general chancery practice. 288 DISSOLUTION OP PARTNERSHIP 289 habit of purchasing large quantities of cattle, sheep and other stock and of butchering and selling the meats, hides, tallow and offal and of receiving sums of money and of drawing all bills and checks for and on account of the said joint concern, or partnership, but the said P. R. has either not duly and regularly entered all such transactions in the partnership books of account, or by other means has kept your orator in ignorance with regard thereto. 5. Not only has no just and true account of the said partnership and concern and dealings been made of and rendered by the said P. R. to your orator, but no part of the profits thereof have ever been accounted for and paid to your orator according to the aforesaid agree- ment between them. But although said business has been carried on to a considerable extent and large profits have been made and received by the said P. R. on account of the said joint concern and partnership, the same has been kept back by the said P. R. and no satisfactory account thereof made or paid to your orator. Your orator has repeat- edly solicited of the said P. R. an account of the said partnership, busi- ness and joint concern and requested accounts to be stated and exhibited to him and to be paid his share of the profits thereof, but no such exhibition has ever been rendered until recently, when the said P. R. caused to be made a partial statement of the transactions of the said concern, pretending that the said business had been a losing one and that so far from any profits having been made, that your orator was in fact in debt to the said P. R., whereas your orator charges and avers that considerable profits have been made and received by the said P. R. for and on account of said joint concern and partnership, and that such pretended account or statement so furnished by the said P. R. is altogether false and erroneous in many essential parts. Your orator further shows that the said account is particularly false and erroneous in failing to set forth the whole of the purchases, sales and transactions by the said P. R. on account of the said joint concern and partnership and also in not accounting for all the meat sold by the said P. and also failing to set forth and account for all the hides and tallow sold by the said P. on account of the said concern, amounting as your orator believes to some thousands of dollars more than is admitted by the said P. R. And the said account is false and erroneous in charging unreasonable and extravagant sums for the keeping and pasturage of the stock belonging to the said concern, and for the labor and superintendence of the persons in and about the stock and business of the said concern, and particularly for the services of the said P. R., twelve months and a half, at one hundred dollars per month. The said account does not purport to state an account of all the transactions of the said concern, but being general in its character and relating only to the transactions particularly prior to the month of October, 19. ., and furnished merely as a rough statement or exhibit liable to be corrected by either party, according to the real estate of the business, has not been accepted, but objected to by your orator and, therefore, your orator deems it unnecessary to specify more par- ticularly all the errors manifest therein. 6. Your orator has repeatedly made application to the said P. R. to obtain a full and perfect account of the said partnership, business and transactions from the said P. R. and also an account of the profits 290 EQUITY FORMS thereof and the payment to your orator of his just proportion and to come to an understanding for the conduct and management of the said partnership business in future for the joint and equal benefit of your orator and the said P. R. To the end, therefore: 1. (Prayer lor answer.) 2. That the said P. R. may upon his corporal oath set forth and discover a true statement of all the cattle, sheep and other stock bought and butchered by him since the said month of September, 19.., and of all the meat, hides and tallow and other articles by him sold since the said period on account of the said concern. 3. That an account may be taken and the said P. R. be decreed to make, render, ejthibit and come to a full, just, true and perfect account with your orator of all and every the said partnership dealings and transactions from the time of the commencement thereof aforesaid comprehending all the cattle, sheep and other stock bought, killed, or butchered, and of all the meat, hides, tallow and other articles sold; and may also be decreed to pay to your orator what, upon the taking, making, rendering and exhibiting such accounts, shall appear to be due to him. 4. That proper directions may be given for the conduct and man- agement of the said joint partnership business in future for the joint and equal benefit of your orator and the said P. R. (Add prayers for general relief and for process.) ILLINOIS ' Form No. 226 BILL FOR DISSOLUTION OF PARTNERSHIP AND ACCOUNTING (Title and Commencement.) 1. On the twelfth day of August, 19.., your orator entered into a written agreement for the formation of a copartnership with defend- ants, C. L. and W. W., for the purpose of developing certain mines, a copy of which agreement is annexed hereto and marked "Exhibit A;" and thereupon your orator and the defendants entered into and upon the performance of their duties in pursuance of the said partnership agreement; and your orator has faithfully performed all the duties devolving upon him, on account of the said agreement. 2. In accordance with the said agreement, your orator and the defendants caused the necessary steps to be taken to revive and reestablish the W. C. C, a corporation organized under the laws of Illinois, and to proceed with the work of development of the said mines, and to that end your orator expended large amounts of money, to-wit, the sum of ten thousand dollars in and about the said partner- ship business and devoted a large amount of time from thence hitherto in the discharge of his duties, and further to effectuate the said part- nership agreement. 3. The said partnership agreement provided that the private stock- holdings of the said W. W. should be and remain with A. W., at 2 Adapted from bill filed in Whalen v. Stephens, 193 111. 121. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. DISSOLUTION OF PARTNERSHIP 291 in the city of Chicago, county of Cook, and state of Illinois, said private stock-holdings referred to being the stock-holdings of the said defendant, W. W., in the W. C. C, which was to be so resuscitated. The sum of seventy-nine thousand shares thereof was the stock re- ferred to in the partnership contract liereinbefore mentioned, this being all the stock issued and outstanding of the said W. C. C. 4. Pursuant to the said copartnership agreement, your orator agreed with his said copartners regarding the voting of the said copartnership stock of the W. C. C. and a board of directors of the said company was duly elected, who qualified and are now serving as such. The next annual stock-holders' meeting for the election of directors will occur on 19. ., at 11 o'clock A. M. 5. Pursuant to the said copartnership agreement there was issued by the W. C. C. to W. W. and by him delivered to D. W., a certificate of stock of the said corporation No for 79,000 shares of the capital stock of the said corporation, and your orator avers that the certificate of stock so issued was partnership property, and assets of the said copartnership. Nevertheless the said W. W. now claims that the said stock is the individual stock of the said W. W., and not the stock of the said copartnership, and your orator avers that the said W. W. intends and threatens to vote all of the said stock as if it were his individual stock, at the next annual stock-holders' meeting of the said corporation, and to elect, as he would thereby be able, a board of directors who would be hostile to your orator and the said L., and that he, the said W., would entirely dispossess your orator and the said L. from any management or control of the said corporation, or any participation in its workings, or any benefits or profits resulting from or on account of their partnership holdings therein. 6. The said W. W. has stated and charged that the said copartner- ship would have no existence after the first of January instant, and your orator has been unable for many months last past to secure from the said W. W. any partnership account or settlement with relation to the partnership affairs of the said copartnership, and large sums of money, to-wit, the sum of ten thousand dollars of the partnership moneys have been disbursed and spent by the said W. W., or are now in the possession of the said W. W., concerning which your orator Is unable to obtain any account from the said W. W. 7. The said W. W. intends to and has threatened to go to the said A. W. and to obtain of and from him the said certificate and dispose of the same as if it were his own personal property, and thereby cause a great loss to your orator of all the benefit and advantage of his said ownership in and to said partnership property. 8. The said W. W., while a man of ability in many ways, is yet Ignorant and unfamiliar with the proper methods of transacting busi- ness, and is incompetent to properly control or manage the business of the said corporation; and unless the said W. is restrained by the order of this Honorable Court from carrying out his purpose and intention to forcibly vote the said shares of the stock of the said company as his own, and from obtaining the same from the said A. W., your orator will suffer irreparable loss; Forasmuch, therefore, as your orator is without adequate remedy in the premises except in a court of equity, and to the end: 292 EQUITY FORMS 1. That (.prayer for answer). 2. That an account may be taken of all and every the said copartner- ship dealings and transactions from the time of the commencement thereof, and also an account of the moneys received and paid by your orator and the defendants, W. W. and C. L., respectively in regard thereto, and that the said defendants, W. W. and C. L. may be decreed to pay to your orator what, if anything, should upon the taking of said accounts appear to be due to him, being willing and ready to repay, and hereby offering to repay to the defendants or either of them what, if anything, shall upon the taking of the said accounts appear to be due to them or either of them from him. 3. That the said copartnership may be dissolved and its assets distributed under the order of this Honorable Court. 4. That in the meantime the said W. W. may be restrained by the order and injunction of this Honorable Court from voting at any stockholders' meeting, until the further order of this Court, the said shares of the stock of the W. C. C, and that the said A. W. may be restrained by the order and injunction of this Honorable Court from surrendering to the said W. W. the said certificate of stock of the W. C. C. (Add prayers' for general relief, for process, and for injunction.) (Yerifieation.) MAINE 3 Form No. 227 (a) BILL FOR DISSOLUTION OF PARTNERSHIP WHERE IMPOS- SIBLE TO CONTINUE SUCCESSFULLY ( Title and Commencement. ) 1. On the first day of November, 19 . . , the plaintiff, J. S., entered into a copartnership with the defendant, A. J., by oral agreement for no definite time under the firm name and style of S. & J., to carry on the business of a retail grocery store in said p., under the terms of which agreement the plaintiff and defendant each furnished the sum of $2,000 as capital in said business and divided the profits equally. 2. The plaintiff and defendant have carried on said business as copartners up to the present time, but owing to recent losses by fire, failures and bad accounts, also to the closeness of competition, the business is now proving unprofitable and can no longer be carried on successfully, and a further continuation of said business would only result in great loss to the plaintiff and the creditors of the firm. 3. The plaintiff is therefore desirous that said partnership should be dissolved and its affairs settled, and has requested the defendant to consent to such dissolution, but the defendant has refused to give his consent or to sell his interest therein at any reasonable price or to purchase the plaintiff's interest. Wherefore, the plaintiff prays: 1. That the Court will decree a dissolution of said copartnership, and a final settlement of all its affairs. 3 The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. DISSOLUTION OP PARTNERSHIP 293 2. That the Court will order an account to be taken of the existing assets and liabilities of the iirm and all the partnership transactions and the balance due either partner from the other to be ascertained and settled, the plaintiff hereby offering to pay any balance which may be justly found due from him. 3. That a receiver may be appointed to collect and take possession of all the partnership assets, sell the same, apply the proceeds to the partnership debts and divide the balance, if any, between the plaintiff and defendant in accordance with their respective interests. (Add prayers for general relief and for process.) Form No. 228 (b) BILL FOR DISSOLUTION FOB MISCONDUCT OF PARTNER (.Title and Commencement.) 1. On the first day of July, 19 . . , the plaintiff, by written partner- ship articles of that date, by him signed, a copy of which marked "Exhibit A" is hereto annexed and made a part of this bill, formed a copartnership with the defendant under the firm name and style of F. H. B. & Co., to carry on a wholesale drug business in said city of P., by the terms of which partnership articles, the said partnership was to continue until dissolved by mutual consent or process of law; the plaintiff was to furnish the sum of $12,000 as the entire capital of said business and the defendant, the said P. H. B., was to contribute his special knowledge and skill in the drug business, and to give his entire time to the management of said business and to attend to the same diligently and faithfully, and the profits of said business were to be divided on the basis of one-third to the plaintiff and two-thirds to the defendant. 2. The plaintiff and defendant carried on said business successfully for a period of over three years and made large profits during that time, but during the winter of 19.., the defendant began to neglect his duties in said business, and during the two years last past has failed to give his entire time to said business or to attend to the same diligently and faithfully, but is absent from the business for weeks continuously and is engaged in speculations on the stock market a large portion of the time, contrary to the terms of said partnership articles, in consequence of which the said business is becoming un- profitable, and the firm is fast falling into an insolvent condition. 3. The defendant has further during the two years last past con- tracted confirmed habits of intoxication such as to unfit him totally to transact business of any kind the greater part of the time. 4. During the preceding two years the defendant has also drawn out much more than his proportion of the profits of the business, and has on several occasions misappropriated funds to his own use without accounting for the same, and during the last year the plaintiff has received no profits whatever from the business, and the defendant, though several times requested by the plaintiff, has refused to pay him his share of the profits, or to render him any account of the partnership affairs. Wherefore, the plaintiff prays: 294 EQUITY FORMS 1. That the Court will decree a dissolution of said copartnership and a final settlement of all its affairs. 2. That an account may be taken under the order and direction of the Court of the existing assets and liabilities of the firm and all the partnership transactions and the amounts drawn by each partner from the funds of the firm, and that the balance found due from the defendant may be ordered to be paid by him to the plaintiff. 3. That a receiver may be appointed to collect and take possession of all the partnership assets; convert the same into money by sale; apply the proceeds to the partnership debts and dispose of the balance, if any, in accordance with the rights of the parties. 4. That a temporary injunction may be granted, pending the settle- ment of the partnership affairs, restraining the defendant from further using the copartnership's name, or transacting any business in the name of the firm or in any way using, disposing of, or meddling with the partnership property or affairs. (Add prayers for general relief, for process, and for injunction.) (.Verification.) Form No. 229 (c) BILL SEEKING FASTNEBSHIP AC00T7NT AFTEB DISSOLU- TION BY MUTUAL CONSENT * (Title and Commencement.) 1. The plaintiff, O. W., and the defendants, A. D. W. and J. H. C, on the 12th day of August, 19 . . , entered into copartnership under the firm name of W., W. & C., as dealers in hardware, pliunbing goods and other articles and the said copartnership was carried on and continued until the 23rd day of February, 19. ., when the same was dissolved by mutual consent; the defendants thereafter, on or about the tenth day of March, 19 . . , entered into a copartnership at said Augusta, under the firm and style of W. & C, which said copartnership was carried on and continued until the fifth day of February, 19.., when the same was dissolved by mutual consent. 2. Since the dissolution of the copartnership of W., W. & C, no settlement of the copartnership accounts has ever been made between the plaintiff and the said defendants, although the plaintiff has repeat- edly applied to the said defendants to render him a final account and come to a final settlement with respect thereto. 3. The plaintiff has since the said dissolution paid the sum of about $500 in settlement of debts of said copartnership, and a large balance is now due from said defendants to the plaintiff in respect of their co- partnership dealings, but nevertheless the said defendants retained possession of the partnership books of account and have proceeded to collect in the said copartnership debts, and to apply the same to their own use and benefit. Wherefore, the plaintiff prays: 1. That an account may be taken of all the partnership dealings * Based on allegations of bill in Williamson v. Ward, found on the equity files of the Supreme Judicial Court in the county of Kennebec and sustained by single justice. See also Crooker v. Crooker, 4S Me. 250. DISSOLUTION OF PARTNERSHIP 295 and of all firm moneys collected by the defendants and debts paid by them since the dissolution of said partnership, and that the defendants may be ordered to pay over to the plaintiff the balance found due him upon such accounting. (Add prayers for general relief and for process.) MABYLAND ' Form No. 230 BILL FOB TH£ DISSOLUTION OF A PABTNEBSHIF, FOB A BE- OEIVEB, FOB AN OBDEB TO BBING MONEY INTO OOUBT, AND FOB AN INJUNCTION (Title a»d Commencement.) 1. On or about the day of , 19- •, your orator and the defendants, C. D. and B. F., of Baltimore city, by a deed of copart- nership of that date, duly executed by them, agreed to become partners for the purpose of carrying on a wholesale dry goods business in said city for a period of three years from the date thereof, under the name, style and firm of B., D. & Compapy, the said partners to be equally interested in the profits, and equally liable for the losses of said copartnership; and your orator files herewith, as part hereof, a copy of said deed of copartnership, marked "Exhibit A." 2. By the third section of said deed, it wis, among other things, provided that should, any of the partners use the partnership name in an improper or unlawful manner, or wilfully neglect or refuse to keep just and proper accounts of its business, the other or others of the partners, should be at liberty at once to dissolve said partnership, by giving to the partner or partners so offending a notice in writing declaring said partnership to be dissolved and determined. 3. Under and by virtue of said deed, your orator and the said C. D. and E. F. as partners have carried on the wholesale dry goods business in the city of Baltimore for the period of one year with a reasonable degree of success. 4. Your orator has recently discovered that the said C. D. and E. F. for sometime past, in violation of the provisions of the said deed, have applied much of the partnership property to their own private uses; and the said C. D. and E. F. have refused to account with your orator therefor, or to allow him to examine the books of account of said firm. 5. In pursuance of the provisions of said deed, your orator on the day of 19 . . , gave notice in writing to each the said C. D. and E. F., declaring that said partnership was dissolved and determined from and after date of said notice, and at the same time required that an account should be taken forthwith of the partner- ship business, and that the effects remaining on hand should be dis- posed of; with which proper requests the said C. D. and E. F. have refused to comply. 6. The said C. D. and E. F. have not only excluded your orator from all share in or control over the partnership affairs, and absolutely »The above form, although obtained from the practice of Mary- land, is available for use in general chancery practice. 296 EQUITY FORMS refused to permit him to inspect the books of account of the partner- ship, but are now engaged in sending parcels of partnership goods to auction, where they have been sold, and are now selling, at a great sacrifice; and are collecting debts due to said firm, and in many cases, where those debts are not yet due and payable, have compounded with the debtors by allowing them very great discounts for prompt payment thereof. 7. By reason of the premises, the partnership effects, which, if properly administered, would not only discharge all the partnership debts, but yield a large surplus for distribution amongst the partners, will be so far diminished as to become inadequate to the payment of the said debts, to the manifest injury of the creditors of said partner- ship, as well as of your orator. 8. Instead of applying the money which they have so received to the payment of the partnership debts, the said C. D. and E. F. have deposited the same in the Bank of Baltimore, to the credit of the partnership, but with the intent, as your orator believes, of remitting the same to St. Louis, in the state of Missouri, or some other place in the west, whither they design to abscond so soon as they shall have converted all the e'flects of the firm into money. 9. The money deposited by the said C. D. and E. F. as aforesaid, in the said bank, amounts in the aggregate to the sum of ?7,500, which, with the sum of $1,500, the balance to the credit of the firm on the aforesaid day of its dissolution, amounts to the sum of $9,000; the whole of which being received by the said bank as partnership money, and carried to the credit of the partnership on the books of the bank, and remaining at this time to the credit thereof, ought to be deemed and taken to be part of the assets of the partnership, and liable to the claims of the creditors thereof. To the end, therefore, (1) That a receiver may be appointed to tqke charge of all the partnership books and papers of account, goods and effects, and to collect the debts due thereto, and to preserve or dispose of the same under the direction of this Court. (2) That the said Bank of Baltimore may be required to bring into this Court, to be deposited to the credit of this cause, the aforesaid sum of $9,000, or such other sum of money as may be stand- ing on the books of the said bank to the credit of the said partnership. (3) That the said C. D. and E. F. may, by injunction, be restrained from selling or disposing of, or retaining from the receiver, any of the goods or effects of the said partnership, or collecting any debts due thereto, or negotiating any bill or note, or contracting any debt whatsoever on account thereof, or intermeddling In any other manner with the business thereof. (4) That the said partnership may be declared to be dissolved, and that an account of its business may be taken under the direction of this Court, and that its effects may be applied to the payment of its debts and liabilities and the residue thereof distributed amongst its partners. (Add prayers for general relief and for process.) DISSOLUTION OF PARTNERSHIP 297 MASSACHUSETTS « Fonn No. 231 BILL FOE DISSOLUTION AND ACCOUNTING (Title and Commencement.) 1. On or about the first day of July, A. D. 19.., the plaintiff and defendant entered into copartnership relations on an equal basis, and engaged in the business of dealing in felts under the firm name of the Felt Co., with an office at No Lincoln street, in said Boston. 2. On or about the first day of January, 19.., the plaintiff and defendant sold to A. F. C. their business together with all their assets, except accounts receivable and exclusive of about thirteen thousand dollars which was then in liquidation, a part of which has since been adjusted. 3. There has never been any settlement or adjustment of the copartnership accounts of the plaintiff and defendant, or any formal dissolution of their copartnership as the Felt Co. 4. The defendant since the sale of the partnership business to A. F. C. has always had possession of the books of the company and has had full charge in liquidating the same. 5. Upon information and belief the plaintiff alleges that the defend- ant has collected large sums on the partnership account but that he has neglected to account for the same, though repeatedly requested to do so, and still neglects and refuses to account or pay over to the plaintiff the sums which would be due him on such an accounting. The plaintiff prays: 1. That the defendant be required to render an account of all sums received by him in liquidating the Felt Co.; of the amounts paid by him and what has been done with the balance remaining in his hands. 2. That the defendant be required to immediately wind up the affairs of the company, dissolve the same in due form and pay over to the plaintiff the amount found due on said account. (Add prayer for general relief.) MICHIGAN 7 Form No. 232 BILL FOE INJUNCTION, EECEIVEE, ACCOUNTING Am} DISSOLUTION (Title. and Commencement.) 1. On or about the , . '. day of A. D. 19. ,, your orator and one J. B., of entered into an agreement to form a partner- ship for the purpose of conducting a (general mercantile) business which agreement * was reduced to writing and executed by your orator and the said J. B. and was in substance, tenor and effect as follows: 6 The above form, although obtained from the practice of Massa- chusetts, is available for use in general chancery practice. ^ The above form, although obtained from the practice of Michigan, is available for use in general chancery practice. 298 EQUITY FORMS (Set out the agreement verbatim), as in and by the said agreement, will when produced and proved, appear. (7/ the agreement was not reduce^ to writing, after the * instead of the balance of the paragraph proceed as follows:) was verbal and was in substance as follows: (State the agreement fully.) 2. The said copartnership business was thereupon commenced and entered upon at aforesaid, and has ever since that time con- tinued to be carried on by your orator and the said J. B. as partners, in pursuance of and under the said agreement, the said agreement not having been changed or modified in any manner. 3. Haying become dissatisfied with the conduct of the said J. B. in and about the management and performance of the said partnership business, and being for that reason desirous of a dissolution of the said partnership, your orator on or about the day of A. D. 19 . . , gave notice to the said J. B., that he elected and determined that the said partnership should be dissolved (if in writing, add) which notice was in writing signed by your orator and was in sub- stance, tenor and effect, as follows: (Set out notice verbatim), and was delivered to the said J. B. personally; as in and by the said notice, when produced and proved as this Court shall direct, and whereto reference Is prayed, will fully appear. 4. The said J. B. has always had the charge and management of the partnership books, and has from time to time since the commence- ment of the said partnership, received and taken and applied to his own use very large sums of money from the receipts and profits of the said business greatly exceeding the proportion thereof to which he was entitled, and in order to conceal the same the said J. B. has never balanced the said partnership books (or, has made false entries in said partnership books, or has failed to enter the receipt thereof on the said partnership books). 5. Your orator, having during the continuance of the said partner- ship business and about the day of A. D. 19. ., dis- covered that the said J. B. was greatly indebted to the said copartner- ship by reason of his application of the partnership funds and moneys to his own use, requested the said J. B. to pay all partnership moneys received by him to the bankers of the said firm, viz., the Bank, and that he would draw checks upon said bank for such sums as he had occasion to; yet the said J. B. has wholly disregarded such request and has continued to apply partnership money received by him to his own use without paying the same In to the said bankers, and has also taken to his own use money of the said copartnership received by the checks thereof, and has by such means greatly increased his indebted- ness to the said partnership without affording your orator any adequate means of ascertaining the true state of bis accouBte. 6. Tour orator has frequently, from time to time during the con- tinuance of the said partnership applied to the said J. B. and requested him to come to a full and fair account in respect to the said partner- ship transactions and as to the moneys of the partnership received by him, and your orator well hoped that the said J. B. would have complied with his said reasonable request, as in equity and good con- science he ought to have done. But so to do the said J. B. has hitherto refused and still does refuse, and the said J. B. pretends that he has DISSOLUTION OF PARTNERSHIP 299 not received or applied to his own use more than his due proportion of the partnership profits, whereas your orator charges the contrary to be true, and your orator charges that if the said J. B. would set forth a good and true account of all his receipts and disbursements in respect to the said partnership transactions and of the gains and profits which they made by the said partnership since the commencement thereof, it would appear that he, the said J. B., has received and appropriated to his own use a large sum, that is to say dollars, as nearly as your orator can now state the amount, over and above his share of such profits and that he, the said J. B., is indebted in that amount to the said partnership. 7. The said J. B. is now proceeding to collect the accounts and debts due and owing to the said partnership, and unless restrained by the order and injunction of this Honorable Court will continue so to do, and thereby the balance due from him will be greatly increased, to the great loss and injury of your orator; and the said J. B. is pecuniarily irresponsible, and should he continue to collect and receive such accounts and indebtedness your orator would suffer irremediable Injury. Wherefore, your orator prays: I. (Prayer for answer), and particularly that the said J. B. may set forth a full, true and correct account of all partnership moneys received by him. II. That the said partnership may be dissolved and that a receiver be appointed and an account taken by or under the direction of this Honorable Court of all and singular thereof, and of all the moneys received and disbursed by your orator and of the said defendant respectively In relation thereto. III. That the defendant may be decreed to pay to your orator what- ever sum of money shall be found to be due to him upon such account- ing, your orator being ready and willing and hereby offering to pay to the said defendant, whatever, if anything, shall be found to be due from him to the said defendant thereon. IV. That in the meantime during the pendency of the suit the said J. B. may be restrained by the order and injunction of this Court from collecting or receiving the moneys, accounts and debts due or owing to the said partnership or any part thereof. {Add prayer for general relief.) NEW HAMPSHIRE » Form No. 233 (a) PAETNEE'S BILI. FOE ACCOUNTING AND DISSOLUTION {Title and Commencement.) 1. In the year 19 . . , the plaintiff and defendant purchased all the wood and lumber standihg and growing on a certain farm situate in C. In said county formerly owned by or known as the farm of X., of which there was a large quantity, and In the year 19.., said parties purchased a large quantity of wood and lumber standing and growing 8 The above forms, although obtained from the practice of New Hampshire, are available for use in general chancery practice. 300 EQUITY FORMS on a certain farm situate in L. in said county known as the farm of Y.; and at the time of said first purchase they formed a partnership for the purpose of cutting oS, selling, manufacturing and disposing of wood and lumber; by the terms of said partnership each of said partners were to contribute equally toward said partnership funds and business, and the expenses thereto, and to share equally in the profits and losses incident thereto. 2. The plaintiff and defendant have as such partners cut off, sold and manufactured said wood and lumber so standing and growing on said farms as aforesaid; each of said partners has made payments toward the business done by them as aforesaid in cutting, selling, manufacturing and disposing of said wood and lumber, and they have each made contributions toward the partnership funds, and each have made collections ahd received money on account of debts due to and payments made to the partnership. 3. Said partnership ceased operating said lots, to-wit: In De- cember, 19 . . . 4. The money received by said defendant from the partnership busi- ness and the collections made by him on accoimt of and from the sums are greatly in excess of the sums so received by the plaintiff and his proper share thereof; the plaintiff has called upon said defendant for a settlement of said partnership business, and for an accounting of said money so received by him, and that he should pay over to the plaintiff his share of the money and proceeds of the partnership busi- ness which he has in his hands belonging to the plaintiff; but the said defendant wholly neglects and refuses so to do. Wherefore he prays that the business of said partnership may be settled; that the accounts between said partnership may be correctly stated; that any and all sums due to the plaintiff from said defendant as his partner shall be ordered to be paid to him; and that such orders and decrees shall be made in the premises as justice may require. Form No. 234 (b) PAETNBE'S BILL FOR DISSOLUTION OF PABTNERSHIP AND APPOINTMENT OF EECEIVEE (Title and Commencement.) 1. The plaintiff and defendant formed a partnership agreement under the firm name of X. & Company in April, 19. ., for the purpose of carrying on the business of grocers in said Concord, the said defend- ant contributing a stock of groceries worth about seven thousand dol- lars and the said plaintiff contributing the sum of one hundred dollars In cash for the capital of said firm. (Here insert partnership agree- ment.) 2. In March, 19 . . , said firm of X. & Company sold their stock of groceries and discontinued the business. 3. At the time said business was discontinued, said firm had assets amounting to ?15,750.67 and liabilities, including the amount due said plaintiff and defendant for capital contributed by each, and interest on defendant's capital, amounting to 113,768.75; of the amount of said liabilities ?5,080.36 was due to creditors of said firm, and the plaintiff has no knowledge whether the whole or any portion of said Indebted- ness has been paid. DISSOLUTION OF PARTNERSHIP 301 4. At the time of the discontinuance of said business said defend- ant took possession of the books and property of said firm, and they ever since have been and still are in his control and possession. 5. The plaintiff has never received any portion of the amount due him from said firm except the one hundred dollars that he contributed as capital as aforesaid, and a small portion of the amount due him as net profits on the business of said first year. He avers that there is due him as his share of net profits upon the final settlement of the affairs of said partnership the sum of one thousand dollars. Wherefore he prays for a receiver; and that said partnership by a decree of said Court may be closed and wound up, the debts due to the same collected, the debts due from the same paid, its assets converted into money and any surplus thereof distributed to the persons entitled to the same; and for such other relief as may be just. Form No. 235 (c) CREDITOR'S BILL FOE DISSOLUTION OF PARTNERSHIP AND ACCOUNTING ( Title and Commencement. ) 1. On October 16, 19.., the plaintiff, A. B., by the consideration of the Court holden at , recovered judgment against defendant, C. D., for $108.20 damages, and $14.82 costs; a writ of exe- cution was duly taken out on October 19, 19 . . , and was returned to said Court on November 2, 19 . . , in no part satisfied. 2. Although said plaintiff has demanded the payment of said sum, neither said sum, nor any part thereof, has been paid; the plaintiff has no security for the aforesaid debt, except as hereinafter stated. 3. The said defendant is now engaged in buying and selling fruit, cigars and other articles, in said Concord, under the name and style of the Concord Fruit Market, also as C. D., also as E. F., and also as C. D. and E. F.; and the plaintiff is informed and believes that the said C. D. is a partner in said concern and that the assets of said firm are more than suflScient to pay all existing debts of said firm. 4. On the 11th day of November, 19 . . , the plaintiff caused to be issued against said defendant, C. D., a writ and caused an attachment to be made thereunder, of the said defendant, C. D.'s, undivided inter- est in the aforesaid partnership property, causing the said E. F. to be joined as a trustee in said action, and further causing due notice to be given to said E. F. of the pendency of said action, and the attachment in connection therewith; and the plaintiff is informed and believes that the only security which the plaintiff has, or can obtain, in connection •with the aforesaid claim against the defendant, C. D., is the aforesaid attachment upon defendant's undivided interest in said fruit business, the said defendant, C. D., being, the plaintiff is informed and believes, otherwise irresponsible and unable to pay any judgment that may be recovered against him. Wherefore the plaintiff prays for a receiver for said partnership; that said partnership by a decree of said Court may be closed and wound up, the accounts due the same collected, the debts of the same paid, its assets converted into money, and any surplus thereof ascer- 302 EQUITY FORMS tained and applied to the payment of the plaintifE's claim; and for such other, further, or different relief as to the Court may seem just. NEW JERSEY 9 Form No. 236 BILL FOR INJUNCTION, EBCEIVEB, ACOOUNTINO AND DISSOLUTION {Title and Commencement.) 1. On or about the day of , A. D. 19. ., your orator agreed with one C. D. of , a manufacturer of braided trim- mings, the defendant hereinafter named, to become a partner with him in his said trade and business, and thereupon a certain indenture, bear- ing date on the same day and year last aforesaid was made and exe- cuted by and between your orator and the said C. D., in the words and figures following, that is to say (here set Jorth articles of agreement,) as in and by said articles of agreement will appear, and to which said articles of agreement your orator for greater certainty begs leave to refer. 2. Said partnership trade and business was actually entered into and carried out by the said A. B. and C. D. pursuant to the said inden- ture, and the same has ever since and now continues and your orator has paid into the said common fund of said copartnership the sum of dollars in money and has also from time to time in all things duly conformed to the said articles of agreement on his part. 3. The said C. D. previous to the making of said indenture and articles of agreement, was and for a considerable space of time previous thereto, had been engaged in the same trade and business and had a practical knowledge of the secrets of said trade, business and manu- facture, whereas your orator has no knowledge respecting the same, excepting what he has since the making of said indenture acquired and that the said C. D. previous to the making of said articles of agree- ment, was fully aware of your orator's total ignorance of and concern- ing said trade and business and of the manufacture thus to be carried on under the terms and conditions of said indenture, and did state that he desired your orator to invest his money and means in said business and to give his time to the conduct of the mercantile part of said business to enable them as partners to increase the facilities of said business and extend and enlarge the same and thereby secure a large return to both of the parties to said indenture, and that the said statements thus made to your orator by the said C. D., your orator relied upon as being made to him in good faith by the said C. D., and by means thereof your orator was induced to make and enter into said Indenture and into said copartnership. 4. Shortly after the making of said indenture, and after your orator had paid into and contributed the said sum of dollars towards the said copartnership funds, the said C. D. suggested to your orator the expediency of purchasing additional machinery, which was con- 9 Adapted from bill in Sutro v. Wagner, 23 N. J. E. 388. The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. DISSOLUTION OF PARTNERSHIP 303 sented to by your orator, and said C. D. proceeded to Europe and there purchased the same. It arrived but said C. D. neglected and refused to set up and operate said machinery; that same is intricate and deli- cate, and because of non-use, is becoming day by day of less value and going to destruction. Your orator has requested said C. D. to use his energies for their joint interest, but he refuses so to do. 5. Said C. D. has made large purchases of silks and other materials used in the manufacture by them of braided goods, etc., upon the credit of said copartnership, and manufactured large quantities of such goods and received the proceeds without rendering any statement to your orator, who has expressed his dissatisfaction and demanded him to act openly and fairly in all their said business transactions, and to render to your orator a statement thereof; but the said C. D. has never rendered to your orator such statement, and your orator has only received evasive answers from the said C. D. to all his requests for information in regard to said business. 6. Said C. D. has received large sums of money on account of the partnership and drawn checks against said partnership account, but the said C. D. has made no regular entries in the partnership books of such moneys received and drawn, and the said C. D. has given firm notes for his own personal indebtedness. 7. Said C. D. has carried on the business as suited his own pleasure, and the books of said partnership are in a very sad and bad condition, and kept by said C. D. in such a manner as to create great confusion and C. D. will not allow a skilled bookkeeper to manage same, 8. Said C. D. has conveyed all the real estate owned by him to his son, E. F. 9. Said C. D. is seeking to obtain all the moneys and credits due said copartnership for his own use and said C. D. plans and proposes to close out said copartnership business and further proposes that in winding up the said partnership, your orator shall receive the sum of dollars in full for his entire interest In said firm. To the end, therefore: 1. {Prayer for answer.) 2. That said copartnership may be declared void and at an end, and that an account may be taken of all and every of said partnership deal- ings and transactions from the time of the commencement thereof, and also an account of the moneys received and paid by the said complain- ant and defendant respectively, and that the said defendant inay be decreed to pay to the complainant what, if anything, upon the taking of the said account may appear to be due the complainant, who hereby tenders himself ready to pay to said defendant what. If anything, there shall appear, upon the taking of said account, to be due from him to the said C. D. 3. That a temporary injunction may issue, restraining the said C. D. from interfering with said copartnership property and business, and from selling or disposing of any of the partnership goods, machinery, chattels, etc., held by said copartnership, and also, from collecting or receiving any of the partnership debts or other moneys, and from en- dorsing, accepting or in any wise transferring or assigning any negoti- able instruments or money due said copartnership, and from making, drawing or endorsing any bill of exchange, and from in any wise alter- 304 EQUITY FORMS ing or changing any of the stock in trade, goods, chattels or machinery, held by said copartnership and also from purchasing any goods in the name of said copartnership, and from incurring any debt or debts, liability or liabilities in the name of said copartnership. 4. That a receiver may be appointed to collect and receive all the property of said copartnership, and close up said business, and that your orator may receive so much of the net surplus after satisfying and paying all just claims and demands against said partnership as may be according to equity and good conscience. (Add prayers for general relief, for process, and for injunction.) {Verification.) PENNSYLVANIA " Form No. 237 BILL FOR INJUNCTION, RECEIVER, ACCOUNTING AND DISSOLUTION (Title and Commencement.) 1. On or about the day of , A. D. 19. ., the defend- ant, Q., proposed to your orator that they should enter into partnership for the term of , for the purpose of (state purposes), in said city, and in consequence of said proposal a partnership was formed between the said Q. and your orator on the day of 19 . . , for said purposes, in said city. Said partnership was to continue one year from said date, each party agreeing to contribute $ and each bound himself to devote his time and skill to said business and to enter into no other business during said term. The terms of said copartnership were reduced to writing. A copy thereof is hereto annexed marked Exhibit A and jnade part hereof. 2. Your orator did contribute his sum of $ the said busi- ness was established, and your orator devoted thereto his time and skill with fidelity. 3. The said Q., in disregard of his said agreement with your orator did not contribute | , or any other sum whatever to said busi- ness and the said Q. has so mismanaged himself and said business as to involve its affairs in loss. The said Q. has sold merchandise to per- sons whom he knew to be irresponsible; he has taken cash from the drawer to the amount of ? , which he had no right to take; he has appropriated said cash to his private purposes, and has wholly omitted to have himself charged with any part thereof; and the said Q. is not devoting his whole time to said business. He has refused your orator access to the books and accounts and has made false entries therein to cover up his mismanagement. 4. The said defendant is indebted to your orator for a balance due. 5. The said defendant is financially irresponsible, and unless the said partnership is dissolved, further and greater losses will be in- flicted upon your orator and the said business by the acts of the de- fendant, to the great and irreparable loss of your orator. Wherefore your orator needs equitable relief and prays: 10 The above form, although obtained from the practice of Pennsyl- vania, is available for use in general chancery practice. DISSOLUTION OF PARTNEESHIP 305 First. That a dissolution of said partnersliip be decreed. Second. Tliat tlie defendant, pending this bill, specially and on final hearing, be perpetually restrained from buying, selling or collect- ing for said firm, from taking of its goods or cash, from purchasing in the firm name, and from interfering in any manner with said firm, or its business or property. Third. That an account be stated of all and singular the partner- ship transactions and dealings, and that the defendant be decreed to pay to your orator what shall upon such accounting appear to be due to your orator from the defendant. Fourth. That a receiver be appointed to take charge of said firm and its books, property and business. (Add prayer for general relief.) (Verification.) RHODE ISLAND ^^ Form No. 238 BILL FOR INJUNCTION, RECEIVER, ACCOUNTING AND DISSOLUTION ( Title and Commencement. ) 1. Your orator on or about the day of 19 . . , en- tered into a partnership with the defendant for the purpose of carry- ing on the business of printing. 2. Said agreement was a verbal agreement and to the best knowl- edge and belief of your orator was of the following purport and effect: Your orator and the defendant were to carry on the above named busi- ness under the firm name of G. F. C. & Co., in the building numbered Weybosset Street in said Providence. 3. Said business is still and, since the aforenamed day of 19 . . , always has been carried on in said place and manner named. Said partnership agreement did not and does not provide for any definite termination of said copartnership,— either as to the time or as to the manner of termination. Said complainant being desirous of terminating and dissolving said copartnership, has often made known to the defendant his said desire and requested said defendant to make with him an amicable and equitable adjustment of the affairs of said copartnership, but the said defendant has hitherto unjustly and inequitably refused to comply with said complainant's reasonable request. 4. Wherefore your complainant prays: First. That said partnership may be decreed to be dissolved. Second. That an account may be taken of all the said partnership dealings and transactions between the said complainant and defendant and what shall appear to be due from defendant may be decreed to be paid by him. Third. That a proper person may be appointed to receive, collect and get in all the outstanding debts, and moneys due to or on account 11 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 306 EQUITY FORMS of the said partnership business, and also to take possession of all the effects and property of or belonging to the said partnership. Fourth. That defendant may be ordered to deliver up to such per- son all the effects and property of or belonging to the said partnership in his possession or power and also all books of account, accounts, receipts, vouchers and papers of or belonging to the said partnership; and that the defendant may be restrained by the order and injunction of this Court from demanding, receiving or obtaining possession of any debts, moneys or property due to or belonging to said partnership; and also from in any manner intermeddling with the books, papers, bills, or the accounts of said partnership, and that the said effects and property of or belonging to the said partnership may be sold and con- verted into money by and under the direction of this Court. (Add prayers for general relief and for process.) (Verification.) VERMONT 12 Porm No. 239 BILL FOR INJUNCTION, RECEIVER, ACCOUNTING AND DISSOLUTION (Title and Commencement.) 1. On the first day of April, 19.., your orator was engaged in the business of manufacturing and repairing carriages and similar work in S. He owned a building and lot of land, in which said business was carried on, in said S., and he owned a large amount of materials and work under way, suitable for the business aforesaid. 2. On the said first day of April, 19 . . , he entered into a partnership with the defendant. Before he entered into said partnership, he bar- gained and sold to the defendant a one-half interest in said business and property, including real estate, except that the said defendant was to have no part or interest in the accounts which had accrued to the orator in the prosecution of the business. 3. The value of the personal property was determined by an invoice which was made by the orator and defendant, said defendant acting as scribe in the taking thereof; and the real estate was appraised by E. F. and G. H. The invoice and appraisal aforesaid were to be the basis of the value upon which the said C. D. bought into the orator's said business. 4. Said real estate was appraised by said E. F. and G. H. at about 13,900. The invoice of personal property which was made at cost, as nearly as can be ascertained, showed an amount equal to $3,700 or $2,800. By the terms of the sale of the one-half interest In said prop- erty, the defendant was to pay the orator in cash for the one-half inter- est so purchased by him. 6. After the taking of said Invoice, which was taken upon certain sheets of paper by the defendant. It was never examined by the orator, nor footed up by him. The defendant informed the orator that the said personal property amounted to the sum of $2,700 -or $2,800. 12 The above form, although obtained from the practice of Vermont, is available for use in general chancery practice. DISSOLUTION OP PARTNERSHIP 307 6. On the said first day of April, 19 . . , certain articles of copartner- ship were executed in duplicate between the parties in the words and figures and to the effect following: (Here insert copy of the articles.) 7. The orator was then engaged in carrying on the business and the season was a busy one, and before any payments were made, the defendant entered into the possession of said real estate and personal property with the orator, and commenced the transaction of business. Within a short time, the defendant paid the orator $1,000, and within some short time upon being pressed by the orator for the balance for said one-half interest, the defendant procured, in some manner, un- known to the orator, the sum of |900 and placed it to the credit of the partnership account in one of the banks in S., where said partnership was then transacting its banking business and keeping its deposits. No further payment was made by the defendant on the purchase price of his one-half interest in said property, and the defendant still owes the orator the balance of said purchase price, $1,300. 8. Several months later upon the application of the defendant, the plaintiff executed and deeded to the defendant a one-half interest in said real estate. 9. From said first day of April down to about the first of Septem- ber, 19 . . , the orator continued operating with the defendant in the management and in carrying on the said partnership business. On or about the first day of September, 19 . . , the orator fell sick and was unable to give any attention personally to said business and has not from thence hitherto been able to give any attention to said business nor to assist in the management thereof. Since the orator fell sick, the defendant has had the exclusive management of said partnership business; and the orator has never drawn but a very small sum from said partnership. 10. The defendant has withdrawn large sums of money from said partnership on his own private account and the defendant has not kept an accurate account of the business and transactions of said partner- ship, so that it is impossible to tell from the books alone what the true standing of the said partnership accounts and transactions is. 11. Since the period of his illness the defendant has involved the said partnership in large expenditures and indebtedness, so that the partnership is now owing nearly $2,000 and is without ready means to pay the same, is financially embarrassed and threatened with suits by reason of the withdrawal of funds of said partnership by the defendant. The defendant now claims that the interest of the orator which was worth about $3,400 on the first day of April, 19 . . , and on the first of September, 19. ., is not now worth more than $400, and the defendant has lately applied to and attempted to induce the orator to sell his entire interest in said partnership business for said sum. 12. The defendant, since the orator's illness, has destroyed the original invoice sheets of said partnership property, which was made at the time of the sale, and claims that they are not now in existence, and the said defendant has a pretended copy of said original invoice sheets, which does not represent the full amount of said property and which has been changed by the defendant, so that it shows an entirely different and smaller sum from what it showed when it was made. Whltehouse E. P. Vol. Ill— 18 308 i^QUITY FORMS 13. The books which the orator used in said business before enter- ing into said partnership contained many sums due him for work, which he had performed and the said books, during all the time since said partnership was formed, have been kept at the partnership place of business, and, during all that time, the said defendant has collected large sums of money on said books and has not accounted to the -orator for the same, and now holds the same in his possession, although the same has been demanded of him by the orator. 14. The defendant has no attachable property outside of said company. 15. The defendant has so conducted the said business as to drive away its customers and reduce the value of said business and the orator is satisfied that this has been done and is being done by the defendant for the purpose and object of destroying the selling value of said property, so that the orator may be squeezed out' of the business and the defendant may procure for himself the sole ownership of said property and business without making any just remuneration therefor to the orator. There is now due the partnership considerable sums of money for labor, business, and materials furnished by said partner- ship, and it is the intention of said defendant to collect all the said partnership accounts, so far as possible, and appropriate the same to his own use, and leave the partnership debts unpaid, and to keep the proceeds of said accounts now due the partnership from coming to the hands or into the possession of the orator, and from being used in the payment of the partnership debts. 16. The orator has given said defendant notice that said partnership is dissolved. The orator humbly prays: 1. That the defendant come to an account of the partnership deal- ings and transactions from the commencement thereof, and that the true sum due from the defendant to the orator on account of the pur- chase of said property to be ascertained and stated, and that the true sum collected by the defendant from the orator's books.be ascertained, and that the Court may, by its decrees, order the defendant to pay to the plaintiff what, upon the taking of said account, shall be due him. 2. That the said defendant be restrained by the injunction of this Honorable Court from receiving and collecting the partnership debts and moneys due or to grow due. 3. That some proper person be appointed by this Honorable Court to receive and collect the same and to receive and take charge of the books of account and the personal property of said partnership, which the orator says is of substantially the same amount now as it was when the interest therein was sold to the defendant. 4. That proper directions be given by this Honorable Court for the conduct and management and sale of said partnership business, so that the proceeds may be used for the payment in full of the partnership debts and liabilities and the balance be decreed to such of the parties as it shall be determined they equitably belong. 5. And that the affairs of said partnership may be wound up and ended. (Add prayer for process.) {Terifloation.) DISSOLUTION OF PARTNERSHIP 309 WEST VIRGINIA i^ Foim No. 240 BILL FOE INJUNCTION, REOEIVEE, AOOOUNTING AND DISSOLUTION {Title and Commencement.) 1. On the first day of March, 19.., one J. M. and wife executed to A. C. M. a certain oil and gas lease, whereby said lessors leased to said M. a certain tract of land (description of property and abstract of lease). 2. On the day of , 19. ., said M. assigned to your orators an undivided one-half interest in said lease and leasehold which assignment is recorded (etc.). (Describe other assignments of interests in said lease.) 3. By virtue, of said assignments, complainants are the owners and present holders of the seven-eighths of the working interest in said lease so originally leased by said J. M. and wife to said M.; and the remaining one-eighth working interest is owned by the defendant, S. B. There is also appurtenant to said leasehold, a water line in which the plaintiffs own seven-eighths and the said B. is in like manner the owner of one-eighth interest. 4. During the year 19 . . , the complainants and defendant entered upon said leasehold and began operations for the production of oil and gas, and from that time forward oil and gas were produced in paying quantities, and the conduct of the business progressed to the satisfac- tion of all parties until about the day of , 19 . . , each party receiving his share of the oil produced therefrom; and all ac- counts relating to the mining partnership between the complainants and the defendant, S. B., were adjusted and settled up until that time. 5. From about the said day of 19 . . , the defend- ant, S. B., has persistently and continuously failed and refused to pay his share of the operating expenses on said leasehold, although he has continuously received his full share of the oil produced therefrom; and your orators have during said period operated said tract of land con- tinuously and vigorously at their own expense, and have paid all bills for operating said tract of land out of their own funds, for which said B. has not reimbursed them. 6. Your orators exhibit herewith as "Exhibit A," which they pray may be taken and read as part of this bill of complaint, a statement of the expense account for operating said tract of land for the common benefit of themselves and the said S. B. between said dates, which they aver to be a just, true, accurate and honest statement of the expense account. 7. In the beginning of the operations upon said leasehold, said S. B. assisted in making the locations of some of the wells drilled thereon, but from about the day of , 19. ., to the present time, without any reason or legal excuse, your orators have not been able to obtain any assistance from the said S. B. in the way of operating said 13 Adapted from bill In Bartlett vs. Boyles, 66 W. Va. 327. The above form, although obtained from the practice of West Vir- ginia, is available for use in general chancery practice. 310 EQUITY FORMS leasehold, nor have they been able to get said B. to make any kind of a settlement since that time; and the said B. is violent and abusive in his personal relations with them and each of them; and although they have persistently asked said B. to pay his share of the operating ex- penses, he leaves his share of the bills unpaid, and makes no effort to relieve your orators, or either one of them in this respect; and because of the unsatisfactory conditions of the business and the disagreements with the said B., and his dissensions and the dissatisfactions between the said mining partners, the business of the said mining partnership was in a suffering condition until your orators relieved it by the use of their own money, and the only method of continuing the said busi- ness was for them to pay the running expenses and continue the pro- duction of the oil and gas. 8. Said B. has persistently, and for a long time, sought opportunity and acquired means of annoying, harassing and obstructing your orators in any and all of their oil operations in the said county of in which he could ppssibly acquire an interest; the said B. is a disagreeable, annoying and vexatious partner, and although your orators have endeavored at all times to get along with him, it is impossible to please him, and he seeks the slightest opportunity to repudiate his obligations and debts justly owing to the said mining partnership. 9. As a matter of convenience, the operations upon the said lease- hold in which your orators and the said B. constitute a mining co- partnership, were conducted under the name of the R. R. O. Co.; and said S. B. has never denied said partnership. 10. By reason of the conduct of said B. in refusing to participate in the payment of the debts and running expenses of the mining copart- nership, he has become indebted to your orators in a large sum of money, to-wit, the sum of | Your orators pray that the said S. B. may be made a party defend- ant to this bill of complaint, and for process for him; that this cause may be committed to a commissioner, who shall take and state an account of the partnership transactions between your orators and the said S. B.; that they may have an accoimting with the said S. B., and a decree against him for the amount of the said bills owing by him on account of the expenses of said developments; that upon the final hear- ing of this cause said S. B. may be required to pay such amounts due your orators; that the mining partnership existing between the com- plainants and the defendant, S. B., may be fully dissolved; that said leasehold, with all its appurtenances, may be sold, and the proceeds thereof be distributed between the plaintiffs and the defendant accord- ing to their rights; that a receiver impartial between the parties may be appointed with a view to a dissolution and winding up of said busi- ness; and they further pray for such other relief, both general and 8i>ecial, as the nature of their case may require, and as to equity roay seem meet, and so will they ever pray. CHAPTER XIV BILLS TO ENJOIN ACTIONS AT LAW OR TO EE- STEAIN THE ENFORCEMENT OF JUDGMENTS DELAWARE i Form No. 241 BILL TO BESTBAIN ENFORCEMENT OF SCIRE FACIAS (Title and Commencement.) 1. Your complainant is the widow of P. C, deceased. During the lifetime of the said P. C., your complainant and her said husband made, executed and delivered to J. S., lately of , a certain mortgage bearing date the day of 19 . . , a copy of which is hereto annexed, marked "Exhibit A," which your complainant prays may be taken as a part of this bill of complaint, and which now re- mains of record in (etc.), to secure the payment to the said J. S. of the real debt of |1,000, with interest thereon at the rate of six per centum per annum, payable annually, and by said mortgage pledged as the security for said debt the lands and premises described in said "Exhibit A." The said indebtedness of the said complainant and her husband to the said J. S. was evidenced by a certain obligation in writ- ing obligatory under their hands and seals, bearing even date with said mortgage, and is fully recited in said mortgage as shown by "Exhibit A" as aforesaid, to which reference is hereby teade for further certainty. The said lands mentioned in said mortgage and so pledged as aforesaid were and are the property of your complainant 2. J. S. departed this life in or about the year 19. ., and letters of administration were duly granted by the Register of Wills, in and for Kent county, on or about the day of , A. D. 19. ., to the said C. D. S. and M. J. S., parties defendant in this bill of com- plaint, who have accepted the administration of the estate of the said J. S. and have duly qualified by giving bond with surety therefor. 3. At the February term, A. D. 19.., of the Superior Court of the state of Delaware, in and for Kent county, the said C. D. S. and M. J. S., administrators of J. S., deceased. Instituted a suit for the fore- closure of said mortgage against the said M. A. C, who bath survived her husband, P. C, mortgagors, the same being No , to said February term, A. D. 19. ., and annexed hereto, marked "Exhibit B" is a true copy of the writ of scire faciaa Issued In said cause, which your complainant prays may be taken as a part of this her bill of complaint. 4. Your complainant duly paid the interest upon said indebtedness to said J. S., secured by the bond and mortgage as aforesaid, down to 1 The above form, although obtained from the practice of Delaware, is available for use in general chancery practice, 311 312 EQUITY FORMS the first day of January, A. D. 1890, and upon the tenth day of Novem- ber, A. D. 1890, commenced a series of payments on account of the principal and interest of said debt; your complainant continued said payments on account of said principal and interest, as she verily be- lieved, at intervals through the succeeding years until 1907, her last such payment being on the eighth day of July, A. D. 1907. Annexed hereto, marked "Exhibit C," is a true statement of the dates, amounts and manner or medium of her said payments to the said J. S., which your complainant prays may be taken as a part of this her bill of com- plainant. Your complainant avers that the payment of July 15th, A. D. 1901, completely and fully paid and discharged the said debt and interest so secured by said bond and mortgage and left an overplus above the debt and all accrued interest thereon to said date of $65.41, but nevertheless your complainant, in ignorance of the fact that she had fully paid and discharged the debt secured by said mortgage, continued her payments, as shown upon said "Exhibit C," until said overpayments above and beyond the entire debt and interest secured by said mortgage together with interest thereon to the fifteenth day of April, A. D. 1912, amounted to the sum of 1686.40. 5. Your complainant is an ignorant woman, unlearned in arithmet- ical calculations, or the reckoning of interest, and continued her said payments beyond the time when the said debt and all accrued interest had been discharged in full as aforesaid, in ignorance of the fact that said debt and all accrued interest had been fully discharged as afore- said; and the said J. S., by his fraud, deceit or mistake, received her said overplus payments without advising her that she had discharged the said debt and interest, and exacted such additional payments from her from time to time as shown by said "Exhibit C," until the date of said last payment shown upon said exhibit. The said J. S., after the date of said last payment shown upon said "Exhibit C," ceased to exact any further payments from her on account of said debt and interest, and your complainant then declined and refused to make any further pay- ments. The said J. S. only gave to your complainant one receipt, which covered the first item of payments shown by said "Exhibit C," being the interest in full down to the first day of January, 1890; upon the making of the subsequent payments on account of the debt and interest of said mortgage shown upon said "Exhibit C," your com- plainant from time to time requested the said J. S. to give her due and proper receipts, bnt the said J. S. uniformly declined and refused to give to your complainant any acknowledgment In writing of said payments. Your complainant from time to time, and on or about the dates of her said payments as shown by "Exhibit C," kept a memoran- dum of each of said payments, showing the date, amount and medium of payment, which said memorandum she now has in her possession and which, in fact and in truth, exactly state the dates, amounts and medium of her said payments. 6. The institution and maintenance of said suit upon scire facias for the foreclosure of said mortgage is unconscionable, oppressive and contrary to good morals, by reason of the premises; and in fact your complainant owes nothing whatsoever, either debt or interest, to the said J. S. By the receipt of said overpayments, the said J. S. in his lifetime became subject to a trust to repay the same to your com- BILLS TO ENJOIN ACTIONS AT LAW 313 plainant upon her demand. Your complainant was ignorant of the amount of her said payments, and the same exceeded the debt and interest secured by said mortgage until the bringing of the said suit upon scire facias for the foreclosure of her said mortgage and until upon her consultation for the defense of her said suit she submitted the memoranda of her said payments to her counsel for the purpose of ascertaining whether or not she in fact owed anything on account of the debt secured by said bond and mortgage. 7. Under the rules of law regulating the trial and proof in said action of scire facias, your complainant is unable, as she is advised and avers, to show the truth and the facts of her payments as aforesaid on account of said debt and interest secured by said mortgage in said suit for foreclosure. Your complainant is informed, believes and thereon avers, that among the books and papers of the said J. S., deceased, there remains evidence of the facts of her said payments, which said books and papers are or should be in the custody and control of the defendants in this cause. She is advised, believes and thereon avers, that she is entitled to the discovery by and from said defendants of any evidence, whether of memoranda, books, or papers, of said decedent, which would show the payments made by her as aforesaid on account of the said debt and interest. Your complainant, therefore, prays as follows: First. (.Prayer for answer and discovery.) Second. That this Honorable Court shall adjudge and determine the amount of the indebtedness of the said J. S. during his lifetime and of his estate since his decease, due said complainant for and on account of said overpayments above and beyond the debt and interest secured by the mortgage mentioned in said bill of complaint, and upon such ascertainment of said indebtedness shall adjudge and declare that the said J. S., in his lifetime, and the said defendants, as his administra- tors, were and are trustees for your complainant for the amount of said indebtedness; and that this Honorable Court shall order and adjudge that said defendants shall at such times and manner as this Court may determine, repay to your complainant the amount of said indebtedness of said estate to your complainant so determined as afore- said. Third. That this Honorable Court may grant to your complainant a writ of injunction issuing out of and in accordance with the rules and practice of this Honorable Court, to be directed to the said C. D. S. and M. J. S., administrators of J. S., deceased, to restrain them and each of them, their servants, employees, agents and solicitors, from proceeding in the said suit in scire facias for the foreclosure of the mortgage mentioned in said bill of complaint and from enforcing, or attempting to enforce, by suit or in any other manner, the payment of the debt and interest, or any part thereof, originally secured by said mortgage. Fourth. That this Honorable Court may grant to your complainant a writ of preliminary injunction pendente lite issuing out of and in accordance with the rules and practice of this Honorable Court, to be directed to the said C. D. S. and M. J. S., administrators of J. S., de- ceased, to restrain them and each of them, their servants, employees, agents and solicitors, from proceeding in the said suit in scire facias 314 EQUITY FORMS for the foreclosure of the mortgage mentioned in said bill of complaint, and from enforcing, or attempting to enforce, by suit or in any other manner, the payment of the debt and interest, or any part thereof, originally secured by said mortgage, until the further order of this Court; and that this Court may also issue a restraining order to said defendants of the same purport and effect until an application for such preliminary injunction can be heard. {Add prayer for process.) (Verification.) FLORIDA ^ Form No. 242 BILL TO ENJOIN THE ENTEBINO OF JXTDGMENT AFTER VEB- DICT AND TO ESTABLISH AN EQUITABLE SET-OFF (Title and Commencement.) 1. Heretofore, to-wit, on the day of A, D. 19 . . , your orator recovered a judgment against the defendants, H. B. P. and W. P., as partners doing business under the firm name and style of the T. L. Co., in the County Court of county, Florida, for and in the sum of dollars as damages, and dollars as costs; a transcript of which judgment was filed and duly recorded in the county of and state of Florida on the day of A. D. 19 . . , in foreign judgment book , at page ; and a transcript of the said judgment is hereto attached and made a part hereof as "Exhibit A" hereto as if said judgment was set forth herein in haec verta. 2. Your orator has made diligent effort to collect the said judgment, but has been unable to discover any property upon which the execution issued thereon could be levied, and does not know nor has it any information of any property upon which a levy of an execution on the said judgment could be made sufficient to collect the said judgment or any part thereof. 3. The defendant, H. E. P., is insolvent and unable to pay his just debts and obligations; and the defendant, "W. P., resides in the state of Georgia and has no individual property in the state of Florida; and is likewise insolvent; and the said T. L. Co., composed of the same persons as said firm of P. Brothers, are insolvent and unable to pay their just debts and obligations. 4. Heretofore, to-wit, on the day of , A. D. 19. ., in the Circuit Court of county, Florida, suit was instituted by all the defendants herein against your orator, and thereafter, to-wit, on the day of A. D. 19 . . , a judgment on such verdict was entered in favor of the I. R. S. Bank, one of the plaintiffs in such suit and one of the defendants herein, and against your orator in the sum of dollars and the costs of the said suits. 5. Thereafter, upon a writ of error being sued out by your orator (the defendant therein) to the Supreme Court of the state of Florida, 2 The above form, although obtained from the practice of Florida, is available for use in general chancery practice. BILLS TO ENJOIN ACTIONS AT LAW 315 the said judgment was reversed, and the defendants herein are about to apply to the said Circuit Court of county. Florida, and have a judgment entered upon the verdict rendered in the said tause in favor of the defendants, and the defendants, in accordance with the order of the said Supreme Court will be entitled to have such judg- ment entered. 6. The aforesaid judgment recovered as aforesaid in the said County Court of county was not set up as a counterclaim in the said suit in county, and could not have been set up as such defense pro tanto to such suit. 7. The defendants composing the said firms of P. B. and the T. L. Co. have a greater interest in the judgment the defendants expect to recover in the said county against your orator than the amount of the judgment heretofore recovered by your orator against the said defendants as partners as the T. L. Co. in the said County Court of county. Your orator is solvent and can be made to pay and win have to pay the judgment expected to be recovered in said suit now pending in said county; and after your orator has paid the said judgment to be recovered in said county, your orator will be unable to collect its said judgment against the defendants, H. E. P. and W. P., partners as the T. L. Co. and as P. Brothers; and your orator is entitled to have the amount of the said judgment re- covered as aforesaid in the said County Court of county set off against the amount the defendants, H. E. P. and W. P., partners as the T. L. Co. and as P. B., are entitled to collect under the judgment to be entered in the said Circuit Court of county, Florida, against your orator. Forasmuch, therefore, as your orator is without remedy in the premises, except in a court of equity, and to the end: 1. (Prayer for answers.) 2. That the interests of the defendants, H. E. P. and W. P., as partners doing business under the firm names and styles of P. Brothers and the T. L. Co., in the suit against your orator now pending in the said county of be determined and fixed by the decree and order of this Court. 3. That your orator may set off the amount due to your orator under the judgment heretofore recovered by your orator in the said County Court of county against the defendants, H. E. P. and W. P., doing business as the T. L. Co. against the amount the defend- ants, H. E. P. and W. P., partners as aforesaid, may be entitled to recover and collect in the same suit now pending and in the judgment that may be recovered therein against your orator in the said Circuit Court of county, Florida. 4. That the defendants, H. B. P. and W. P., as partners doing busi- ness under the firm names and styles of P. Brothers and the T. L. Co., the I. R. S. Bank, a corporation, and J. P. B. as sheriff of county, Florida, may be enjoined and restrained from the entering and the collecting any judgment against your orator in the suit now pend- ing in the said Circuit Court of county, Florida, by the decree 316 EQUITY FORMS of this Court upon such terms and conditions as to Your Honor shall seem meet and proper. {Add prayers for general relief and for process.) {Terification.) ILLINOIS ' Form No. 243 BILL TO RESTRAIN ENFORCEMENT OF WRIT OF RESTITUTION ' (Title and Commencement.) 1. Your orator is now in quiet and peaceable possession of the following described real estate (legal description). 2. The defendant, E. J. M., sheriff of said Cook county, is now in possession of a certain writ of restitution for the premises above described running in favor of N. W., as plaintiff, against M. G. L., L. M. H. (etc.) as defendants; said sheriff threatens under the said writ of restitution to talie possession of the said premises and dis- possess your orator therefrom, and your orator momentarily expects and fears that said sheriff will do so. 3. Said writ of restitution was issued out of the Superior Court of Cook county in a case pending in that Court in which your orator was not and is not a party; your orator was never at any time served with any process in said cause; never at any time by itself or through any attorneys entered its appearance in said cause; has nothing whatever to do with said cause; and in fact was not incorporated or in existence until long after the above mentioned suit was begun. 4. Your orator is on said premises conducting a valuable and lucrative theatre and music hall business, and if it is wrongfully dis- possessed of said premises by said sheriff under said writ. It will suffer great actual damage by the loss of said premises, and by the destruc- tion of its business carried on in said premises; it will suffer irrep- arable damage by reason of the fact that in the course of its business, it has made numerous contracts with theatrical performers, for a breach of which your orator will be liable if it does not carry out the same; and it will furthermore be deprived of large profits, the amount of which could not be definitely ascertained or calculated in a Court of law. 5. The defendant, N. W., in whose favor said writ of restitution runs, is a corporation, which is insolvent and wholly irresponsible financially. Forasmuch, therefore, as your orator is without relief in the premises, except in a court of equity, and to the end: 1. (Prayer for answer.) 2. That a decree may be entered by this Honorable Court per- petually restraining the said sheriff from dispossessing this complain- ant from said premises by reason of said writ of restitution. 3. That a temporary injunction may be issued forthwith forbidding said sheriff from action under said, writ of restitution and forbidding ■1 See New Music Hall v. Orpheum Music Hall Co., 100 111. App. 278. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. BILLS TO ENJOIN ACTIONS AT LAW 317 said N. W. from taking any further or other steps in said suit at law towards the dispossessing of your orator from said premises. {Add prayers for general relief and for process and for injunction. Process against the sheriff to be directed to the coroner.) {Verification.) MAINE * Form No. 244 BILL TO RESTRAIN ENFORCEMENT OF PAID JUDGMENT s {Title and Commencement.) 1. On the twenty-seventh day of August, 19.., the defendant, E. S., recovered judgment against the plaintiff in the Superior Court in the county of Kennebec and state of Maine for the sum of $ debt or damage, and $ costs of Court. 2. On the 15th day of November, 19. ., said judgment being still in no part satisfied, the defendant commenced an action of debt on said judgment against the plaintiff in the Supreme Judicial Court for said county of Kennebec by his writ of that date duly served on the plaintiff and returnable the second Tuesday of December, 19... 3. After the service of the writ in said action of debt, but before the return day thereof, the plaintiff on the 29th day of November, 19. ., settled with the defendant said action in full and the said original judgment on which it was brought by conveying to the defendant by his warranty deed of that date recorded in the Somerset registry of deeds, book , page , one hundred acres of land {insert description) and also by giving the defendant his promissory note of that date for the sum of sixty-five dollars secured by the plaintiff's mortgage deed of even date, recorded in said Somerset registry, book , page , conveying to the defendant a certain other parcel of real estate {insert description). 4. The defendaht, S., thereupon in consideration of said conveyance and mortgage and as evidence of said settlement, gave the plaintiff a written discharge from said original judgment of August 7th, 19 . . , on which said action of debt was pending, as will more fully appear by the terms of said discharge, a copy of which marked "Exhibit A" is hereto annexed and made a part of this bill. 5. The defendant nevertheless, wrongfully entered said writ in Court upon the return day thereof, and on the 24th day of March, 19. ., obtained judgment thereon by default, took out execution on the same and is now endeavoring to enforce said judgment against the plaintiff. Wherefore the plaintiff prays: 1. That the defendant may be forever enjoined and restrained from enforcing said judgment and execution thus obtained. {Add prayers for general relief, for process, and for injunction.) {Verification.) 4 The above form, although obtained from the practice of Maine, is available for use in general chancery practice. 5 Based on the facts in DevoU v. Scales, 49 Me. 320, where the bill was sustained. See also Freeman v. Weld, 38 Me. 313. 318 EQUITY FORMS MABYLAND » Form No. 245 BILL BY DISOHABGED INSOLVENT DEBTOR TO BESTBAIN ENTOECEMENT OF A JUDQBIENT {Title and Commencement.) 1. On the day of , 18 . . , a judgment was rendered against your orator in the Circuit Court for Anne Arundel county, in favor of a certain J. I. HI, for the sum of ? with interest there- on until paid, and costs; a certified copy of which judgment is here- with filed as part hereof, marked "Exhibit A." 2. Subsequently on the day of , 18. ., being then a resident of Baltimore city, your orator filed his petition in the Court of Common Pleas of Baltimore city for the benefit of the insolvent laws, and in the same year obtained bis final discharge and release from all debts contracted by him before the filing of his said petition. 3. On the day of , 19 . . , the said J. I. H. sued out of the said Circuit Court for Anne Arundel county a writ of scire facias on said judgment, and after two returns of nihil, a flat was entered and execution issued to W. Y., sheriff of Harford county, when execu- tion was levied upon certain property acquired by your orator by his own industry after his discharge under the said insolvent laws. 4. Your orator has never assumed or promised to pay the said judgment since his final discharge. 5. Your orator had no notice of the scire facias on said judgment, and the subsequent proceedings thereunder, until his property was seized under said execution. 6. The said final discharge of your orator under the insolvent laws would have been a good and valid defence to said scire facias, but with- out fault or laches on his part, no opportunity has been allowed him to plead to the same. To the end therefore: 1. That the said J. I. H. and the said W. Y., sheriff of Harford county, may be enjoined from proceeding with the said execution issued against your orator and levied upon his property. (.Add prayers for general relief and for process.) MASSACHUSETTS 7 Form No. 246 BILL TO ENJOIN ACTION AT LAW ON WBITTEN CONTBAOT (Title and Commencement.) 1. On or about April 1, 19.., the defendant, B. M. A. Co., an Ohio corporation, was engaged in the manufacture and sale at Cleveland, Ohio, of gas engines; and had works at Cleveland, Ohio, where engines which it sold were manufactured and tested and also had printed forms of contracts intended to be made by it with purchasers of its engines. 8 The above form, although obtained from the practice of Mary- land, is available for use in general chancery practice. ' The above form, although obtained from the practice of Massa- chusetts, is available for use in general chancery practice. BILLS TO ENJOIN ACTIONS AT LAW 319 2. On or about April 1, 19. ., the plaintiff was a general agent of the said B. M. A. Co.; had possession of its printed forms of contracts above referred to; had a place, of business in Boston, Massachusetts; but did npt manufacture gas engines and had no works at which gas engines should or could be tested. 3. On or about April 1, 19. ., the defendant, S. B. Co., was informed of the facts set forth in paragraphs one and two and negotiations opened between the plaintiff as agent of and on behalf of the said B. M. A. Co. and the defendant, S. B. Co., for the purchase by the defendant, S. B. Co., of an engine; and as a result of these negotia- tions duplicate forms of a contract or letter were prepared by altering one of the said printed forms prepared by the B. M. A. Co., for its use, and said duplicate forms were then signed by the plaintiff and the de- fendant, S. B. Co., In the manner and form indicated in "Exhibit A" hereto attached and one copy given to the plaintiff and one copy to the defendant, S. B. Co. 4. It was the intention of the plaintiff in making the alterations in said printed form and in causing it to be signed as it was signed to act as agent and for and in behalf of the B. M. A. Co., and not to act in any way or manner so as to bind itself by any of the writing or printing contained in said paper. 5. The plaintiff on the information and belief of its officers avers the defendant, S. B. Co., intended said paper writing to be a contract between the B. M. A. Co., and itself and when said paper writing was signed in its behalf, understood and believed it was an agreement be- tween the B. M. A. Co. and the defendant, S. B. Co., and did not intend nor believe nor understand that the plaintiff was a party thereto except in its capacity as agent of the B. M. A. Co. 6. An engine claimed by the B. M. A. Co. to be such as is described in said paper was furnished by said B. M. A. Co., F. O. B. Cleveland, consigned to defendant, S. B. Co. Defendant, S. B. Co., received said engine and paid for it the price stipulated for it in said contract to- gether with transportation charges from said Cleveland. 7. The defendant, S. B. Co., claims said engine was not what it was warranted to be by the terms of said contract letter or paper and that there are several breaches of the warranties contained in said paper and also claims that said paper is a contract between the plaintiff and the defendant, S. B. Co., for breach of the terms of which the plaintiff and not the B. M. A. Co. is responsible and has brought an action at law which is now pending in the Superior Court for Suffolk county in this commonwealth and which Is numbered on the dockets of said Court against this plaintiff to recover damages because of several alleged breaches of the warranties contained in said agreement, and among others because of an alleged breach of the agreement contained in said paper, "that the engine shall be tested at our works and develop 55 actual brake H. P." The S. B. Co. claims in said action at law that the words "our works" in said agreement mean the works of the plaintiff herein, whereas in fact it was the intention of all the parties to this suit and to said contract that these words should mean the works of the B. M. A. Co., where the engine was manufactured; and it was well known to the defendant, S. B. Co., that the plaintiff had no works for testing said engine and no works at all In said Cleveland, 320 EQUITY FORMS where the defendant, S. B. Co., was to, and did through its agent receive said engine. 8. If said agreement is legally an agreement between the plaintiff and the defendant, S. B. Co., it is so owing to a failure of both parties to make their actual agreement in correct legal form and in equity and good conscience said agreement should not be enforced as against this plaintiff whose contract it was not intended to be. 9. In said action at law the plaintiff in this suit would be deprived of the full effect of the equitable defence that said agreement was not intended by either party to it to be the agreement of this plaintiff and if it is the legal agreement of this plaintiff then this plaintiff would be deprived of the full effect of the defence, and it is so because of mistake and carelessness and ignorance in the altering and signing of said printed form of contract. 10. The defendant, S. B. Co., can not be reached to be served with process in this jurisdiction and has no property which can be attached in this jurisdiction, but F. L. N., an attorney of tills Court'-was and is the attorney for the said defendant in its said action 'against this plaintiff now pending in this Court as aforesaid. Wherefore, the plaintiff prays that the defendant, S. Bi'Co., may be restrained from further prosecution of its said action- agafAst this plaintiff and may be ordered to discontinue the same and'JoP further and general relief. MICHIGAN » Form No. 247 BILIi TO ENJOIN ACTION AT LAW ON REPLEVIN BOND (Title and Commencement.) 1. Heretofore on the day of , A. D. 19 . . , one J. B. had in his possession certain goods, chattels and personal property, that is to say (descrile the property), and on the same day one W. C. sued a writ of replevin out of the Circuit Court for the county of , against the said J. B. to recover possession of the said goods, chattels and personal property, and thereupon your orators at the re- quest of the said W. C, became sureties on the replevin bond given in the said cause in the sum of dollars, and the said J. B. appeared and defended the said suit in replevin, and afterwards on the day of , A. D. 19. ., the said cause came on for trial in the said Court; but before the said trial began the said W. C. and J. B. fraudulently entered into an agreement to the effect that the said J. B., the defendant in the said replevin suit, should take judgment against the said W. C, plaintiff therein, for the value of the property so replevied by the said W. C, as plaintiff, from the said J. B., as defendant, which value was then agreed by the said W. C. and J. B. to have been dollars at the time of being replevied; the con- sideration of the said agreement was the sum of dollars, then paid by the said J. B. to the said W. C., and the same was fraud- ulently made and entered into by the said J. B. and W. C. to defraud 8 The above form, although obtained from the practice of Mich- igan, is available for use in general chancery practice. BILLS TO ENJOIN ACTIONS AT LAW 321 and cheat your orators as sureties on the said replevin bond as afore- said. Your orators were never consulted in relation to the said agree- ment and never consented thereto; no arrangement was made between the said W. C. and the said J. B., the plaintiff and defendant in the said replevin suit, for the return of the property so replevied to the said J. B., but the same by collusion of the parties, was left in the possession and under the control of the said W. C, who was then and still is wholly irresponsible and insolvent. 2. In pursuance of the said fraudulent agreement, the said W. C. abandoned his prosecution of the said cause, and at the trial of the said cause the said J. B. obtained a verdict and judgment in his favor, and thereupon in pursuance of the said agreement, the said J. B. elected to take a judgment for the value of the property so replevied, and thereupon judgment was rendered in his favor for the sum of dollars, and his costs, afterward taxed at the sum of dollars, and your orators had no notice or knowledge of the said agreement and did not suspect its existence until after the said trial had taken place. 3. After the recovery of the said judgment as aforesaid, the said J. B. sued out of the said Court a writ of fieri facias thereon, which said writ having been duly delivered to the sheriff of the said county of for execution in due course of law, was by him returned wholly unsatisfied, on or about the day of A. D. 19 . . , and since the return of the said writ of fieri facias the said J. B. has brought suit against your orators upon the said replevin bond, which has been for that purpose assigned to him by the said sheriff and threatens and Intends to prosecute the same to judgment against your orators. 4. Your orators are advised and believe that they will not be able to interpose the ' facts hereinbefore stated in defense in the said action at law on the said bond and can only have relief in the court of equity. Your orators, therefore, pray: I. (.Prayer for answer.) II. That the said J. B. may be forever restrained, by the order and Injunction of this Court, from prosecuting his said suit against your orators upon the said replevin bond, and that he be in the meantime so restrained during the pendency of this suit. III. That the said replevin bond may be decreed to be null and void as against your orators, and that your orators may be decreed to be forever discharged therefrom and from the obligation thereof. (Add prayer for general relief.) (Add, if desired, prayer for preliminary injunction and for sub- poena.) NEW HAMPSHIRE » Form No. 248 BILL TO ENJOIN ACTION AT LAW 1. The plaintiff, G. T. C, on the 15th day of January, 18 . . , made The above form, although obtained from the practice of New Hajnpshire, is available for use in general chancery practice. 322 EQUITY FORMS an assignment for the benefit of his creditors under and by virtue of the statute laws of this state then in force, to the plaintiff, J. K. 2. The affairs of said estate were so complicated and the rights of the various classes of creditors in relation to the trust property and to each other were so uncertain that on the 18th day of February, 18.., said C. and all the creditors. Including the defendants, save a very few by their sealed agreement in writing of that date (a copy of which is hereto annexed marked "A") established a specific trust over all the property and estate of said C. and over all the rights of the various creditors, providing among other things that all the property should go into the possession of said J. K. as trustee, to be managed and disposed of by him as provided in said agreement and that if said K. should think best and the advisory committee of the creditors should approve he was authorized to continue the business and to purchase supplies and labor necessary therefor and to use the funds of the trust for that purpose and that he might sell any of the trust property at private sale or at auction as he might think best and that he should convert the same into money as soon as in the judgment of said K. it could be done with due regard to the best interests of the trust; and said K. as such trustee has since carried on the business according to the terms of said trust agreement and agreement "B." 3. On the 7th day of Jime, 18.., all the creditors including the defendants by their sealed agreement in writing (a copy of which is hereto annexed marked "B") agreed with said J. K. as such trustee and with said C. as debtor, that the creditors would accept from said trustee and C, 80 per cent of the amount due January 14th, 18.., on their respective claims against C, in full settlement of said claims, said 80 per cent to be paid in the following manner, to-wit, 50 per cent in cash to be paid in two or more payments from time to time as the assets of the estate are converted into cash and when the above 50 per cent is paid in cash the creditors would accept C.'s personal notes for the remaining 30 per cent dated on the day of payment of the last cash dividend, said notes to be made payable to J. K., assignee, 10 per cent in one year, 10 per cent in two years and 10 per cent in three years from date or sooner, if C. should desire, without interest; said agreement "B" was in addition to and amendment of said agree- ment "A" and was not submitted in place of said agreement "A" but both agreements have been in full force ever since their execution; said agreement "B" confirmed and ratified said agreement "A" in this re- spect among others that it expressly provided that said K. "shall con- tinue the manufacturing with the aid of said C. as manager so long as the business is run at a profit." 4. By the terms of said agreements, L. C. P., S. H. and H. M. R. were appointed an advisory committee of the creditors and all the acts of said trustee approved by said advisory committee or a majority of them were to be binding on all the parties to the agreement; the trustee has continued the business as authorized by said agreements; said business has been run at a profit which profits accrue to the benefit of all the creditors, including the defendants; and said business has in all respects been managed and carried on with the assent and approval of the advisory committee of the creditors. 5. The trustee has bought for the sole benefit of the trust estate BILLS TO ENJOIN ACTIONS AT LAW 323 and of the general creditors, the claims of certain creditors against the trust estate paying for a large portion of the same the sum of 40 per cent and for a small part thereof the sum of 50 per cent; said pur- chases have been made with the express approval of said committee and for the benefit of the trust estate. 6. Said trustee expects to pay all the creditors of said trust estate the sum of 50 per cent cash called for by the terms of said agreement. 7. The defendants as creditors of said C, executed both of said trust agreements; the amount of their said claims against said trust estate as of January 14, 18. ., was $ 8. Said trustee has offered said defendants said 50 per cent of their claim in cash; but the defendants have declined to accept said sum from said trustee, and have brought a suit at law against said C. and in said suit summoned said K. as trustee of said C; said suit was entered at the October term, 18.., of said Court and the defendants threaten to prosecute the same. 9. Said K., as trustee, now offers to pay said 50 per cent of their claim, to-wit, the sum of $ and he is ready and willing as he ever has been to perform said trusts under the assent and approval of said advisory committee according to the original intention of the parties to said trust. 10. Said C. is ready and willing as he ever has been to perform said trusts on his part. Wherefore the plaintiffs pray that said defendants and each of them, their agents, servants and attorneys, may be enjoined and commanded not to prosecute said suit at law, and for such further relief as may be just. NEW JERSEY 10 Form Ko. 249 BILL TO ENJOIN ACTION AT LAW (Title and Commencement.) 1. The said J. S. died on or about the day of , 19 . . , having first made and executed his last will and testament in due form of law in and by which he appointed your orator the executor thereof; and on the — day of 19. ., the said will was duly proved before the Surrogate of the county of and your orator duly qualified as executor of said will and took upon himself the burden of the administration of said estate. Your orator prays leave to refer to the record of said will and the letters testamentary granted to him thereon. 2. The said J. S. was tenant by the curtesy of a number of tracts of land in this state of which his wife, one A. S., died seized on or about the day. of , 19 . .. The tenants in remainder of the said property were his two sons, E. H. S. and W. W. S., the only children of the said J. S. and the said A. S.; and among the pieces of real estate of which the said J. S. was a tenant by the curtesy as aforesaid was a tract of land (give description). 10 The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. 324 EQUITY FORMS 3. In or about the year 19 . . , a public corporation organized under the laws of this state and known as "The Essex Public Road Board" and having the legal power of laying out, constructing and maintaining public carriage roads in the county of Essex, did lay out and con- struct a certain public carriage road in said county, and by virtue of the authority conferred upon them by their act of incorporation did make an assessment pursuant to law upon the premises above par- ticularly described amounting to the sum of dollars; and did make sale of the said lands to satisfy the said assessment on the day of , 19. ., and the same was in due form of law struck off to the said board for the term of fifty years to pay the said assessment and the costs, fees, charges and expenses thereon. 4. The said J. S. continued to live upon the said homestead prem- ises from before the date of the death of his wife, A. S., until his own death as aforesaid and during the lifetime of the said A. S. and for a considerable time after the death of the said A. S. the said E. H. S. and the said W. W. S. continued to have their home with the said J. S., members of his family and to occupy with him the said homestead. The said W. W. S. married the defendant, P. B. S., in the month of 19. ., from which date until the date last aforesaid both the said P. B. S. and the said W. W. S. continued to reside in the said homestead with the said J. S. as members of his family and without paying to the said J. S. any board or other compensation in return for his furnishing them said home. 5. The said W. W. S. was an attorney at law of this state and acted as the attorney of the said J. S. In many matters. The said W. W. S. while so living in the said homestead with his wife, the said P. B. S., and while a member of the said J. S.'s family as aforesaid, did pro- cure "The Essex Public Road Board" to make, execute and deliver a declaration of sale of the said homestead premises to the said P. B. S., which declaration of sale was recorded in the Register's office of Essex county , 19 . . , and to which for greater certainty your orator begs leave to refer if it be necessary so to do; and your orator charges upon information and belief that the said declaration of sale, although taken in the name of the said P. B. S., was paid for by money furnished by B. H. S., and was taken in the interest of said W. W. S. and E. H. S., or of one of them, and not in the interest of the said P. B. S. 6. Your orator further charges that the said P. B. S. was not a l)ona fide holder of the said declaration of sale as against tlie said J. S.; and the assessment for the opening and laying out of Park Avenue was as between the tenants in remainder and the tenant by the curtesy of the said homestead property, an obligation which by law rested upon the tenants in remainder to discharge; and the said P. B. S. holds the same in trust for the said W. W. S. and E. H. S., and for the purpose of obtaining an unfair advantage of the said J. S. and his estate. Your orator further alleges, on information and belief, that during the lifetime of the said J. S. the said P. B. S. never claimed any interest in said homestead premises adversely to the said J. S. 7. After the death of the said J. S., and after your orator had qual- ified as executor as aforesaid, tlie said P. B. S. filed with your orator a claim against the estate of the said J. S., of which schedule "A" hereto annexed and made a part hereof, is a true copy, in and by which she BILLS TO ENJOIN ACTIONS AT LAW 325 claimed rent for the undivided one-half interest in the said homestead property from , 19. ., to 19- • ; and your orator served a notice pursuant to the statute in such case made and provided, re- quiring the said P. B. S. to bring suit upon her said claim. The said P. B. S. has brought suit in the New Jersey Supreme Court against your orator upon said claim and the said cause is now at issue and ready to be tried as soon as reached on the calendar. 8. Your orator cannot successfully set up at law his defence that the said assessment was a burden which the tenants in remainder should have discharged, and that the said P. B. S., wife of W. W. S., one of the said tenants in remainder, is not a bona fide holder of the title of the said premises for the balance of the term for which the property was sold to satisfy the said assessment, and your orator can- not in said suit in the Supreme Court attack her title by virtue of said declaration of sale, and he can only obtain relief in a court of equity where matters of this sort are properly cognizable and re- lievable. To the end therefore: 1. (Prayer for answer.) 2. That the said P. B. S. may be decreed by this Court to hold the term of years granted and conveyed to her by the said "The Essex Public Road Board" in trust for the said W. W. S. and B. H. S.; and that the said declaration of sale from "The Essex Public Road Board" to the said P. B. S. may be decreed to be null and void, and the lands therein described freed and discharged of and from the term of years therein and thereby granted. 3. That the said P. B. S., her attorneys and agents may be enjoined from further prosecuting the said suit at law now pending in the New Jersey Supreme Court between the said P. B. S. and your orator 4. That the said P. B. S. may be enjoined from asserting in said suit any'claim of title based upon said declaration of trust. (Add prayers for general relief, for process, and for injunction.) (Terification.) PENNSYLVANIA " Form No. 250 CBEDITORS' BILL TO RESTRAIN ENFORCEMENT OF JUDGMENT OBTAINED IN FRAUD OF CREDITORS (Title and Commencement.) The plaintiffs above named, as well for themselves as for such other creditors of R. S., one of the defendants above named, who may come in and contribute to the expense of this suit, complain and say: 1. The plaintiffs respectively are creditors of R. S., one of the defendants above named, their claims aggregating the sum of dollars. 2. The said R. S. is a resident of the city of , and has been until recently, for a number of years past, engaged In the general mercantile business in said city, and was the owner of a large amount 11 The above form, although obtained from the practice of Pennsyl- vania, is available for use in general chancery practice. 326 EQUITY FORMS of personal property and still is the cwner of real estate situate in the said city of , worth at a fair valuation the sum of dollars. 3. The said R. S. confessed judgment in favor of M. N., another of defendants above named, in the Court of Common Pleas of county, term, 19 . . , No for the sum of dollars and your orators are informed and believe and expect to be able to prove that the said judgment is wholly fraudulent and void, and that no valid consideration therefor existed between the said R. S. and the said M. N. 4. The said R. S. was and still is largely indebted to sundry persons in and and other cities and some time prior to the confession of the aforesaid judgment the said R. S. visited the cities aforesaid, and obtained from his several creditors an extension of time for the payment of his indebtedness to them; he returned and con- fessed the judgment aforesaid before the extension of time so as afore- said obtained had elapsed, with intent to cover up his real estate, hin- der and delay and defraud his creditors, and especially to defraud your orators. 5. For the purpose of defrauding your orators and other creditors of the said R. S., the said M. N. caused to be issued on his said judg- ment a writ of fieri facias to No March term, 19 . . , to which writ was attached the personal waiver of exemption and inquisition, executed by the said R. S.; said writ was placed in the hands of X. Y., Esq., sheriff of county; the real estate of the said R. S., by direction of the said M. N., has been levied upon by the said sheriff and stands advertised to be sold by him under and by virtue of said writ on the 15th day of February, A. D. 19. ., upon the premises in the city of aforesaid, being over two months prior to the time for the regular sheriff sales of real estate, on writs returnable to said term of Court, and before return day of the writ, to which said judgment and all proceedings thereon had your orators beg leave to refer when the same shall be produced in Court. 6. For the purpose of defrauding your orators and other creditors the said R. S. on the same day the said M. N. caused the issuance of the writ aforesaid, made and executed to the said M. N., a bill of sale of all the personal property of the said R. S. consisting of a large stock of general merchandise, and other personal property, all of which said personal property has since been disposed of by sale or otherwise by the said M. N. to other parties. 7. For the purpose of delaying, hindering and defrauding your orators especially and other creditors, the said R. S. caused appeals to be taken in each and every suit brought before a Justice of the Peace and is holding the same without entry in the Court of Common Pleas No of county for the purpose of preventing your orators, his said creditors, from obtaining judgments against him until after a sale of his said real estate upon the said writ so as afore- said issued by the said M. N. upon said fraudulent judgment. 8. If the said real estate of the said R. S. is permitted to be sold upon said writ by X. Y., sheriff as aforesaid, it will work an irre- parable injury and wrong to your orators and other creditors of the BILLS TO ENJOIN ACTIONS AT LAW 327 said R. S. and defraud them of their just and legal rights, as well as of large sums of money. Wherefore, your orators need equitable relief and pray: First. That an injunction may issue restraining X. Y., sheriff as aforesaid, and M. N. from selling said real estate of the said writ of execution now in the hands of the said sheriff. Second. That the defendants may be restrained from doing any act or thing either by means of said judgment, writ of execution, or other- wise, for the purpose of disposing of the real estate or other property of said R. S., until the validity and consideration of said judgment confessed to said M. N. by said R. S. is tested and established by law. {Add prayer Jor general relief.) RHODE ISLAND ^^ Form No. 251 BILL BY DEFENDANT IN ACTION AT LAW, NOT PEOPEELY SEEVED WITH PEOCESS THEEEIN, TO ENJOIN THE ACTION AT LAW {Title and Commencement.) 1. On the day of 19. ., the defendant was in the employ of your orator and while so in its employ, was injured under such circumstances as to entitle said defendant to receive from your orator compensation for such injuries. 2. On or about the day of , 19.., the defendant sued out of this Court upon the law side thereof his writ of that date, returnable on the day of 19 . . , against your orator, and placed said writ in the hands of the sheriff of said county of Providence for service. 3. On the day of 19.., one M. A. M., then a deputy sheriff in said county of Providence, made a pretended service of said writ by leaving a true and attested copy of the same with one J. E. H., and thereafter on said day, made a return of his doings upon said writ in the words and figures following: (Copy officer's return.) 4. Said J. E. H. was not, on said day of 19 . ., nor at any other time, the secretary of your orator (as alleged in the ahove return), and was not at said time an officer, agent, or employee of your orator. 5. No service was made of said writ other than the aforesaid pre- tended service by said M. A. M. and no service of said writ has ever been made upon your orator or upon any officer, agent, attorney or servant of your orator. 6. On or before the return day of said writ, the defendant herein filed in the clerk's office of this Court the said writ with the aforesaid return thereon and a declaration in which the respondent set forth his statement of the grounds upon which he claimed to be entitled to recover from your orator compensation or damages for the Injury claimed by him to have been received while in the service and employ of your orator. 12 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 328 EQUITY FORMS 7. After the entry of said cause by said defendant as aforesaid and within the time within which your orator, if it had been served with said writ, might have demurred or pleaded to the declaration by its attorney, it entered its special appearance in said cause for the sole purpose of objecting to the jurisdiction of this Court over it in said cause, and at the same time filed its motion that said cause be dis- missed for want of jurisdiction arising from the fact that no service of said writ had been made upon it, and thereafter, on the day of , 19 . . , a hearing was had upon said motion, at which hearing the facts with reference to the pretended service of said writ were made to appear and without contradiction, and thereafter on the day of , 19.., the said motion to dismiss said suit was denied and your orator thereupon caused its exception to said ruling to be noted. 8. No further proceedings were had in said cause until the day of 19. ., upon which date an order was made by a Justice of the Superior Court that the pleadings in said cause be closed on or before the day of , 19. .. 9. Your orator has not entered an appearance in said cause other than the aforesaid special appearance and is not subject to the order and jurisdiction of this Court in said cause; the injury claimed by the defendant to have been received as aforesaid was not received within the past two years and any action which the defendant may now commence against your orator founded upon said alleged injury will be now barred by the laws of this state. 10. The defendant acting by his attorneys of record in the said cause, has threatened and is threatening to cause the aforesaid action to be defaulted as against your orator, to have damages assessed upon such default, and thereupon to cause judgment to be entered against your orator for the amount of the damages so to be assessed. 11. Your orator is informed and believes and therefore avers that it is the intention of the defendant to obtain judgment against your orator in manner as aforesaid and thereupon to sue out execution upon said judgment and to cause the said execution to be levied upon the property, both real and personal, of your orator and to make a private sale of said property under and by virtue of such execution. 12. Any judgment so obtained in said cause by said defendant against your orator will be void and of no effect and any sale upon an execution so obtained or so issued will be void and of no effect and the purchaser at any such execution sale will acquire no title to the property of your orator but your orator avers that a pretended title acquired at any such execution sale will be a cloud upon the title of your orator to its said property. To the end therefore: 1. {Prayer for answer.) 2. That the said J. D., his counselors, attorneys, solicitors, or agents, may be restrained by an injunction issuing out of this Honor- able Court from proceeding further against your orator in the said action now pending and at issue for the recovery of compensation or damages claimed for or on account of said alleged injury. (Add prayers for general relief, for process, and for injunction.) (Verification.) BILLS TO ENJOIN ACTIONS AT LAW 329 VERMONT 13 Form Ko. 252 BILL TO ENJOIN ACTION AT LAW UPON A FEAUDULENT AWABD BY ABBITBATOBS (Title and Commencement.) 1. The plaintiQ, G. P. I., was named as the executor of the will of G. I., which will was duly probated by the Probate Court within and for the county of , has duly been appointed such executor, has accepted said trust, and has duly qualified and is now acting as such executor, and as such executor holds and owns the various notes and accounts hereinafter named executed by the defendant, G. W. J., and due from him to the said G. I. during the lifetime of G. I.; and said G. I. and the plaintiff, di(ring the lifetime of said G. I. were partners under the name of G. P. I. & Co., and the plaintiff as surviving partners has succeeded to and now owns all the assets of said firm. 2. (.Describe transactions whereby G. W. J. and G. I., and G. W. J. and G. P. I. & Co. became indebted to each other, leaving a balance of dollars, as plaintiff avers, due from G. W. J. to G. I.* and of dollars due from G. W. J. to G. P. I. & Co.; describe mort- gages, notes, checks, evidencing these amounts due; state that G. W. J. went into bankruptcy without scheduling any sum due him from G. I. or G. P. I. & Co.; and did not prove any such claim against the estate in Probate Court of G. I.; that G. I. and G. P. I. & Co. did not prove any claim against G. W. J. in bankruptcy because of belief that G. W. J. had no assets and that securities given by G. W. J. would cover claims of G. I. and G. P. I. & Co. against G. W. J.; that no new transactions be- tween the parties mentioned and G. W. J. have taken place since the time when he swore to his petition, which would alter the indebtedness between them; that after G. W. J. got his discharge he agreed with G. I. to pay him whatever sum should be found due to the said G. I. on an accounting between them, and made similar agreement with the plaintiff as executor of G. I. and as surviving partner.) 3. On the day of 19 . . , the plaintiff and the said G. W. J. mutually agreed to submit all the claims of the said G. I., of the plaintiff individually, of the plaintiff as executor of the will of G. I., and of the plaintiff as surviving partner of the firm of G. P. I. & Co., against the said defendant, and all claims of the said defendant against the said G. I., G. P. I. & Co. and the plaintiff, to the final arbitra- ment and award of C. R. of , P. H. G. of , and R. W. S. of , which agreement of submission, in writing, was as fol- lows: (Insert copy of agreement of award.) 4. The said R., G. and S. took upon themselves the burden of hear- ing said parties and making an award in the premises; and the plain- tiff and the defendant met all of said arbitrators on several occasions, and the plaintiff presented to the said arbitrators for allowance against 13 The above form, although obtained from the practice of Vermont, is available for use In general chancery practice. 330 EQUITY FORMS said J. (mention the claims). The plaintiff and defendant were pres- ent with said arbitrators at several different meetings or sessions when they had these matters under consideration, and the plaintiff supposed that he was present at all the sessions held by said arbitrators or any of them, at which the claims of the defendant and the evidence of the defendsmt in relation thereto was presented to said arbitrators. 5. (.State that: the arbitrators awarded G. W. J. a balance due against the other parties of dollars, quoting the award; that the plaintiff now finds that this award was reached through fraud, in that the arbitrators received evidence in the absence of the plaintiff, including prejudicial evidence of one personal enemy of the plaintiff, and the defendant concealed this fact from the plaintiff; that two of the arbitrators held a session in the absence of the third and of the plaintiff, without due notice to the third and the plaintiff; and in other respects. State that on a full, fair investigation there would be found a large amount due from the defendant to the plaintiff in his several capacities; that the defendant has made a demand upon him for the payment of the said pretended award; that the defendant has placed it in the hands of a certain attorney, who threatens to bring an action at law thereon; that the defendant and the arbitrators refuse to open the award and refuse to hear further evidence from the present plain- tiff to correct it.) To the end therefore: 1. (Prayer for answer, including interrogatories as to the statements in the till.) 2. That this Honorable Court will enjoin and restrain the defend- ant, his agents, servants and attorneys from instituting or prosecuting any action at law to enforce the collection of said award until the final determination of this action in chancery. 3. That this Honorable Court will appoint a special master to hear and determine all the evidence relating to the matters and things therein above set forth, and to hear all the proofs and evidence offered by either party in relation to said matters, and to find, determine and, report the balance of indebtedness due from the defendant to the estate of said G. I., and to the said G. P. I. & Co., and to the plaintiff individ- ually, and in whose favor each of said balances is due, and on the incoming of said report, that this Honorable Court will order and decree that said pretended award is null and void, and will perpetually enjoin the defendant from enforcing or attempting to enforce the same in any action or proceeding at law or in equity; and that this Honor- able Court will enter a decree in favor of the plaintiff for such balances as may be found due to the plaintiff individually, or as such executor, or as such surviving partner, and that this Honorable Court will also enter a judgment or decree in favor of the defendant for such balance as may be found due the defendant from the plaintiff personally, or as such executor, or as such surviving partner, if any balance shall be found due the defendant. (Add prayers for general relief and for process.) (Verification.) BILLS TO ENJOIN ACTIONS AT LAW 331 WEST VIRGINIA " Form No. 253 BILL TO BESTBAIN ENTOBCEMENT OF FBAUDTTLENT JUDGMENT {Title and Commencement.) 1. Some time prior to tlie 15th day of June, 19. ., J. S., the principal defendant hereinafter named, instituted an action of assumpsit in the Circuit Court of the county aforesaid, in the name of one Jeremiah S. against one T. L. G. and this complainant, demanding the sum of $300 as a balance of money not accounted for or returned. On the said 15th day of June, 19. ., the said Court made an order dismissing said action at the plaintiff's costs. The papers in said cause have mysteriously disappeared from the clerk's office, and the clerk reports that he cannot find them after a diligent search. If they should be found after future searches, which this complainant proposes having made, they will be filed with the papers of this suit. Amongst the papers of the case referred to, there is, or was, an affidavit made by the said Jeremiah S., whose name was used as the plaintiff in said cause, to the effect that the said complainant and T. L. G., the defendant therein, did not owe him anything, and that he had not brought said suit nor authorized any one to bring it in his name. Upon this affidavit and other facts before the Court, the order of dismissal was entered; a copy of which is herewith filed marked "No. 1." 2. On the 1st day of August, 19. ., as it appears from the writ, the said John S. instituted another action under the style of John S., who sues for the benefit of W. R. L. against the said T. L. G. and this com- plainant for the same sum of $300. After this last mentioned suit was brought, the said John S. assured this complainant that he did not intend to collect anything of him; that the complainant need not give himself uneasiness about the suit, nor employ any counsel in his de- fense. It appears from the records of the Court aforesaid ^hat on the 19th day of October, 19 . . , judgment by default was rendered against the defendants therein for the sum of $415, with interest until paid, and the costs of the suit. A copy from the record showing these facts Is herewith filed marked "No. 2." 3. Upon the judgment aforesaid a number of executions have been issued, and returned "no property." A copy of one of said executions endorsed September rules, 19 . . , is herewith filed. There is at this time another execution in the hands of the sheriff of this county which he has levied, or threaten to levy upon a few young cattle, the gQods and chattels of J. M. on the premises of this complainant's wife. 4. The complainant charges that the actions aforesaid were fraudu- lently instituted by the said John S.; that the judgment in the last mentioned case was obtained by the fraudulent conduct, concealments and assurances of the said John S. ; that said judgment was obtained in the absence of this complainant caused by the fraudulent induce- ments and assurances upon the part of said John S.; that he does not "Adapted from bill in Knapp v. Snyder, 15 W. Va. 434. The above form, although obtained from the practice of West Vir- ginia, is available for use in general chancery practice. 332 EQUITY FORMS owe the said John S. nor the said W. R. L. a single dollar; but that said John S. and this complainant bad a settlement of all matters of business between them about a year ago, in which this aforesaid judg- ment was not mentioned. 5. The complainant is informed and believes that the said T. L. G. and the said John S. entered into a compromise of said judgment, by the terms of which the former paid the latter a certain sum of money in complete discharge of said judgment. Of any of the several execu- tions aforesaid, the complainant never saw or heard except the one now in the hands of the sheriff aforementioned; and he will be sub- jected to insufferable annoyance and irremediable injury unless your Honor interferes in his behalf and restrains the said John S., and all others acting under his instructions, from further proceedings on said execution. 6. On the 20th day of May, 19. ., this complainant filed his petition in the District Court of the United States for the district of West Vir- ginia, asking to be discharged of all his debts, etc., and on the 9tb day of March, 19 . . , he was discharged in bankruptcy, as will appear from the duly certified copy of said discharge hereto annexed and marked "3." After the aforesaid discharge in bankruptcy the suit upon which said judgment was rendered was instituted, and this complainant could and would have pleaded the said discharge in bankruptcy in bar of said suit if he had not been informed and assured by said John S. that all defense was unnecessary as before mentioned. The debt falsely demanded by said S. was incurred, as he alleges, on the 1st day of December, 19 . . ; the said petition in bankruptcy was filed on the 20th day of May, 19 . . ; the discharge in bankruptcy was ordered on the 9th day of March, 19 . . ; the suit was commenced on the first day of August, 19. .; and the judgment procured by default and fraud on the 26th day of April, 19... 7. The plaintiff is a poor man, and wholly unable to give any pecuniarily responsible man as security. He has made every effort in his power to get some friend to agree to join him in an injunction bond, provided your Honor should under all the circumstances of the case require security, but has utterly failed in so doing. In consideration whereof, he prays that a new trial be granted to him; that the said execution be quashed and said judgment be annulled and set aside; that said J. S. and all others be restrained and enjoined from further proceedings under the said execution; that he be allowed to prosecute this suit and granted an injunction herein without being required to give security. (Add prayer for general relief.) NEW JERSEY Form No. 263a BILL TO ESTABLISH A PABTNEESHZP UTTBSEST IN A JUDO- MENT AND SESTBAIN PAYMENT OF SAME i {Title, Address and Commencement.) 1. That the complainant is and for a number of years last past has been engaged in the general real estate business in the City of BILLS TO ENJOIN ACTIONS AT LAW 333 Newark, buying and selling real estate and obtaining purchasers thereof for other people under commission. 2. That X is likewise engaged in the general real estate business and selling land for other people upon a commission. 3. That in the very early part of the month of March, 1914, the said X saw complainant and stated to him that he had in his hands the sale of certain premises in the City of Newark, Essex County, New Jersey, on Street, owned by Y, and said X proposed to complainant that complainant and said X become interested in and go in together in trying to effect a sale thereof and said X promised to complainant that if through their joint efforts the said premises were sold complainant would be entitled to and would receive, and he the said X would let complainant have, one-half of the commission realized thereon, which said commissions were to be figured at the rate of two and one-half per cent upon the purchase price. 4. That complainant accepted said proposition of said X and agreed to work with him in trying to effect a sale of said premises. 5. That in pursuance of said agreement, complainant procurea a pur- chaser for said premises, one Z, and introduced him to said X and as a result the said premises were sold to the said purchaser, the said Z, so produced by complainant for the sum of $105,000, and a con- tract of sale thereof executed by the said Z and the said Y. 6. The owners of said premises refusing to pay the commissions for the sale thereof, the said X brought suit in the Essex Circuit Court against them and on June 20, 1916, obtained a judgment against Y, who were the owners of said premises, for the sum of $2,- 981.96, damages, and $65.46 costs, as and for the commissions due for effecting such sale of said premises as by the record thereof will more fully and at large appear. 7. That complainant by virtue of the above stated agreement and his work In accordance therewith is entitled to one-half of the com- missions due on said sale; being one-half of the proceeds of said judgment, the said X being a Trustee for complainant for said amount, but the said X refuses to recognize complainant's claim or to pay to him any of the said commissions so earned. 8. That by virtue of above stated agreement between complainant and said X they became partners in the sale of said premises each being entitled to one-half of the commissions to be realized thereon. 9. That said X is trying to collect said judgment for himself and refuses to recognize any of complainant's rights therein, or to ac- count to complainant for the same. That complainant is without adequate remedy in the Courts of Law and therefore prays^: 1. That the said X and Y, who are the defendants to this suit, may answer this bill of complaint, without oath, and each statement therein made. 2. That it may be decreed that complainant is entitled to one- 1 The above form, though taken from the practice of New Jersey, Is available for use in general chancery practice. For decree on this bill see Form No. 672-a. 334 EQUITY FORMS half of the commissions earned on the sale of the said ........ property. 3. That it may be decreed that the said X is a Trustee for com- plainant of one-half of the said judgment. 4. That the said T may, by order of this Court, be authorized and directed to pay to this complainant one-half of the proceeds of said judgment so obtained against them by said X. 5. That the said X may be ordered to assign to complainant one- half of said judgment or to pay to complainant one-half of the pro- ceeds thereof when collected. 6. That the said Y may, by order of this Court, be restrained from paying or satisfying to said X or to his assigns said judg- ment or any part thereof pending the determination of this suit. 7. That said X may, by order of this Court, be restrained from assigning, transferring or in any way disposing of said judgment or any part thereof pending the determination of this suit. 8. That said X may be ordered to account to this complainant for any sums he may have received on account of said commissions, or on account of said judgment. 9. That a writ or writs of subpoena may issue commanding the said defendants to answer this bill of complaint and to abide by such decree as this Court may make in the premises. {SigTiature.) CHAPTER XV BILLS TO REMOVE CLOUDS ON TITLE ALABAMA ' Form No. 254 STATUTORY BILL TO QUIET TITLE {Title and Commencement.) Your orator would show that he is in actual {or constructive, if the property is vacant, and he holds the legal chain of title) peaceable pos- session of a certain piece of real estate in county, Alabama, described as follows : ( here give the description of the real estate which would he given in a deed), claiming to own the same in his own right {or as personal representative or guardian of A. B.)- And the defend- ant claims or is reputed to claim some right, title or interest in or incumbrance upon such lands. And your orator would further show that no suit is pending to enforce or test the validity of such title claim or incumbrance. Wherefore your orator prays that the defendant be required to set forth and specify his title, claim, interest, or incum- brance, and how and by what instrument the same is derived and created. And if your orator has not asked the proper relief, he now asks such other and further relief as his case demands. {Follow with prayer for summons or publication.) DELAWARE 2 BILL BY DEVISEES TO REMOVE CLOUD ON TITLE CAUSED BY AMBIGUITY IN WILL Form No. 255 {Title and Commencement.) 1. J. B. N., late of died on or about the day of , A. D. 19. ., having prior to his death made and published his last will and testament, which after his death was duly proved and allowed, and which contained, among other provisions, the following: "I do hereby will, devise and bequeath unto my wife, E. A. N., all my , to have, to hold, to keep and enjoy for her own use and benefit, to be free from the control or interference of any person or persons whatever It is my will and desire that my wife, the aforesaid E. A. N., shall carefully husband and keep intact, as nearly 1 This statutory bill may be combined with an ordinary bill to cancel a particular cloud upon the plaintiff's title, with the proper prayer therefor; and is not made multifarious thereby. The above form is peculiar to the chancery practice of Alabama. 2 The above form, although obtained from the practice of Delaware, is available for use in general chancery practice. 335 336 EQUITY FORMS as possible the estate, in order that the revenue therefrom may give her a comfortable and sufficient livelihood for the remainder of her life; and at her death I desire that such as may be remaining thereof, and not herein specifically provided for, be equally divided between my brothers and sisters, who may then be surviving; " as by the record in the office of the Register of Wills, in and for New Castle county aforesaid, will fully appear. A duly certified copy of said will is hereto annexed and marked "Exhibit A." And your complainants pray that the same may be taken as part of this bill of complaint. 2. Letters testamentary on the said last will and testament were on the day of A. D. 19 . . , duly issued to E. A. N., the executrix named in said will. 3. The said E. A. N., the widow and executrix of the said J. B. N., died on the day of , A. D. 19 . ., having first made her last will and testament bearing date the day of , A. D. 19 . . , which was duly proved before the Register of Wills, in and for New Castle county aforesaid. 4. Items 4 and 5 of the said last will and testament of the said E. A. N. are as follows: "Item Four. All the rest, residue and remainder of the estate (real, personal or mixed), which I received imder the said last will and testament of my said husband, and of which I shall die seized and possessed, including such real estate, stocks, bonds and mortgages as I may have purchased with the proceeds of the sale of any of the said estate so received, I hereby give, devise and bequeath unto H. I. N. and M. A. N., sisters of my said husband, to be equally divided between them, share and share alike; "Item Fifth. I give, devise and bequeath all of the rest, residue and remainder of my estate, whether real, personal or mixed, and wheresoever the same may be situate, and of which I may be seized and possessed, unto my sister, K. C. P., absolutely, free from the con- trol and interference of any person whatsoever." 5. At the time of his decease, the said J. B. N. was the mortgagee in a certain mortgage bearing date the day of 19. ., made by one L. M. S., of aforesaid, to secure a principal debt of dollars upon certain lands and premises. {Description of land inserted.) As by said mortgage now of record (etc.) will more fully appear, and which your complainants pray may be taken (etc.). 6. The said E. A. N., executrix of the said J. B. N., deceased, caused to be issued out of the Superior Court of the state of Delaware, in and for New Castle county aforesaid, a writ of scire facias against the said L. M. S. upon said mortgage, and on the day of , A. D. 19. ., obtained judgment thereon for the sum of dollars, with interest thereon from the day of , 19. ., said writ of scire facias being No. (etc.), and Judgment thereon being entered (etc.). Afterwards under a writ of levari facias, issued out of said Court upon said judgment, being No. (etc.), said lands and premises were sold nominally to a certain C. R. W. for the sum of dol- lars, to whom the said lands and premises were conveyed by deed poll of S. A. M., sheriff of New Castle county aforesaid, dated 19. ., BILLS TO REMOVE CLOUDS ON TITLE 337 and recorded (etc.)i and which said deed your complainants pray may be taken as a part of this bill of complaint. 7. The said C. R. W. took title as aforesaid merely for the purpose of passing the same unto the said E. A. M., and to effect such purpose the said C. R. W. conveyed all his interest in said land and premises to the said E. A. N. by deed dated 19. ., as by said deed recorded {etc.) will fully appear, which said deed your complainants pray (etc.) 8. At the time of his death, the said J. B. N. left to survive him no brothers, and your complainants, the said H. I. N. and M. A. N., were his only surviving sisters, who also survived the said E. A. N., deceased; your complainants, therefore, aver that the said above described lands and premises constitute the real estate of which the said E. A. N., deceased, died seized and possessed and which was pur- chased by her with proceeds received by her from the estate of her husband, the said J. B. N., deceased, and which by the terms of both the wills of the said J. B. N., deceased, and of the said E. A. N., de- ceased, were given and devised in fee simple unto your complainants. Since the decease of the said E. A. N., your complainants have been in possession of said lands and premises. 9. The said E. A. N. continued to hold title to the said land and premises, under the said last recited deed until the time of her decease ; the only consideration for said land and premises under the title made as aforesaid to the said E. A. N., was the legal discharge and satisfac- tion by the said E. A. N., as executrix of the said J. B. N., of the debt and interest due on the said L. M. S. mortgage to the extent that the proceeds of said sheriff's sale were applicable thereto, being the sum of dollars, and the payment by the estate of said J. B. N. of the costs of said proceedings, and taxes due on said property, being the sum of dollars; said real estate merely took the place of the aforesaid S. mortgage and represented a part of the assets, which had been committed and given unto the said E. A. N. under and subject to the terms of the will of her husband. The complainants pray, as follows: 1. (Prayer for answer.) 2. That a decree may be made by this Honorable Court in favor of said complainants and against the said defendants, quieting the title of said complainants to said described land and premises; that the said defendants and each of them may be decreed to have no title or right in the said described land and premises, but that the title thereto may be decreed to be in the said complainants. (Add prayers for general relief and for process.) ( Verification. ) FLORIDA ' BILL TO REMOVE CLOUD ON TITLE Form No. 256 (Title and Commencement.) 1. Your orator is the owner in fee simple of all those certain parcels of land (insert description) . 3 The above form, although obtained from the practice of Florida, is available for use in general chancery practice. 338 EQUITY FORMS 2. The said lands for fourteen years last past have been in the pos- session of your orator and his predecessors in title and those holding iiv privity with him and them by leases and otherwise, who have them- selves and by others in privity with them cut and removed the pine and other timber from the said lands and conducted logging opera- tions thereon, and have built roads and located camps for employees on the said lands, and have during the said period of time had and en- joyed the said lands for all the purposes of which the nature and char- acter of the said lands are chiefly capable. All the burdens of taxation against the said lands have been borne and discharged by your orator and his predecessors in title. 3. Your orator is both the legal and the equitable owner of all the aforesaid lands and none of the defendants hereto are in actual pos- session of the said lands nor any part thereof; but the defendant, G. K. B., and the heirs at law, devisees, grantees or other claimants under one J. T. S., deceased, whose name and residences are to your orator unknown, and each of them, claim some interest in and to the said lands or to some parts thereof, the exact nature of which claim is to your orator unknown, which claim casts a cloud upon the title of your orator in and to the said lands; and your orator desires to have his title to the said lands quieted and the clouds cast thereon by the claims of the defendants, as aforesaid, removed in accordance with the statutes of the state of Florida in such case made and provided. Upon information and belief your orator alleges that the defendant, G. K. B., resides in the city of , and state of New York, at No. street; and that your orator does not know and has no information as to the names and residences of the heirs of the said J. T. S., deceased, if any. 4. Your orator does not know the exact nature of the claims of the defendants, G. K. B., and of the heirs, devisees, grantees or other claim- ants under the said J. T. S., deceased, or of any of them in and to the said lands, but alleges that none of the defendants have any valid claim or interest, legal or equitable, in and to the said lands, or any portion thereof, and that your orator is entitled to hold the said lands, and each and every portion thereof, freed, cleared, released and discharged of and from any and all claims of the defendants, and each of them, fn and to the said lands and each and every part thereof. Forasmuch, therefore, as your orator is without remedy in the premises, save in a court of equity; and to the end that (Prayer lor answer.) And your orator thereupon prays: 1. That your orator may be decreed to be the owner in fee simple of the premises hereinbefore described; and that the title of your orator in and to the said lands in fee simple may be quieted and established; that the alleged claims of the defendant, G. K. B., and all persons inter- ested in the property involved in this suit as the heirs at law, devisees, grantees or other claimants under one J. T. S., deceased, and each of them, may be removed therefrom as clouds upon the title of your orators thereto. 2. That the defendants, G. K. B., and all persons interested in the property involved in this suit as heirs at law, devisees, grantees or other claimants under one J. T. S., deceased, whose names and resi- BILLS TO REMOVE CLOUDS ON TITLE 339 dences are to your orator unknown, and each of them may be forever and permanently enjoined and restrained by the decree of this Court from asserting any right, title, interest, claim or demand of, in and to the aforesaid lands, and every part and parcel thereof, and from prose- cuting or attempting to prosecute any suit in chancery or action at law to obtain the possession thereof or title thereto or any interest or estate therein. 3. That the defendants, G. K. B., and all persons interested in the property involved in this suit as the heirs at law, devisees, grantees or other claimants under one J. T. S., deceased, and each of them, may be required to execute, acknowledge for record and deliver to your orator deeds of release, releasing the lands herein described from any and all claims on their part, respectively, within a short time to be fixed by this Court. (Add ■prayers for general relief and for process.) (Verification.) ILLINOIS * Form No. 257 BILL TO REMOVE CLOUD ON TITLE CAUSED BY TAX DEEDS (Title and Commencement.) 1. Your orator is the owner in fee simple and is in actual and exclusive possession of the following described real estate: (Descrip- tion.) 2. On the day of , 19 . . , at a tax sale then held in said Cook county, the above described lot was sold for West Park special assessment to one A. A., for the sum of f , and there- upon a certificate of said tax sale was issued to said A. A. and there- after at some time unknown to your orator said A. A. made an en- dorsement in blank on the said certificate, and thereafter no redemp- tion having been made from said tax sale one J. J., claiming to be the owner of said tax sale certificate, made application to the county clerk of said Cook county for the issuance of a tax deed thereon to J. J., and thereafter on , the said county clerk issued to the said J. J. upon said application a tax deed to the lot aforesaid, dated , and number which said tax deed was thereafter recorded in the recorder's oflSce of said Cook county on in book of records, on page as document number 3. Thereafter by a certain deed in trust dated ......... and re- corded in Cook county recorder's office on in book of records, on page as document No the said J. J. con- veyed all interest acquired by the said tax deed to the defendant, A. A., as trustee, in trust to secure the payment of a certain note made by the said J. J. to his own order and by him endorsed and delivered, for the sum of $ due on or before five years from , the date thereof, together with interest on said principal sum at the rate of five per cent per annum, payable semi-annually. The name or names of the 4 The above form, although obtained from the practice of IllinoiB, is available for use in general chancery practice. See bill filed in Preese v. Glos, 248 111. 280. 340 EQUITY FORMS owner or owners of the said note are unknown, and upon diligent search and due inquiry the same can not be ascertained; wherefore your orator makes the said person or persons parties hereto by the name and style of "Unknown owners." 4. There are or may be other persons interested in the above de- scribed real estate, whose names are unknown, and whom your orator makes defendants to this bill by the name and description of "Un- known owners." 5. The said tax deed hereinbefore referred to is null and void, for the following among other reasons, which appear in the proceedings of said tax sale and in the application of said J. J. for said tax deed thereon, reference to which said proceedings and application is hereby made for greater certainty: viz.: (Describe the various defects:) 6. On , 19. ., at a tax sale then held in said Cook county, the above described lot was sold for the unpaid general tax for the year 19. ., to one D. A. for the sum of ? , and thereupon a certif- icate of said tax sale was issued to said D. A., and thereafter at some time unknown to your orator the said D. A. made endorsement in blank on the back of said certificate; no redemption having been made from the said tax sale, said J. J. claiming to be the owner of said tax sale certificate, made application to the county clerk of said Cook county for the issuance of a tax deed thereon, to said J. J. and as a part of said application filed said tax sale certificate; and thereafter, and on, to-wit, , the said coimty clerk issued to the said J. J. upon the said application a tax deed to said lot dated , and number which said tax deed was thereafter recorded in the recorder's office of Cook county on in book No of records on page , as document No 7. The said tax deed is null and void for the following among other reasons, which appear in the proceedings for said tax sale, and in the application of said J. J. for the tax deed thereon, reference to which said proceedings and application is hereby made for greater certainty. (DesOTfte the defects.) 8. Notwithstanding the said above recited tax deeds are null and void, nevertheless the same exist of record, uncancelled, are clouds upon the title of your orator and tend to depreciate the value and pre- vent the sale of said real estate. 9. Your orator is ready and willing and hereby offers to pay said J. J. the several amounts of said tax sale and any subsequent tax pay- ments made thereunder, by him, together with lawful interest thereon, and such further sums as equity may require as conditions precedent to the setting aside of said tax deeds as herein prayed: To the end that: 1. (Prayer for answer.) 2. That the said tax deeds of J. J. dated No and No , respectively, and the deed in trust of con- veying said premises to A. A., trustee, may be decreed to be null and void, and cancelled and removed of record as clouds upon the title of your orator in and to the lot hereinabove described. 3. That the said defendants and each and every one of them and all parties claiming by, through, or under them, or any of them, may BILLS TO REMOVE CLOUDS ON TITLE 341 be enjoined and restrained from claiming or asserting any title or interest in or to said lot above described. {Add prayers for general relief, for process, and for injunction.) (Yeriflcation.) MAINE » Form No. 258 BILL TO REMOVE AND PREVENT CLOUD ON TITLE CAUSED BY UNRECORDED DEED a (.Title and Commencement.) 1. On the fourth day of January, 19 . . , one J. G., of Saco, deceased, late husband of the plaintiff, by warranty deed of that date, duly re- corded in the York county registry of deeds, book page ...."..., acquired the title in fee simple to the following described real estate: {Description.) 2. The said J. G., being financially embarrassed and of intemperate habits, it was arranged amongst his family that the land should be deeded to one of the children to hold the same in trust for a homestead of the survivor of them, and after their decease in trust for their chil- dren, the same as though said J. had not parted with title therein. 3. On the fourth day of October, 19.., the said J. accordingly con- veyed said premises to his son O., the said O. paying nothing to said J. in consideration for said conveyance. 4. On the seventh day of March, 19. ., the said J. died, leaving the said O. G., K. G., F. G. and M. G. as heirs of his estate; and ever since the giving of said deed by J. to O., the said premises have been used and occupied as the family homestead first by said J. and the plaintiff during J.'s lifetime and since his decease by the plaintiff. The chil- dren of said J., above named, including said 0., have at various times paid divers sums, amounting in all to about $750, for repairs and im- provements on said homestead and discharge of the debts of said J. 5. The said O. G., on the tenth day of June, 19.., was married to one E. A. S., and during the lifetime of said O., said E. claimed that as his wife she had the right of dower in said premises and denied that said O. held said land in trust. 6. In order to prevent future difficulties, therefore, it was arranged that said K. G. should take a deed in trust of said premises for the life of the plaintiff and then in fee simple in himself after her decease, but said E. refused to release her alleged right of dower unless said K. would give his note for that sum to said E. 7. The said O. did accordingly execute a deed dated March 10, 19 . . , with the above described trust to the plaintiff expressed therein and delivered the same to said K., who presented the same to said E., together with his said note for $200 and requested her signature to said deed and she took the same and agreed to sign said deed but instead thereof, she now holds said deed and note, and refuses to deliver either the note or the deed to said K. 5 The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. 6 Based on allegations of the bill in Gerry v. Stimpson, 60 Me. 186. 342 EQUITY FORMS 8. On the fifth day of September, 19.., O. G. died, leaving other property more than sufficient to pay his debts and A. J. S., one of the defendants, were appointed and qualified as administrator of the estate of said O. 9. The said A. J. S., after obtaining due license therefor proceeded to sell the said premises as part of the estate of said O., at public auc- tion to one E. S.; but before the conveyance was made and executed, the said E. S., on being notified of the existence of the trust upon which said premises were originally conveyed to said O. by said J., refused to take the deed. 10. The said O., while holding the title to said premises, mortgaged them by two several mortgages to one J. M. and said M. assigned said mortgages, and the notes thereby secured to said K. and said K. in turn on the 8th day of February, 19 . . , assigned the same to the plaintiff. 11. All the heirs of said J. G. on the 23rd day of September, 19.., by their deed of that date, conveyed all their right, title and interest in the premises to the plaintiff, the said K. joining as grantor therein. 12. Notwithstanding the premises the said E., though requested, still refuses to deliver up said deed from O. to K., to the plaintiff or to said K. to be by him recorded and delivered to the plaintiff, and the said A. J. S., as administrator, aforesaid, is still endeavoring to sell the said premises as part of said O.'s estate and to turn the plaintiff out of the possession thereof. Wherefore the plaintiff prays: 1. That the said E. G., wife of said O., be ordered and compelled to deliver up said deed executed by said O. to said K. to the plaintiff in order that she may properly record the same and thus remove this cloud from her title. 2. That the said A. J. S., as administrator, aforesaid, may be per- petually enjoined from selling or attempting to sell the said premises by public auction or otherwise, or in any other manner casting a cloud upon the plaintiff's title to said premises or setting up an adverse claim to the same or interfering with her possession thereof. (Add prayers for general relief, for process, and for injunction.) (.Verification.) MASSACHUSETTS ^ Form No. 259 BHiL TO REMOVE CLOUD ON TITLE CAUSED BY BECOBDED BUT UNDELIVERED TRUST DEED (Title and Commencement.) 1. The plaintiffs are seized in fee simple, as tenants in common of certain parcels of land (give description). They acquired their title to said premises through voluntary conveyances from G. B. L., late of Salem, made during his lifetime and after the execution by him of the trust deed afterwards referred to. 2. By a deed of conveyance dated June 22, 19. ., and recorded with Essex Deeds, So. Dist., boot , leaf the said 6. B. L. ' The above form, although obtained from the practice of Massa- chusetts, is available for use in general chancery practice. BILLS TO REMOVE CLOUDS ON TITLE 343 undertook to convey the said premises to J. A. L. Said conveyance was made in trust to pay over to A. S. L., the wife of said G. B. L., during her lifetime, the net rents and profits thereof, and at her death to convey her share in the estate to her heirs at law or to make such dis- posal of it as she should direct by will. A copy of said deed is hereto annexed marked "Exhibit A." 3. The said deed was without valuable consideration paid by the said A. S. L., or any other person, and was never delivered to the said J. A. L., nor to any one for his use and was executed and placed upon record by the grantor without the knowledge and consent of the said J. A. L. and subsequently the said J. A. L. executed an instrument dated June 29, 19.., and recorded with' Essex Deeds, So. Dist., book leaf in which said deed A. S. L. joined in token of their assent thereto purporting to release unto the said G. B. L. the premises described in the foregoing deed; stating that the object of the conveyance was to annul and cancel the aforesaid conveyance, and all trusts, if any, which are or were created thereby, the same never having been assented to or accepted by him; and in order to effectually avoid said conveyance and trusts the instrument also recited that A. S. L., the beneficiary mentioned in said deed of trust aforesaid, re- quested the said J. A. L. to make this conveyance, so that the said premises might vest in said G. B. L. as fully as if he had never con- veyed the same to J. A. L. A copy of this instrument is here annexed marked "Exhibit B." 4. The trust deed aforesaid was delivered to G. B. L. by the Register of Deeds for Essex county and its present whereabouts is unknown, and on and after the date of said deed of G. B. L., and until the said conveyance was made through which the plaintiffs derive their title, the premises remained in the possession of G. B. L. 5. G. B. L. died on the 13th day of September, A. D. 19.., leaving a widow, the said A. S. L., and as his only next of kin, S. P. D., wife of T. P. D., of Boston. 6. Upon the foregoing facts, the plaintiffs are informed and believe that the said trust deed was never delivered and no trust was ever created or established thereby, and that if any trust was ever created by the said deed of G. B. L., the same has been fully discharged, and that no trust will be declared for the benefit of A. S. L. or S. P. D., or their heirs at law or appointees by last will; yet as the said trust deed has been executed and recorded in the registry of deeds for the county of Essex, a cloud or suspicion is thrown upon the title of the plaintiffs to the said real estate whereby the plaintiffs are liable to lose the sale of the whole of the said real estate to parties who would have purchased the same of the plaintiffs at a valuable price, in con- sequence of the fear entertained by the purchasers that the title is not good by reason of the existence of the said trust deed upon the record as aforesaid, and who, in consequence thereof, may refuse to complete the purchase and take a deed of the premises as they other- wise would do. The plaintiffs pray: 1. That it may be adjudged and decreed that the trust deed from B. G. L. to J. A. L., aforesaid, was never delivered and is null and void; that the trusts therein declared have never attached to the property 344 EQUITY FORMS therein described and that the said deed did not and can never operate as a declaration of trust for the benefit of the parties named therein as beneficiaries. 2. That it may be adjudged and decreed that the plaintiffs are seized in fee simple as tenants in common of the premises described in said trust deed, and hold their said title to the same free from any trust in favor of the persons named in the said trust deed as beneficiaries, to-wit, the heirs at law or appointees under the last will of A. S. L., and that such is the validity, nature and extent of the plaintiff's title as against all the parties defendant. (.Add prayer for further relief.) MARYLAND » Form No. 260 BILL TO REMOVE CLOUD ON TITLE CAUSED BY EECOEDED VOLUNTARY DEED (Title and Commencement.) 1. Your orators are the owners in fee simple and are in possession of a tract of land, situated in , state of Maryland, the title to which they acquired in good faith and for a valuable consideration, by a deed to them from a certain G. R. B. and H. B., his wife, duly exe- cuted and bearing date the 15th day of March, 1906, and duly recorded among the land records of county aforesaid, on the 16th day of March, 1906; and your orators file herewith', as a part hereof, a duly certified copy of said deed marked "Exhibit A." 2. After the execution, delivery and recording of the aforementioned deed to your orators as aforesaid, to-wit, on the 17th day of March, 1906, the defendant, L. E. B., who is married to the defendant, R. P. B., filed for record among the aforesaid land records, an instrument of writing purporting or pretending to be a deed bearing date the 23rd day of January, 1906, from the sai"! G. R. B., and pretending to convey the aforesaid land to the defendant, the said L. E. B., a duly certified copy of which pretended deed is herewith filed, as a part hereof, marked "Exhibit B;" and your orators are informed and believe, and therefore charge that the said pretended deed is wholly without any legal consideration, and that no consideration whatever for the same or for the land mentioned herein ever passed from or was paid by the said L. E. B. or any one in her behalf, unto the said G. R. B., or to any one in his behalf; and that the defendants or either of them is not entitled in law or in equity to said land, and that the legal as well as the beneficial title to the same is vested absolutely in your orators. 3. Said pretended deed unless set aside and annulled by this Hon- orable Court, is and will continue to be a cloud upon your orators' title to said land. To the end, therefore, (a) That the said pretended deed or instrument of writing pur- porting to have been made and executed on the 23rd day of January, 8 The above form, although obtained from the practice of Maryland, is available for use in general chancery practice. BILLS TO REMOVE CLOUDS ON TITLE 345 1906, by the said G. R. B. to the said L. E. B. may be annulled and set aside by a decree of tliis Court. (Add prayers for general relief and for process.) (Optional, affidavit.) MICHIGAN Form No. 260a BILL TO CANCEL LAPSED OPTION AGREEMENT AS A CLOUD. ON TITLE sa (Title and Commencement.) 1. Your orator is the owner, in fee simple, of (insert description of land), and has been such owner for years now last past. 2. Heretofore, on or about the day of , A. D. 19. ., while your orator was such owner as aforesaid, he made an agreement in writing with one J. B. for the sale of the said land and premises, in substance, tenor and effect as follows: (insert copy of contract). 3. Afterwards, on the day of , A. D. 19. ., the said J. B. caused the said agreement in writing to be recorded in the ofiSce of the Register of Deeds of the said county of in liber of deeds, at page as in and by the record thereof, now remaining in the said Register's office, and whereto reference is prayed, will fully appear. 4. Afterwards, on or about the day of A. D. 19 . . , the said J. B., having made default In the terms and conditions of the said agreement in writing and having failed to make any payment thereon, your orator, as he was lawfully authorized to do, declared the said contract to be void by reason of such default, and resumed full possession thereof. 5. Your orator thereupon applied to the said J. B. and requested him to execute a release in writing of the said agreement, in order that the same might be discharged of record, and to surrender the said agreement to be cancelled; but so to do the said J. B. hath hitherto refused and still doth refuse. 6. The said record of the said agreement constitutes a cloud on the title of your orator to the said land and has the effect to greatly depreciate the value thereof and to prevent your orator from making sale of the same or of any part thereof. I. In consideration whereof, your orator prays that (prayer for answer). II. That the said agreement in writing may be decreed to be null and void and to be a cloud upon the title of your orator to the said land and to be delivered up to be cancelled. III. That the record of the said agreement now remaining in the office of the Register of Deeds aforesaid be discharged and decreed to be null and void. IV. That your orator may have leave to cause such decree to be recorded in the office of the said Register of Deeds for the county of V. And that (prayer for general relief). saThe above form, though obtained from the practice of Michigan, Is available for use in general chancery practice. See also Form No. 101, ante, p. 100. 346 EQUITY FORMS NEW JEBSEY » Form No. 261 BILL TO REMOVE CLOUD ON TITLE {Title and Commencement.) 1. M. S. v., late of who died on the day of 19. ., by her will duly proved before E. W. J., Esquire, Surro- gate of the county of , on the. day of , 19. ., and recorded in book of wills, page devised to your orator, her nephew and also her heir at law, a certain tract of land: {Insert description.) 2. The said M. S. V. derived title to the said tract of land by virtue of a certain conveyance {describe it), and at the time of her death had held and enjoyed by virtue of the title vested in her by the salt, deeds uninterrupted, open, continued and adverse possession of the said tract for more than thirty years immediately prior thereto. 3. The said M. S. V. paid to the said E. W. R. for the tract so con- veyed to her by him the sum of dollars, which was a full valuable consideration therefor, and the tract so conveyed to her by the said E. W. R. is described in the deed as follows: {G-ive descrip- tion.) Said deed was a warranty deed with the usual covenants. 4. {State in detail claims of the defendants to the land.) 5. For the reasons hereinbefore set forth your orator is advised and believes that the said {naming defendants) may claim title to or some interest in the said tract of land hereinbefore described, and devised by the said M. S. V. to your orator, or in some part thereof, but no suit or action whatever is pending to enforce the validity of such title or interest, and your orator charges that the said claims are utterly without foundation, unjust and vexatious. 6. By reason of such claims the title of your orator to the said tract of land is greatly affected and the same cannot be sold as it otherwise could. The said M. S. V. on or about the day of 19. ., agreed with one F. J. W. to sell and convey to the said F. J. W. the said tract of land in consideration of the simi of dollars. The said F. J. W. and your orator both deside to carry out the said agree- ment, but the said F. J. W. has refused and declined to do so on account of the claims made by the said {naming defendants) , who are defend- ants herein, and his apprehension that he might have difiBculty in dis- posing of the said land on account of the defendants' said claims, and the said F. J. W. is willing to comply with the said contract and to pay the purchase money upon receiving a title for the said lands, free and clear of all encumbrances. To the end therefore: {Prayer for answer), and more particularly that they and every of them may in manner aforesaid answer and set forth specifically what title or claim to the said tract of land or any part thereof, or any interest therein, they or either of them, make or claim, and to what part, or what interest, and further by what instruments such title or claim is derived, or was created. 9 The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. BILLS TO REMOVE CLOUDS ON TITLE 347 2. That by the final determination and decree of this Court, the rights of all parties to this suit, in and to the said tract of land herein- before set forth, and every part thereof, may be fixed and settled, and that your orator may be decreed to have a perfect title thereto, and the defendants to have no estate, interest therein or encumbrance thereon, or in or on any part thereof, and that their claims to the same are unjust, vexatious and void. (Add prayers for general relief and for process.) PENNSYLVANIA 10 Form Ko. 262 BILL BY DEVISEE TO REMOVE CLOUD ON TITLE (Title and Commencement.) 1. Your orator's husband, B. F., then a resident of the county of , In the state of Pennsylvania, died on the day of 19.., seized in fee simple of the premises hereinafter de- scribed, having first made his last will and testament dated the day of , 19.., duly proved on the day of , 19. ., and registered at the oflSce of the Register of Wills in and for the said county of , in will book No {etc.), wherein inter alia he devised his estate as follows: "I give, devise and be- queath to my dear wife, A. B., her heirs and assigns forever, all my estate, real, personal and mixed, wherever the same may be situate." 2. The premises hereinbefore referred to are described as follows: (Description.) 3. Your orator is advised that her right, title or right of possession to said premises is disputed and denied by the following named defend- ants: (Namesi of parties.) i. The said claim of the said defendants is a cloud on the title of your orator; is injurious to said title, embarrasses the same and pre- vents sale of said real estate by your orator because of the uncertainty as to her right and title to which she may be entitled under the said will. Your orator needs equitable relief and prays: First. That your Honorable Court will grant a rule on the above named defendants so denying said right and title or right of possession, to appear at a time to be therein named and show cause why an issue should not be framed in said Court between your orator and said per- son or persons, to settle and determine their respective rights and title in and to said premises. Second. That if upon the hearing of such rule it shall appear to the Court that the facts set forth in this complaint are true, the Court will frame an issue of such force as the Court shall deem proper be- tween the respective parties to settle and determine the right and title of the respective parties to said land. Third. That an order may be made for the service of the above- recited rule and a copy of said bill upon said person or persons as are not residents within the jurisdiction of this Court at their residence or 10 The above form, although obtained from the practice of Pennsyl- vania, is available for use in general chancery practice. 348 EQUITY FORMS place of business outside of tliis county or of this state in accordance with the provisions of the acts of Assembly in such case made and provided. Fourth. That if any person shall neglect or refuse to appear at such return day after twenty days service of such rule and a copy of this bill or haying appeared shall refuse to join in such issue your Honorable Court may proceed to determine the rule and award and proceed with the issue in like manner as if such person or persons had appeared therein and proceed to enter judgment accordingly. (Add prayer for general relief.) RHODE ISLAND For bill to remove cloud on title see Chap. LII, ante, p. 105. VERMONT 11 Porm No. 263 BILL TO EEMOVE CLOUD ON MORTGAGEE'S FORECLOSURE TITLE CAUSED BY MORTGAGOR'S SUBSEQUENT DEED (Title and Commencement.) 1. The defendant, B. A. H., on the 21st day of February, 19 . . , was justly indebted to the L. C. Savings Bank, a corporation existing under the laws of Vermont and located and doing business at said H. P., in the sum of $15,000, specified in five promissory notes described as fol- lows: (Give description of notes.) 2. In order to secure the payment of said notes according to their tenor, the said B. A. H. and his wife, N. B. H., on the 21st day of Feb- ruary, A. D. 19.., by their deed of that date by them duly executed, did convey to the L. C. Savings Bank the following described lands in J.: (Give description.) 3. Said notes and mortgage were subsequently duly assigned and transferred by said Savings Bank to your complainant. 4. Said notes were not paid according to tenor, and at a term of Court of Chancery in and for the county of L., on the first Tuesday of December, 19.., your complainant preferred its bill of complaint against said B. A. H. and N. B. H., his wife, praying for a foreclosure of said mortgage and for a writ of possession, and thereupon the decree of said Court was made on the day of , 19 . ., in accord- ance with the prayers of said bill, a copy of which decree is hereto annexed, marked "Exhibit A." Your complainant took possession of said premises by virtue of said decree and ever since has been in pos- session of the same. 5. Neither the said B. A. H. nor his wife, N. B. H., has ever paid any part of the $12,023.56, the sum found due in equity, and at the expiration of the time of redemption and on the second day of January 19.., said decree was duly recorded in the land records of the town of J. in said county. 6. The defendant, B. A. H., from the time of bringing the first peti- tion of foreclosure to the time of preferring this bill of complaint, has 11 The above form, although obtained from the practice of Vermont, is available for use in general chancery practice. BILLS TO EBMOVE CLOUDS ON TITLE 349 sought In various ways to embarrass your complainant in its use and enjoyment of said property and its title thereto, by publicly announcing that its title to said property was not valid, that service of process had not been properly made, that it was unsafe for any one to purchase of your complainant said property because of the uncertainty as to title and irregularity of process, and that, to still further embarrass your complainant, said B. A. H. by deed purporting to be dated August 14, 19.., and as your complainant is informed and believes, without consideration did deed to his daughter, Mrs. J. S., by his deed of war- ranty, all of the land and premises described in the petition above set forth, a copy of which is hereto annexed and marked "Exhibit B." The execution of said deed was unknown to your complainant and said deed was not recorded until July 16, 19. .. 7. Said deed to Mrs. J. S. is a cloud upon the title derived under said decree above referred to and possession taken thereunder, and prevents your complainant from disposing of said property at its fair market value and hinders it from conveying said property and pre- vents it from selling the same and conveying title thereto as freely as it otherwise could, and operates as a constant embarrassment to your complainant. 8. Your complainant had no knowledge of any right or title being claimed to said property by the said Mrs. J. S. until after July 16, 19. ., the date on which said deed from B. A. H. to his daughter was recorded in the land records of the town of J. And your complainant avers upon information and belief, that said deed was executed at the date above indicated and the knowledge thereof kept from your complainant and recorded as above indicated for the sole purpose of embarrassing your complainant in prosecuting its petition above referred to, and of casting a doubt or cloud upon the title to the property sought to be obtained by such foreclosure, and for no other purpose. 9. Your complainant further avers that the said B. A. H. and his said daughter threaten to further embarrass it by making a further conveyance of said property and further cloud its title to said property by placing other deeds and conveyances on record relating thereto and by threatening to bring suits or institute litigation against any pur- chaser of said property from your complainant or any persons acting for or entering upon such land under the authority of your complain- ant, and by instituting proceedings at law or in equity against your complainant in relation to the property described in the foregoing decree. 10. Defendant, J. A. S., is the husband of Mrs. S., and as such hus- band may claim an interest in said premises covered by said decree, and defendant, N. B. H., is the wife of B. A. H., and is acting for de- fendant, B. A. H., as his agent, in the management and disposition of the property covered by said decree, and claims some right in said property by virtue of her marital relation and as such agent. Wherefore, and in consideration whereof, and forasmuch as your complainant can only have adequate relief in a court of equity, to the end. that title to all of the property covered by said decree may be quieted in your complainant and that it may not be further hindered 350 EQUITY FORMS or embarrassed in its use or sale of said property, your complainant prays: 1. That the deed from B. A. H. herein referred to may be can- celled and made void. 2. That an injunction may issue against the defendants named herein, restraining them and each of them from further attempting to convey or encumber in any way the property covered by said decree and from asserting any title thereto against the title and right of the complainant until the further order of this Court; and that said defendants be restrained and enjoined from instituting any proceed- ings in law or in equity touching the subject matter of the foregoing petition or in regard to the property described therein until the further order of this Court. 3. That the record of said order and decree, in the land records of the town of J. shall operate as a conveyance of the aforesaid lands and premises to your complainant and a nullifying of said pretended deed. (Add prayers for general relief and for process.) (Verification.) WEST VIRGINIA 12 Form No. 264 BILL TO BEMOVE CLOUD ON MOBTGAGEE'S FOBECLOSUBE TITLE CAUSED BY A SUBSEQUENT CHANCEBY PBOCEEDING (Title and Commencement.) 1. On the day of 19 . . , one O. P., then in life was the owner of a tract of land (description) . 2. Being such owner of said land he on the said day executed a deed of trust to one J. W. D. on said land to secure to J. E. R. the payment of a certain sum of money in said deed of trust mentioned. 3. At the time of the execution of said deed of trust and afterwards the said O. P. was largely indebted to one A. L.; and the said A. L. having departed this life before said debt or any material part thereof had been paid to him, his executor, one R. M. L., on the day of , 19.., instituted an action of debt against the said O. P. for the collection of said debt; on the day of , 19. ., said executor recovered judgment against said O. P. for the sum of and costs and on the day of , 19 . . , had the said judgment duly recorded upon the judgment lien docket of the County Court Clerk's office of said county, and on the day of , 19. ., the said R. M. L. instituted a suit in chancery upon said judgment, against the said O. P., said bene- ficiaries of said deed of trust (the said trustee having departed this life long before the institution of said suit and without having executed said deed of trust), as well as the other lien creditors of the said O. P., said cause was fully matured and referred to one of the Com- 12 Adapted from bill in Perry v. McDonald, 69 W. Va. 619. The above form, although obtained from the practice of West Vir- ginia, is available for use in general chancery practice. BILLS TO REMOVE CLOUDS ON TITLE 351 missioners of said Court, who fully reported therein to said Court and whose report was in all things confirmed and a decree of sale had against the said tract mentioned herein, on the day of 19. ., and H. C. R. was appointed a Special Commissioner to sell the said tract; a duly attested copy of said decree is herewith filed marked "Exhibit A" and made a part of this bill. Said sale was continued from time to time by the said Commissioner in order to allow the said O. P. to pay off said debt without a sale of his lands. 4. On the day of 19 . ., the said O. P., having departed this life, without having paid said debts or any material part thereof, on the day of , 19.., a scire facias was awarded against one B. M., who had been appointed and duly qualified as administrator of the personal estate of the said O. P., M. A. P., widow, M. P. and W. P., children and heirs at law of said O. P., to show cause, if any they could, why said suit should not be revived and said sale made under said decree, and said cause was revived against said administrator and heirs at law of the said O. P., and they showed no cause why said sale should not be made under said decree. 5. The said Special Commissioner gave notice of sale as required by said decree, and by virtue of ■ said decree did on the day of , 19. ., sell the said tract of land, at which said sale one B. M. became the purchaser for the sum of ? ; which said sale was reported to the said Court and in all things confirmed and a deed directed to be made to the said B. M. or to any one whom he might direct, upon the payment of the purchase money as aforesaid; and upon the day of 19 . . , the purchase money having been fully paid and the said B. M. having so directed, the said Special Commissioner as aforesaid made to one W. W. M., a proper and apt deed and acknowledged and delivered the same for record. 6. The said W. W. M. departed this life intestate on the day of , 19.., leaving as his heirs at law these plaintiffs as well as the infant defendants herein, and the said plaintiffs and the infant defendants are now in the actual and physical possession of the said tract of land herein mentioned, by open, visible, exclusive and adverse possession by a tenant actually residing on said tract, placed there by said plaintiffs and infant defendants. 7. On the day of , 19. ., the defendant, G. R. M,, long after the institution of the suit and the rendition of the decree of sale under which these plaintiffs derive title, instituted a suit in chan- cery in the Circuit Court of said county, against M. A. P., widow of O. P., deceased, M. P. and W. P., children and heirs at law of said O. P. and then infants, to compel the specific performance of an alleged contract of purchase of the said tract of land herein mentioned, in the lifetime of the said O. P., which said contract if any and in writing was never placed upon record nor exhibited to the Court; and in said suit he made none of the parties mentioned In the creditors' suit of R. M. L., executor, against O. P. et al. parties. On the day of , 19. ., he obtained a decree for the said tract of land mentioned herein and on the day of , 19. ., one J. B. E., who was appointed a Special Commissioner 35li EQUITY FOEilS for the purpose conveyed to the said G. R. M. the said tract of land mentioned herein by deed dated on the day of 19. .. 8. Plaintiffs charge that the said G. R. M. took no valid title to the said land by said deed; and that the title of these plaintiffs and infant defendants derived from the purchase of the said W. W. M., is in every way superior; but that the deed to the said G. R. M., having been placed upon the records of this county by the said G. R. M., is a cloud upon the title of these plaintiffs and infant defendants in these premises, and tends to depreciate the value and sale thereof. Plaintiffs, therefore, pray that the said deed of conveyance from the said J. B. E. to the said G. R. M., bearing date on the day of , 19.., as aforesaid, to the premises aforesaid, may be set aside and declared void as against these plaintiffs, as a cloud upon the title of these plaintiffs herein, and that the said deed may be delivered up to be cancelled. (Add prayer for general relief.) NEW JERSEY Form No. 264a BILL TO QUIET TITLE i (Title, Address and Commencement.) 1. That on or about February 23, 1917, the complainant pur- chased from B, for a full and valuable consideration, and the said B conveyed to him by deed contained full covenants of warranty and seizen, the fee simple in and to premises situate, lying and being in the City of Newark, Essex County, New Jersey, described as follows : (Description of property.) 2. Said deed is in complainant's possession, and is ready to be produced and proved, as may be directed. 3. Said deed was made in pursuance of a contract between said parties, which contract contemplated and required by its terms the conveyance of the title to the above described premises, free from all encumbrances. 4. That the title of the said B, at and before the time of said conveyance, covered only a term of years, not yet expired, which term of years was acquired by the said B and his predecessors in title, and held by them under and by virtue of a lease made by the Rector, Church "Wardens and Vestrymen of Trinity Church, Newark, to , which lease bears date May 8, 1827, and is recorded in the Essex County Register's Office, in Book V 2 of Deeds for said County, page 437, to the record of which or a certified copy of the same now in complainant's possession ready to be produced and proved as directed, will appear, and to which complainant for greater certainty refers. 5. That complainant, on February 7, 1917, for the purpose of ac- 1 Available in general chancery practice. For answer to this bill, see Form N. 530-a; and for special replication, see Form No. 530-b. BILLS TO REMOVE CLOUDS ON TITLE 353 quiring title in fee simple to the premises above described, purchased the reversionary interest of the said Rector, Church Wardens and Vestrymen of Trinity Church, Newark, for a full valuable considera- tion, and received from it a deed of quit-claim, bearing date Febru- ary 7, 1917, releasing unto him, and to his heirs and assigns, the premises above described, which deed of quit-claim is in complain- ant's possession, and ready to be produced and proved as may be directed. 6. Complainant has ever since the execution and delivery of said deeds been in the peaceable possession of the lands therein and above described, and complainant's predecessor in title has been in peace- able possession of the lands therein and above described from July 1, 1892, until the conveyance to complainant, and that at the time of purchasing said lands and taking said deeds, be believed and yet be- lieves he bought and acquired a perfect title to said lands in fee simple, and has always and does now claim to own the same accord- in^y. 7. Complainant's title to said land or some part thereof is denied and disputed by C and D, his wife, E and F, her husband, who are the defendants in this suit, who claim and are reputed to own said lands or some part or interest therein. 8. No suit or action of any kind whatever is pending to enforce or test the validity of such title or claim, and complainant charges that such claims so made by defendants are without foundation, unjust, vexatious and void. 9. Complainant has endeavored to effect a loan by way of mort- gage covering said lands, and is advised that on account of the claims made by the defendants, no such loan can be granted, and he is ad- vised that until such claims be released or otherwise disposed of, hia title is imperfect and unmarketable. Complainant has applied to the said defendants to release and relinquish their said claim or claims, or to bring in some court of law a suit which would test the validity thereof, and said defendants refuse to do either. Complainant is without remedy in the courts of law, and there- fore prays: 1. That the said C and D, his wife, E and F, her husband, who are the defendants to this suit, may answer this bill of complaint and each statement herein made. 2. That the said defendants and every one of them answer and set forth specifically what title or claim to said lands or any part thereof, or any interest therein they or either of them make or claim, and to what part or what interest; and further, how and by what Instrument such title or claim is described or was created. 3. That the rights of all the parties to this suit in and to the lands hereinbefore set forth and every part thereof, may be fixed and settled, and that complainant may be decreed to have a perfect title thereto, and the defendants to have no estate, interest in or encum- brance on said lands or any part thereof, and that their claims to the same are without foundation, unjust, vexatious and void. 4. That complainant may have such other or further relief as the nature of the case may require. 354 EQUITY FORMS 5. That a writ of subpoena may issue commanding said defend- ants to answer this bill of complaint, and to abide by such decree as this court may make in the premises. {Signature.) CHAPTER XVI BILLS FOR CONSTEUCTION OF WILLS DELAWARE ^ Form No. 265 BILI. OF INTEKPLEADER AND FOR CONSTRUCTION OF WILL (Title and Commencement.) 1. "W. B., late of , died on the day of A. D. 19. ., having first made his last will and testament, bearing date the day of , A. D. 19. ., which was duly admitted to probate by the Register of Wills, in and for New Castle county afore- said, and now remains on file and of record in his office, and your orator prays that a duly certified copy of the said will hereto annexed and marked "Exhibit A," shall be taken as a part of this bill of complaint. 2. On the day of A. D. 19. ., his widow, E. B., a beneficiary under the said will died, having first made her last will and testament, dated the day of , 19. ., which after her death was duly admitted to probate by the Register of Wills, in and for New Castle county aforesaid, and now remains on file and of record in his office, and your orator prays {etc.) 3. Letters testamentary upon the estate of the said W. B. were duly granted by the said Register of Wills unto your orator, and upon the estate of the said E. B. unto J. H. B. and A. L. B., two of the defend- ants, and the executors of the estates of the said decedents have entered upon the performance of their duties as such. Your orator is desirous of completing the settlement of W. B.'s estate in accordance with the will of the said decedent and of fully performing all its duties in the premises as rapidly as possible, and of passing its final account in the said estate before the said Register of Wills. 4. Your orator annexes hereto a duly certified copy of the inventory and appraisement and a list of debts and credits due and belonging to the estate of the said W. B., deceased, together marked "Exhibit D," which it prays may be taken as a part of this bill of complaint. 5. As will appear from "Exhibit D" hereto annexed, by far the greater portion of the estate of the said W. B., deceased, was, at the time of hjs death, and is now, invested in interest bearing and dividend paying securities. 6. Your orator is unable to complete the settlement of the estate in accordance with the terms of the will of the said W. B. deceased, because it has not in hand, and cannot obtain by a realization at present upon the securities held by it as executor, exclusive of the capital stock of the F. M. H. Company, later referred to In paragraph eight of this 1 The above form, although obtained from the practice of Delaware, iB available for use in general chancery practice. 355 356 EQUITY FORMS bill, a sufiBcient sum of money to pay and liquidate in full all the be- quests and legacies given by the said will to the various legatees and beneficiaries thereunder, some of the securities held being of little value, and many of the same, since the inventory and appraisement, having depreciated in market value; and exclusive of the value of the said capital stock of the F. M. H. Company, there would be a deficiency to be made up by general contribution of the legatees and beneficiaries, or by a reduction in the amount paid to all, or to some of them; and the inability of your orator to distribute and pay over the assets of the said estate is further complicated and embarrassed by the conflicting claims of the defendants above named, all of whom are residents of the said city of Wilmington and entitled as beneficiaries and legatees under the wills of W. B. and B. B. regarding the validity and invalidity of certain bequests in the said will, and the uncertain and conflicting claims as to what amounts are legally payable to the said legatees and beneficiaries in the said will of the said W. B., deceased. 7. It is claimed by some of the beneficiaries, legatees and parties in interest under the said will, the defendants above named, that the direction given in the 18th item of said will, that the trustees should accumulate the income of the residue until all the grandchildren of the testator should reach the age of thirty years (there being surviving children of the said testator) is invalid and void, as being in conflict with the rule against perpetuities. 8. It is claimed likewise, as aforesaid, by some of the persons afore- said, that certain capital stock of the F. M. H. Company, referred to in the second paragraph of the 18th item of the said will, is, by the language of the said paragraph, impressed with a special trust in favor of the testator's grandchildren, and by others of the said persons that the said capital stock is a part of the general fund for the payment of debts and legacies and to be treated as residue of the said testator's estate, in the ordinary sense and meaning of the term. (.Paragraphs 9, 10, 11, llo, contain similar statements of conflicting claims.) ' 12. Your orator has endeavored to reconcile these conflicting claims and determine them with satisfaction to the parties in interest, but without success, holding meanwhile the assets of the said estate; and in compliance with what your orator understands. to be the wish of all the parties in interest, it now files this bill to obtain from this Honor- able Court a construction of the aforesaid apparently conflicting provi- sions of the said will, and its instructions to it as executor and trustee as to how its full duties in the premises may be performed, and that the said defendants may interplead and determine through the decision of this Honorable Court what are their several and respective rights in the premises. 13. Your orator not knowing or being able to determine what amounts should be respectively paid to the various beneficiaries under the said will, and claiming itself no interest whatever in the premises, except to properly perform its duties as executor and trustee and avoid double liability and a multiplicity of suits, and being under jio liability to any of the said parties beyond that which arises from its legal title as executor or trustee to the property, respecting which the said various counter and conflicting claims are made, and being in doubt as to BILLS FOE CONSTRUCTION OF WILLS 357 which of them the property and money should be paid and delivered, and being unable to safely pay the same to any of the persons named as defendants hereto, without risk of being made liable to the others or some of them, files this, its bill of complaint, being advised and believ- ing that it has no adequate remedy whereby to protect itself from pos- sible liability, and to determine what are the respective rights of the parties in the premises, and to obtain a construction of the said will as to how its duties may be properly performed, save through the in- terposition and invoking the aid of this Honorable Court, respectfully expressing and declaring its readiness to comply with such order and decree as this Honorable Court may make in the premises, prays as follows :. 1. (Prayer for answer.) 2. That all said defendants may interplead, one with another, and that this Honorablfe Court may adjudge and decree how the moneys and property in the hands of your orator should be applied and that your orator may be protected and saved harmless on such application as may be decreed by this Honorable Court. 3. That this Honorable Court shall instruct by its decree how the said moneys and property, now in the hands of your orator, should be applied, construing the provisions of the said will respecting the prem- ises and instructing your orator as to the manner in which it may fully and properly perform its duties as executor respecting the various contentions raised by the beneficiaries in the said will. (Add prayers for general relief and for process.) (Verification.) ILLINOIS ^ Form No. 265a BILL BY TESTAMENTARY TRUSTEES FOR INSTRUCTIONS AND FOR CONSTRUCTION OF WILL (Title and Commencement.) 1. R. S., late of the city of Chicago, in the said county and state, died on the day of 19 . . , leaving a last will and testa- ment, dated 19. ., which was duly admitted to probate by the Probate Court of Cook county, in the state of Illinois, on the (Jay of , 19. ., a copy of which said last will and testament is attached hereto, marked "Exhibit A." Letters testamentary were duly issued to complainants as executors under the will and of the estate of said R. S., deceased, by the Probate Court of Cook county, in the month of 19 . . ; and complainants also accepted the trusts imposed upon them by the said will, and have been and now are, acting as trustees of the residuary estate of the said R. S., deceased, under the 20th paragraph of said will. 2. By the said 20th paragraph, the said testatoj- gave said complain- ant, as trustee, divers sums of money and real estate and other prop- 2 See bill in The Merchants Loan & Trust Company et al. vs, The Northern Trust Company et al., impleaded with Marshall Field et al., 159 111. App. 45. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 358 EQUITY FORMS erty in trust, for certain beneficiaries named in said paragraph of said will. The said 20th paragraph is as follows: (Quote it.) 3. The testator left a very large estate, consisting in part of real estate in the city of Chicago, and elsewhere in the state of Illinois, and in the states of Wisconsin and Washington, said real estate having a value of not less than $ . After the payment of all debts and legacies the whole of the remaining property belonging to said estate, having a value of not less than | is to be disposed of under the 20th article or paragraph of said will. A large portion of said resid- uary estate has already come into the hands of complainants as trus- tees, and the balance of said residuary estate will come into their hands as trustees in the near future, upon the settlement of the estate of said testator in the Probate Court of Cook county. Said residuary estate consists in part of real estate as above mentioned and in part of bonds, promissory notes, stocks of corporations and other personal property, including stocks of railroad corporations and stocks of indus- trial companies, some of said corporations being incorporated under the laws of Illinois, and some of them under the laws of other states of the United States. For the proper management of the residuary trust estate, it has become necessary for complainants to reinvest con- siderable sums of money belonging to said residuary trust estate, and in the future, from time to time, it, will be necessary for the proper care, custody and management of said residuary trust estate for com- plainants to make large investments of money in their hands as trus- tees. Complainants have already invested a portion of said residuary trust estate in real estate situated in the city of Chicago, and a part in new issues of stocks of railroad corporations which have been issued since the death of the testator by companies in which the testator at the time of his death owned shares of stock, which were turned over to complainants and held by them as a part of said residuary trust estate, said new stock so acquired and purchased being issued by the said companies pro rata to existing stockholders at the par value thereof, the market value of such new stock being, at the time of the taking thereof by complainants and ever since and at the present time, in excess of such par value, and it having been the opinion and judgment of complainants that it was for the interest of said trust estate that complainants should subscribe for and take their pro rata share as trustees as aforesaid of the new stock issued by said corporations. 5. Testator in his lifetime kept his estate invested approximately one-half in real estate and one-half in personal property, as aforesaid; and in the opinion of complainants it is important and necessary for the advantageous management and investment of the said residuary estate, considering the amount thereof, and the long duration of the trust, that the investment of said residuary estate by the trustees under the said will should be made substantially in the same classes of property as it was invested in by the testator at the date of his death. 6. The provisions of the said will in regard to the investments to be made by the trustees, not only of the residuary estate, but of the other trust funds established by the said will, are expressed in general terms, and the powers of said trustees in regard to investments are in some respects not entirely clear and free from question or doubt. BILLS FOR CONSTRUCTION OF WILLS 359 Question has been raised as to the power of complainants to, invest funds in their hands as trustees in real estate and also as to their power to subscribe for and take their vro rata share of new stock in corporations stock in which was owned by the testator at the time of his death, even where such new stock is issued at par, and where the value thereof is largely in excess of the par value thereof. These questions are embarrassing to complainants in connection with the proper management and investment of the said trust estate in their hands; and it is important for said estate and for complainants to have all doubts and questions with reference to the power of com- plainants to make said investments and other similar investments re- moved and set at rest. , 7. The said R. S. left him surviving {naming all the heirs and next of kin and their relationship to R. 8.) ; also his widow, D. S., but said D. S. has no interest in said residtiary estate, or in this proceeding. The following persons (naming them), are the only persons now in being who are or may be beneficiaries under the residuary trust created by the said last will and testament of R. S., deceased; but the N. H., a corporation organized under the laws of the state of Illinois, and formerly known as the C. M., may also be a beneficiary under said residuary trust. The foregoing persons and corporation, together with your orators as residuary trustees named in said will, in equity stand for and represent all persons and corporations who may hereafter be- come entitled to an interest in said residuary trust estate. 8. Complainants therefore make defendants in this bill {naming them), and pray: 1. {Prayer for answer.) 2. That a guardian ad litem may be appointed for the defendants {naming them), all of whom are minors. 3. That a decree may be entered herein, ratifying and confirming the investments hereinbefore stated, and construing the said will of R. S., deceased, as to the powers therein conferred upon complainants as trustees, and as to the classes and kinds of property in which they may invest the trust funds comijig into their hands from time to time, and as to whether the powers conferred by said will upon complainants include the power to invest the trust funds coming into their hands in real estate without as well as within the state of Illinois, and in stocks of corporations organized under the laws of Illinois, as well as of cor- porations organized elsewhere. (Add prayers for general relief and for process.) MAINE 3 Form No. 266 (a) BILL BY LEGATEE FOE CONSTEUCTION OF WILL {Title a:nd Commencement.) 1. S. J. L. died on the twenty- fourth day of June, 19.,, leaving a last will and testament dated the twenty-first day of September, 19.., 3 The above forms, although obtained from the practice of Maine; are available for use in general chancery practice. 360 EQUITY FORMS a copy of which marked "Exhibit A," is hereto annexed and made a part of thiB bill. 2. Said will was on the twentieth day of September, 19 . . , duly proved and allowed In the Probate Court for said county of , and defendant, A. F. M., of said P., was appointed and qualified as ad- ministrator with the will annexed. 3. By the terms of said will the said S. J. L. made to her niece, the plaintiff, the following bequest among others, viz.: "Third, I give and bequeath to my said niece the proceeds from the sale of the bond of the city of P., which I own after deducting therefrom the amount of a certain note by me signed for four hundred dollars for which the said bond is understood to be security." 4. At the date of said will, September twenty-first, 19. ., the amount of the notes for which said bond was held as security was four hundred dollars. This amount was subsequently increased by the testatrix to seven hundred dollars; but on the seventeenth day of April, 19.., the testatrix paid the entire sum of seven hundred dollars and took up the notes leaving the said bond which is valued in the appraisal of the estate at twelve hundred and twenty dollars, free of all encumbrance. 5. The assets of the estate of said S. J. L. will be insufficient after the payment of debts, expenses of administration, cemetery lot and gravestone and the payment of the entire proceeds of said bond to said L. L. B. to pay certain other general legacies contained in the will, of five hundred dollars to defendant, W. L., and one hundred dollars to defendant, F. B., and though requested the said administrator has refused to pay over to the plaintiff the entire proceeds of said bond without a construction of the said will by the Supreme Judicial Court and an order of Court therefor. Wherefore the plaintiff prays: 1. That the Court will construe and interpret the provisions of said will and particularly determine: 1st. Whether said bequest to the plaintiff of the proceeds of said bond was a specific legacy which should take precedence of the two general legacies. 2nd. If said bequest was specific whether she is entitled under said will to the entire proceeds of said bond as it stands freed from its original incumbrances by the subsequent act of the testatrix or only to the proceeds of said bond after deducting therefrom the sum of four hundred dollars. , 3rd. If said bequest was not specific, how the proceeds of said bond shall be apportioned between herself and the other legatees. {Add prayers for general relief and for process.) Form No. 267 (b) BILL BY TESTAMENTARY TEUSTEE FOE CONSTEUCTION OF WILL AND FOE PEEMISSION TO CHANGE INVESTMENTS * (.Title and Commencement.) 1. E. F., late of said P., deceased, was at the time of making his will and at his death, seized and possessed of divers lands, tenements * Prom bill in Baxter v. Fox, on file. Clerk's Office, Supreme Judicial Court, Cumberland county. BILLS FOR CONSTRUCTION OP WILLS '361 and hereditaments, and was at the same time possessed of and entitled to a very large personal estate, consisting of valuable stocks, bonds, mortgages and other valuable securities and effects. Being so seized, possessed and entitled, and being o£ sound mind the said E. F. made and published his last will and testament in writing, duly and legally executed, bearing date the second day of February, A. D. 19 . . , a copy of which, marked "Exhibit A," is hereto annexed and made a part of this bill. 2. Said E. F. died at said P. on the thirteenth day of December, 19. ., and his said will was duly admitted to probate at a term of the Probate Court in the county of Cumberland holden on the third Tues- day of January, A. D. 19 . . . 3. By due proceedings in said Probate Court on the 17th day of July, A. D. 19.., the plaintiff was duly appointed and quAlified trustee under said will, and has been from that date, and is now such sole trustee; and a very considerable estate, real and personal, is now in his hands as such trustee and subject to the rule of investment stated in said will and codicil and requiring frequent changes of investment for the preservation and protection thereof, and in order to obtain proper legal income therefrom. 4. The defendants named in this bill are all the living persons interested, or who by possibility may be interested in said trust. 5. The rule given in said will by which the plaintiff as such trustee is to be governed in making investments of said trust estate, is stated in the following terms: "which at the discretion of said trustees, and during the continuance of said trust, may by them be kept invested in bonds of the United States, or in the first class mortgages on real estate In cities and towns in any state or states other than the state of Maine, such mortgages in all cases to be first mortgages on real estate not ex- ceeding one-half of the net cash value of the estate mortgaged at the date of the mortgage, nor two-thirds of the value as listed for the purpose of taxation, the same to be kept fully insured in first class fire insurance companies for the benefit of the mortgagee." 6. Since the date when said will was executed, and since the date of the death of said testator, the conditions of investment in bonds of the United States have very radically changed, and such 'investments now return so low a rate of interest as seemingly to do injustice to the life tenants of said trust fund when it is considered that safe invest- ment thereof may be made, and are generally made by trustees and approved by this Court at much higher and more remunerative rates of interest. 7. It is most seriously detrimental to the interests of said trust, and to the beneficiaries thereof, to require investments in mortgages of real estate to be made wholly outside the limits of Maine inasmuch as the plaintiff, trustee as aforesaid, and all the beneficiaries of said trust, are residents of the state of Maine, and to make distant invest- ments of the trust fund in real estate mortgages abroad has been attended, and is attended, with very largely increased expense, neces- sarily involves dependence upon agents at a distance, renders it im- practicable for the plaintiff as trustee to have direct personal knowl- edge of all the conditions of such investments, necessarily renders the administration of the trust difficult, and Inevitably introduces some 362 EQUITY FORMS elements of danger to the trust fund itself which might be avoided if a method of administration should be approved by the Court which would permit investments to be made within the immediate personal supervision of the plaintiff as trustee. "Wherefore the plaiAtiS prays this Honorable Court to determine the construction and effect of the said will and codicil in the respects fol- lowing, to-wit: 1. Whether the plaintiff in the discharge of his duty as such trustee is limited strictly, in making from time to time investments of said trust estate, to the precise securities specifically named in said will and codicil and specifically approved therein and thereby for the invest- ment of said trust estate, or whether such trustee may rightfully and properly make other investments of the same, provided always, the in- vestments so made are within the class of investments generally ap- proved and allowed by this Court to be made by trustees. 2. Whether the limitation in said codicil on investments in real estate mortgages to those in other states than Maine is valid and bind- ing, or whether the plaintiff as such trustee may rightfully make such investments in real estate mortgages in Maine, the other required con- ditions being fulfilled. (Add prayers for general relief and for process.) MARYIjAND ^ Form No. 268 BILL TO CONSTRUE A WILL, AND FOR FURTHER ADMINISTRA- TION IN A COURT OF EQUITY (Title and Commencement.) 1. H. M. E., widow, late of the city of Baltimore, died on or about the day of , 18. ., leaving a last will and testament, duly executed to pass real and personal property in this state. 2. Said will has been duly admitted to probate by the Orphans Court of Baltimore city, and is now of record in the oflSce of the Register of Wills of said city, in wills, liber No , folio , etc., and letters testamentary thereon have b^en granted by said Court unto your orator, the executor named therein; all of which will fully appear by reference to certified copies of said will and probate and letters testamentary, herewith filed as part hereof, marked "Exhibit A" and "Exhibit B." 3. Your orator entered upon the duties of said oflSce, and has passed a first and second administration account in said Court, where- by it appears that he has paid all the debts of his testatrix which have come to his knowledge, after due notice to creditors by publication as required by law, and has paid or delivered to the proper parties all the specific legacies in said will mentioned, and that a distribution of the balance of the estate of his testatrix, as directed by the resid- uary clauK of her said will, is now ready to be made, and he files herewith as part hereof duly certified copies of his said first and second 5 The above form, although obtained from the practice of Mary- land, is available for use in general chancery practice. BILLS FOR CONSTRUCTION OF WILLS 363 administratioa accounts, marked respectively "Exhibit C" and "Ex- hibit D." 4. By the residuary clause of said will, said testatrix devises and bequeaths an undivided half interest in the remainder of her estate to her nephew, H. J. B., absolutely, and the other undivided half interest therein to W. G. H., in trust for said testatrix's niece, E. F. R., wife of R. C. R., during her lite, and at the death of the said E. F. R. in fur- ther trust for her children. 5. The said H. J. B., W. G. H., E. P. R. and R. C. R., her husband, are all of full age and reside in said city of Baltimore, and all the children of the said E. F. R. are two, viz.: A. M. R. and M. C. R., both of whom are infants under the age of twenty-one years, unmarried, and reside with their parents in said city of Baltimore. 6. Among the debts returned by your orator to the said Orphans Court, in the "list of debts" due his testatrix, is one of ten thousand dollars due by the said E. F. R., niece of said testatrix, as will appear by reference to a duly certified copy of said list of debts, herewith filed as part hereof, marked "Exhibit E." 7. Immediately before said residuary clause in said will is the fol- lowing provision: "My executor will treat the charge of ten thousand dollars, without interest, standing on my books against my niece, E. F. R., as part of my estate to be computed in the division which I now order." 8. It is contended by the said E. F. R. that, according to the true construction of the will of said testatrix, and especially of said above recited clause, it was her intention and desire that such debt should not be collected from her, the said E. F. R., personally, but should be deducted from the share of said testatrix's residuary estate devised and bequeathed in trust for her, the said E. F. R., for life', and at her death in trust for her children. 9. The said W. G. H., as trustee under said will of such shares, denies that such is the proper construction of said will, and claims that your orator must collect from; the said E-. P. R. the amount so due by her, without interest, prior to making the equal division of the remainder of the estate of said testatrix as provided for in said will. To the end therefore, (1) That this Court may take Jurisdiction in the premises, and may advise and direct your orator in the further administration of said trust. (Add prayers for general relief and for process.) MASSACHUSETTS « rorm No. 269 BILL BY TESTAMENTARY TRUSTEES FOR INSTRTJCTIONS EEGAEDING PAYMENT OF INTEREST {Title and Commencement.) 1. I. A., late of S., in the county of C. and state of New Hampshire,- died on or about the seventh day of August, 19 . . ; and his will was 8 The above form, although obtained from the practice of Massa- chusetts, is available for use in general chancery practice. 364 EQUITY FORMS duly proved before a Probate Court held at W., in said county of C, and allowed on the sixth day of October of said year. 2. A large portion of the real and personal property of said I. A., to-wit, about four hundred thousand dollars, being situate in this commonwealth and chiefly in the county of Suffolk, and debts to a considerable amount claimed by persons residing in this common- wealth, the executors filed in the Probate Court for the county of Suffolk a duly authenticated copy of said will and of the probate there- of in New Hampshire and a petition setting forth that said will had been duly proved and allowed in New Hampshire; that there was property in said county of Suffolk belonging to said deceased's estate, and praying for administration here; and thereupon letters testamen- tary were granted to your complainants by the Judge of Probate for said county of Suffolk, on the seventh day of August, 19 . . . 3. Your complainant, W., in behalf of the executors, on or about the sixteenth day of November, 19. ., wrote to defendant, J. A,, son of I. A., a letter, a copy of which is hereto annexed marked "A," and in said letter offered to pay him five thousand dollars left to him by the will of his father, I. A., if he would call and receive it, or to deposit it in any bank to his credit or to deliver it to any person he should designate, or to pay it in any other manner agreeable to him, but said W. received no direction how or where to pay it or deposit it. 4. On or about the twentieth day of June, 19.., Mrs. A., the wife of said I., to whom a legacy of sixty-four thousand dollars was left by said I. in his will, died in said Suffolk county and a paper propounded as her will was proved as such on the fourth day of April, 19. ., and said J., who was the principal and the residuary legatee under said will, was appointed executor thereof. 5. Thereupon said W., acting in behalf of said executors of I. A., when he learned that said will of Mrs. A. was proved and allowed, wrote to said J. offering to pay the amount of said legacy and said sum of five thousand dollars several times, namely April 29, May 2, May 10, and May 14, 19. ., and sent a messenger to his house request- ing him to come and receive said money but said messenger could not find or obtain access to him; he subsequently sent the paper hereto annexed marked B., and at different times other letters stating his readiness to pay the money. On or about the first day of December, 19 . . , said J. called at complainant's office and declined to receive said money unless interest at the rate of six per cent was paid to him, as said complainant understood, from the death of said I. A. Said complainant being unwilling to pay the interest demanded without the consent of the residuary legatees (the two brothers of said J., A. A. and I. A.), requested said J. to receive the money reserving to him- self the right to claim any further amount which he might consider legally due to him personally or as such executor and legatee of his mother; but he declined so to do, or to receive any money without interest at the rate of six per cent per annum was also paid to him. The said complainant was unwilling to pay him at that time in the BILLS FOR CONSTRUCTION OF WILLS 365 manner claimed by him because it was through no fault of the executors that they did not pay him sooner, because he had refused to receive the $5,000 legacy when offered to him, and because till letters issued to him as executor of his mother's estate he was not authorized to receive the moneys due to his mother's estate, and because the time had not expired within which claims might be presented against said I.'b estate, and also because the residuary legatees under said I.'s will, his brothers, A. and I., might and did claim that interest at the rate demanded by him ought not to be paid and the complainants might therefore be held personally liable if they paid such interest. These complainants being desirous to do all in their power to pre- vent any loss to said J. on account of his unwillingness to receive said moneys, on or about the eighth day of August, 19 . . , deposited with the N. E. Trust Company to the credit of the said J. A., the sum of $79,- 667.12, being the amount of the legacy of $64,000 left by said 1. A. to Mrs. A. and the legacy of $5,000 to himself and the net amount as far as it could be then ascertained, of the rents, deducting charges, repairs, and so forth, collected by them from time to time from real estates left to Mrs. A. by said I., and of a certain other sum collected by them from an insurance for a loss by iire on one of said estates left to her and insured by them; and said N. E. Trust Company agreed to allow there- on the usual rate of interest allowed by said company to its depositors, being at the rate of 2% per cent per annum; and your complainants aver that this was the best course which they could take for the inter- est of all concerned in the position in which they were placed by the action of said J. They sent to said J. the deposit book issued by said company in which said money was stated as deposited to said J.'s credit; but shortly afterwards said J. brought said book to said W. and declined to receive the same, and informed said W. that he should hold your complainants responsible for the interest as heretofore stated although said W. agreed that he might receive said book and said money without prejudice, and without waiving any further claim he might have against said executors. 7.' Your complainants desire to do their duty in respect to said J. and the amounts claimed by him, and at the same time do nothing prejudicial to the interest of the residuary legatees under said I. A.'s will, the two brothers of said J., but they are ignorant what their duty as executors under said will, and trustees for the different parties in- terested thereunder, may be, and whether or not they should allow said J. interest at the rate claimed by him, and at what rate and from what time and on what sum. Wherefore your complainants pray that the said J. A., A. A. and I. A., the two latter being the residuary legatees under the late I. A.'s will, may answer the premises, but not under oath, which is hereby waived, and may severally set forth their respective rights under said will, and that your Honors will instruct the complainants as to their duty in premises. (A.dd prayer for general relief.) 366 EQUITY FORMS NEW HAMPSHIBE ^ Form No. 270 (a) BII.L FOR OONSTBUCTION OF WILL (Title and Commencement.) 1. The said D. died at C. in the month of February, 19. ., leaving a will in which the plaintlfi, A. B., was named as executor. At a Court of Probate for said county held on March 10, 19.., said will was duly proved and said A. B. was duly appointed executor thereof, accepted the trust, and is now acting as such executor. 2. The third clause of said will is as follows: "I give and bequeath unto F. H.and family jointly the sum of One Thousand Dollars." The will was written by M. S. B., of C, who is not a lawyer. 3. At the time of D.'s death the family of F. H., besides himself, con- sisted of his wife, the aforesaid K. L. H., and his daughter, F. E. A. H., aforesaid, who is now about six years old. Since that time another daughter has been born to him, who is now about three months old. H. L. H., of B., in our county of B., has been appointed and is now act- ing as guardian of the said F. E. A. H. 4. Said F. H. claims that he is entitled absolutely to one-third of said |1,000, that his wife, K. L. H., is entitled to one-third thereof, and that the remaining third belongs to F. E. A. H. The said A. B. being uncertain as to his duty in the premises hereby prays for the instruction of said Court. Form No. 271 (b) BILL TO CONSTRUE AND ANNUL CONDITION IN DEED '» (Title and Commencement.) 1. The plaintiff is the owner of one undivided half of a certain tract of land situated in said Concord, bounded and described as follows, to-wit: (Here insert description.) 2. The said defendants, S. S. B. and J. S., are legatees under the will of E. C. B., late of said Concord, deceased, and defendant, W. P. B., is a son of said deceased. 3. Said E. C. B. in his lifetime, to-wit, on the 19th day of Jime 19. ., conveyed the property hereinbefore described to one A. L.; and by intermediate conveyances the plaintiff has acquired one undivided half of said property. 4. In the deed of said E. C. B. to said A. L. was inserted in the fol- lowing condition: "and makes as a condition of the sale of said tract of land that during the next ensuing fifteen years, or until A. D. 19. ., no building shall be erected on said tract of land of more than two stories above the basement; meaning by this condition to preserve during the lifetime of said E. C. B. the prospect to the eastward from the window of said B.'s private apartments in the third story of said B.'s block." 5. E. C. B. died sometime in the year 19 . . ; said defendants 7 The above forms, although obtained from the practice of New Hampshire, are available for use in general chancery practice. '» The form, though strictly not Included within the chapter head- ing, is inserted here as analogous to the other forms in this chapter. BILLS FOR CONSTRUCTION OP WILLS 367 are the owners of the property known as B.'s block described in said deed of said E. C. B. to said A. L.; and the plaintiff says that said condition aforesaid upon the death of said B. became null and void and the defendants claim that said condition aforesaid is a valid and still existing condition and remains In force until the year 19. .. Wherefore the plaintiff prays that the Court may construe the mean- ing of said condition and decree that the same Is, at the date of the filing of this bill, null and void; and for such other relief as may be just NEW JERSEY « Form No. 272 BILL BY TESTAMENTAEY TRUSTEES FOR INSTRUCTIONS RESPEOTINO DISTRIBUTION OF A FUND (Title and Commencement.) 1. On or about the day of 19. ., M. L. W., then of , died testate leaving a last will and testament, a copy of which is hereunto annexed and marked "Schedule A," which said will was thereafter duly proved in the ofiSce of the Surrogate of the county of , and letters testamentary thereon issued to your orators and C. M. W., who thereafter married R. E. P., and is hereinafter referred to as C. M. P. 2. In the year 18.., E. L. W., the husband of said testatrix and father of your orators, died testate, leaving a last will and testament, a copy of which is hereunto annexed, marked "Schedule B," whereby and by the terms of which he appointed said testatrix, M. L. W., and your orator, W. M. W., executors thereof, and said will was proved in the office of the Surrogate of the county of Hudson, on the day of , 19. ., and said executors qualified. 3. By section eight of the will of said E. L. W., a certain trust fund was created, and the sum of $10,000 bequeathed to the executors of said estate to be kept in trust for said daughter, C. M. W., the income thereof to be paid to her during her natural life, and the principal to be equally divided among her children at the time of her death, and in case she should die without children surviving her, said C. M. W. might dispose of said trust fund by will. 4. By section 15 of said will, all the rest, residue and remainder of said testator's estate was bequeathed to the wife of said testator, M. L. W., whose estate your orators represent. 5. Said M. L. W., by her last will and testament, in section 5, di- rected, after making several devises and bequests, that the rest, residue and remainder of her property both real and personal should be equally divided among her children (naming them). 6. Said C. M. P. died intestate without issue, leaving her said hus- band surviving her, on the day of , 19.., and her husband, R. E. P., has been appointed administrator of her estate. 7. During the investment of said fund by your orators, and during the lifetime of said C. W. P., said trust fund diminished in value so 8 See Walton v. Walton, 73 N. J. B. 57 (1907). The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. 368 EQUITY FORMS that at the present time, it amounts to about the sum of eight thousand dollars. 8. At the time of his death, the said E. L. W. left him surviving, his widow, M. L. W., and four children (name them). The heirs of the said M. L. W. at the time of her decease, were your orators individually, said C. M. W. {name other heirs). 9. Your orators are about to file an intermediate account of the estate of said M. L. W., deceased. During the life of said C. M. P. the income of said trust fund was paid to her from time to time by your orators as executors and trustees in the belief that the principal was a part of her mother's estate, and since the death of said C. M. (W.) P., the income of said fund has been held by your orators, as they verily believed was lawful and proper as the executors and "trustees of their said mother's estate, but in order to file the proper account of the estate of their said mother, it is necessary for them to be advised first as to whether the residuum of the said trust fund after the death of the said C. M. W. should be paid to the heirs at law of the said C. M. (W.) P., or to the heirs at law of said E. L. W., or to the heirs at law of the said M. L. W. They are advised that said fund is claimed by the per- sons above mentioned, who would at this time be entitled to the estate of said E. L. W., deceased, they are also advised that said R. E. P., the husband of said C. W. P., deceased, claims that said sum is a part of his said wife's estate, and he, by virthe of his appointment as adminis- trator, is entitled to the custody thereof, and the survivors of the heirs of said M. L. W., mentioned in section 5 of her said will, also claim to be entitled thereto; wherefore your orators cannot safely account for said fund, nor decide to whom the same shall be paid without the inter- vention of this Honorable Court, the construction of said wills of E. L. W. and M. L. W. and a decree fixing and determining the respective rights of said several persons claiming said fund. To the end therefore, that 1. (Prayer for answer.) 2. That it may be determined by decree of this Honorable Court whether the said fund shall be accounted for and distributed as a part of the estate of said E. W. W., deceased, and if so, to whom the same shall be paid, or whether by the terms of said will the principal of said estate became vested in and as a part of the estate of said C. M. (W.) P., deceased, and the same payable to the administrator of her estate, or whether by the terms of the said will of said E. L. W. same passed to his said widow, M. L. W., and became a part of the residuum of her estate, and if so, in what manner your orators shall account for the same and pay the principal of said fund and the income thereof which has accrued since the death of the said CM. (W.) P. (Add prayers for general relief and for process.) PENNSYLVANIA Bills for the construction of wills are not used in Pennsylvania. BILLS FOR CONSTRUCTION OF WILLS 369 RHODE ISLAND » Form No. 273 BILL FOE OONSTKUOTION OF WILL (Title and Commencement.) 1. J. W. M., of S., died on the day of , 19 . ., leaving a last will and testament, which was thereafterwards offered for pro- bate and duly probated by the Probate Court of the town of S. A copy of said will and the probate proceedings thereon, marked "Exhibit A" is hereimto annexed and made a part hereof. 2. Your complainant and the defendants are the only persons inter- ested in the property and estate of which the said J. W. M. was seized and possessed at the time of his decease, either as legatees or devisees named in the will or as his heirs at law, or heirs at law of his wife. Said parties have adversary interests therein and in the estate therein devised and bequeathed, in respect to certain questions which have arisen and upon which it is necessary to have the opinion of this Hon- orable Court. 3. The third paragraph of said will is as follows: "Thirdly. After the decease or marriage of my said wife, I give, devise and bequeath all said estate both real and personal to her children to be and remain to them their heirs and assigns forever. Excepting, however, from the provisions of this clause, the heirs of my daughter, Nettie G. E., deceased." 4. The said wife mentioned in said paragraph, M. L. M., did not remarry or exercise the power of sale given her by said will as to said real estate and died intestate on the day of 19 . . ; her only children were the said defendants, C. H. M. and L. L. M.; A. E., mother of the complainant, born 19 . . , married to J. L. E., died 19.., intestate, leaving said complainant her sole heir at law; and Ella G. M., born 19. .. Neither said testator, J. W. M., nor M. L. M., his wife, ever had a child named Nettie G. B. or known as Nettie E. or Nettie G. E. In the circumstances above men- tioned, is the complainant entitled to a one-third undivided interest in fee simple in said real estate and in said personal property, or is she entitled to a life estate in the same, or is she entitled to no part of the same? 5. The defendants have refused to pay over, convey, or deliver to the complainant, any part of said estate, and no administrator d. b. n. c. t. a. has been appointed by said Probate Court in place of the said M. L. M., who was named in said bill as executrix. To the end therefore that the respondents may full, true, direct and perfect answer make to all and singular the matters hereinbefore stated and charged, but not under oath or affirmation, the benefit of which is hereby expressly waived, and that they may answer and state their claims to said estate or any part thereof; and that this Honorable Court may ascertain and determine the respective rights of the com- plainant and defendants and each of them in the premises as the nature and circumstances of the case may require, and to this Honor- 9 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 370 EQUITY FORMS able Court shall seem meet. (Add prayers for further relief and for process.) WEST VIRGINIA 10 Porm No. 274 BILL TO HAVE A CLAUSE OF A WILL DECLABED VOID AS OKEATING A PERPETUITY (Title and Commencement.) 1. A. G. C, a resident of , departed this life on or about the first day of November, 19 . . ,. leaving a will, which was duly probated in the County Court of county, West Virginia, on the tenth day of November, 19. ., a duly attested copy of which will and the order of its probate is filed herewith as a part of this bill, marked "Exhibit Number 1," and is asked to be read as part hereof. 2. The executors named in said will are J. B. N. and K. S., who duly qualified as such executors under said will, and, in pursuance of the residuary clause of said will, the said executors delivered and paid over to the trustees named therein, to-wit (naming them), a large sum of money, to-wit, about twenty-six thousand dollars; and said trustees above named accepted the said sum of money, and have retained the said sum and funds arising therefrom in their hands to this day, which now amounts in the aggregate to about thirty-five thousand dollars; but said trustees have not purchased any property therewith, nor ex- pended said sum or any portion thereof, in the execution or attempted execution of said trust, but still have the same either in their posses- sion or under control. 3. Said W. N. B. and T. B. C, two of the said trustees, have de- parted this life; and the said W. H. S. has resigned as trustee from the said trusteeship, and his resignation has been accepted by the remain- ing trustees above named, but he has not been discharged from said trust by the order of any Court. 4. The clause in said will of A. G. C, deceased, hereinafter called the residuary clause, reads as follows: "All the residue and remainder of my estate, real and personal, of which I shall die seized and possessed, or to which I may be entitled at the time of my decease, my executors will convey into money as soon as may be without sacrifice, and hand over to doctors T. A. H., W. N. B., J. H. K., T. B. C. and W. H. S., in trust for the purpose of purchasing the Gale property at the eastern end of Market street, or other suitable property, for the establishment of a city hospital. The amount of the hospital bequest will be, I suppose, about ten thousand dollars." (Quote the rest of the clause.) 5. The plaintiffs are advised and believe that said residuary clause is contrary to the laws of the state of West Virginia relating to per- petuities, and is invalid, illegal, null and void, and that all said sums so paid by said executors to said trustees in pursuance of said hospital 10 From bill filed in Hays v. Harris, pending (January, 1913) in Supreme Court This bill was drawn by Dean C. E. Hogg, the author of various works on procedure. The above form, although obtained from the practice of West Vir- ginia, is available for use in general chancery practice. BILLS FOR CONSTRUCTION OP WILLS 371 clause of said will in fact and in law belong to the lawful lieirs and distributees of said A. G. C, deceased. 6. The said executors named in said will, J. B. N. and K. S., duly qualliied as such executors of said estate and distributed all the finds and property which came into their hands after thO' payment of all the just debts of the said testator, and in due course of time made final settlement of their account; and both of said executors have since de- parted this life. By proceedings duly had in the County Court of Wood county, "West Virginia, on the 28th day of May, 19.., the plaintiff, A. H., was ap- pointed administrator de ionis non cum testamento annexo of the es- tate of said A. G. C, deceased, and duly qualified and gave bond as such administrator d. b. n. c. t. a., all of which will more fully appear from a duly attested copy of said proceedings filed herewith as part of this bill, marked "Exhibit No. 2." 7. At the time of his decease the said A. , G. C. was unmarried and without issue, and left surviving him as his sole heir at law the chil- dren of his two deceased brothers (and so on, describing the interest of the various plaintiffs as heirs of said A. O. C.) 8. The persons named as plaintiffs in this bill, with the exception of said A. H., who has qualified as administrator d. b. n. c. t. a. of the' said A. G. C, are the sole heirs at law and distributees of the said A. G. C, deceased, and they aver that they are entitled as such to have and receive the said sum of $26,000 with its accumulations, which make in the aggregate the sum of about thirty-five thousand dollars, and that the said sum should be paid to them in the following proportion: (X)escri6e the proportions'.) These plaintiffs, therefore, pray that the said defendants may be required to make full, true and perfect answer unto this bill, and dis- cover and show to this Court, first, what amount of money and secur- ities of all and every kind was turned over to said trustees by the said J. B. N. and K. S., executors of the will of A. G. C, deceased, or either of them, and the date or dates thereof; second, what amount of money, funds and securities the said trustees or any of them may hold in their hands or possession, or are under their control, derived from the estat? of said A. G. C, deceased; third, where such funds, securities and prop- erty are now located, deposited or invested; fourth, whether any private or public corporation, or other person, is now indebted to said trustees or to said fund in their hands and under their control, and the amount and nature of such indebtedness. And these plaintiffs further pray that the said residuary clause of the will of A. G. C, deceased, commencing with the words "all the residue and remainder of my estate," and ending with the words "large and more useful scale," and directing that the result of his es- tate be converted into money and handed over to said trustees, be declared null and void, and that the funds and property therein dealt with and all increase thereof may be adjudged to descend and belong to the lawful heirs and distributees of the testator, A. G. C; and that all said funds, money, securities and property now in the hands of said trustees and derived from said estate of A. G. C. be delivered and paid over to the said lawful heirs and distributees of the testator, A. G. C, and that there be granted to the plaintiffs such other, further and gen- eral relief as to equity may seem meet. CHAPTER XVII BILLS AND PETITIONS FOR THE DISSOLUTION OF COEPOEATIONS AND FOE THE APPOINT- MENT OF EECEIVEES OF INSOLVENT COE- POEATIONS. DELAWARE Form No. 275 (a) BILL FOE THE APPOINTMENT OF EECEIVEE OF INSOLVENT CORPORATION i (Title and Commencement.) Humbly complaining, showeth unto your Honor, P. S. P., of on belialf of himself and all other creditors and stockholders of the said S. A. Company, a corporation of the state of Delaware, who shall come in and contribute to the expenses of this suit, as follows: (1) The said S. A. Company, the defendant above named, is a cor- poration duly organized and existing under the laws of the state of Delaware, and having its principal place of business in the city of Wilmington, in said state. (2) The authorized capital stock of the said defendant corporation is the sum of , divided into shares of each; of which shares are common stock and the remaining shares are preferred stock; and of said authorized capitalization your orator is informed and believes that of the preferred stock has been issued and is outstanding, and that all of the said com- mon stock has been issued and is outstanding. (3) Tour orator is a creditor of said defendant corporation in the sum of dollars, with interest from various dates, for money loaned by your orator to the said defendant corporation, to the amount of the above mentioned Indebtedness. (.Describe in detail these loans and the notes evidencing the same.) (4) Your orator is also a stockholder of the said defendant cor- poration, owing five himdred and thirteen shares of the preferred stock thereof, of the par value of fifty-one thousand three hundred dol- lars {$51,300.00), and two himdred and forty-nine shares of the com- mon stock thereof, of the par value of twenty-four thousand nine hun- dred dollars ($24,900.00). (5) The said defendant corporation is now possessed of real and personal property to a considerable amount, but the said defendant is insolvent in that it is unable in the due course of its business to meet its debts and obligations as they mature. 1 The above form, although obtained from the practice of Delaware, is available for use in general chancery practice. 372 BILLS TO DISSOLVE CORPORATIONS 373 (6) The personal property now possessed by said defendant cor- poration is, to the best of your orator's knowledge and belief, estimated to be of the approximate value of dollars. (7) The defendant corporation Is a manufacturing company, but the manufacturing plant of the said defendant is now idle and has not been in operation for from six to eight months. (8) There is great danger that the property and effects of the said defendant corporation will be needlessly consumed by the expenses and loss incident to carrying an unoperated manufacturing plant and that great loss wilf thereby be occasioned to the creditors and stockholders of the defendant corporation unless this Honorable Court shall at once intervene for their protection and take possession of and administer the property and effects of the said defendant corporation for the bene- fit of all the creditors and stockholders. (9) The said defendant corporation is not a corporation for public improvement. Your orator therefore prays: (A) (Prayer for answer.) (B) That the said S. A. Company be adjudged and decreed to be insolvent. (C) That the Chancellor appoint one or more persons to be the receiver or receivers of the said S. A. Company, to take charge of and administer the estate, effects, business and affairs thereof, and to collect the outstanding debts, claims and property due and belonging to the said company, and to do and perform all other things that may be necessary in the premises, according to the statute in that behalf and the equitable powers of the Chancellor. (Add prayers for general relief and for process.) (Verification.) Perm No. 276 . (b) BILL TO DISSOLVE BANKING OR INSURANCE CORPORATION 2 (Title and Commencement.) To the Chancellor of the State of Delaware: The state of Delaware, by E. F., its attorney general, brings this its bill of complaint, and humbly complaining showeth unto your Honor, as follows: 1. On , 19 . . , E. F., attorney general of the state of Dela- ware, received a communication from G. H., insurance commissioner of the state of Delaware, a copy of which is hereto attached marked "Exhibit A," and it is prayed that the same may be taken as a part of this bill of complaint. 2. Upon the receipt of the said letter hereinabove referred to it became the duty of the attorney general to file this bill, and your orator shows unto this Honorable Court that the said defendant company herein is doing business in the city of Wilmington, county of New Castle. Your orator therefore prays the Court, in accordance with the pro- visions of section 5, chapter 330, volume 22, and paragraph 3, section 2, 2 The above form is peculiar to the chancery practice of Delaware. 374 EQUITY FORMS chapter 99, volume 22, Laws of Delaware, for an order requiring the said C. D. Banking Company to show cause why their business should not be closed; and further, that on a proper case made this Honorable Court will appoint a receiver to take charge of, settle and close up the affairs of the said company under the direction of the said Court, and enjoin it from doing business, and make such order and decree as may be necessary or proper. (Add prayer for process.) (Verification.) ILLINOIS 3 Form No. 277 CBEDITOBS' Bllili FOR DISSOLUTION OF CORPORATION AND TO ENFORCE STOCKHOLDERS' LIABILITY (Title and Commencement.) 1. A. B., complainant in the above entitled cause, brings this suit in behalf of himself and all other creditors of the C. A., who may choose to join and contribute to the expense of the same. 2. The said C. A. was organized on the day of 19.., under the laws of the state of Illinois, with a capital stock of one hundred thousand dollars, divided Into one thousand shares, of the value of one hundred dollars each, for the purpose of conducting a gen- eral mercantile reporting and collecting agency business in all its branches, with the principal office located at Chicago, in the state of Illinois. (State provisions of the certificate of incorporation.) 3. From the time the said C. A. was Incorporated until on or about the 1st day of 19. ., the said C. A. carried on the business ot a collection agency, with its principal office located in the said city of Chicago. 4. On or about the first day of , 19. ., the said corporation became and was utterly and hopelessly insolvent; and on said date discharged all agents and employees and gave up its office in the said city of Chicago. The office furniture and fixtures of the said C. A. was then and there seized by the creditors of the said C. A. and sold, and since said day the said corporation has not transacted any business, and has en- tirely ceased to exercise its corporate functions and powers. 5. At the time the said C. A. ceased to do business, as aforesaid, said corporation was, and still is, indebted to divers parties in a sum of money aggregating many thousand dollars in excess of its assets, and such indebtedness now remains wholly unpaid and unsatisfied. 6. On the day of , 19. ., your orator, A. B., recov- ered a judgment in the Circuit Court of Cook county, in cause general number , against the above named defendant, C. A., for the sum of ¥ and said judgment is now in full force and effect and remains unpaid and unsatisfied unto your, orator, A. B. 7. On or about the day of 19. ., defendants, W. 3 Adapted from the bill filed in Teter v. Larson, 229 111. 585 (1907). The above form, although obtained from the practice of Illinois. is available for use in general chancery practice. BILLS TO DISSOLVE CORPORATIONS 375 fer. and G .W., each subscribed for one share of stock in the said C. A., amounting to the sum of one hundred dollars each, and the said W. S. and the said G. W. are now the holders each of one share of stock of said corporation, and neither the said W. S. nor the said G. W. has ever paid the amount of his subscription, or any part thereof, and each is still indebted to the said corporation for the full amount of his subscription. 8. The defendant, W. A., on or about the day of 19. ., subscribed for nine hundred and ninety-eight shares of the cap- ital stock of the said C. A., of the value of one hundred dollars per share, and the said W. A. has never paid the amount of said subscrip- tion, or any part thereof, and is still indebted to the said C. A. for the full amount of said subscription. 9. On or about the day of 19 . . , at a meeting of the board of directors of the C. A. held at its office in the city of Chi- cago, the said W. A. presented a proposition In writing to the said C. A. for the issue to himself as fully paid of nine hundred and ninety- eight shares in payment for his imparting certain knowledge of the collecting business to said corporation, a copy of which proposition is hereto annexed, marked "Exhibit A." At the said meeting, the said directors passed a resolution accepting the said proposition, and vot- ing that said nine hundred and ninety-eight shares be issued to him fully paid up and non-assessable. On information and belief your orator avers that, the said proposition was a sham and pretense, made for the purpose of escaping the liability on the part of said W. A., on account of his said stock subscriptions, and that the said W. A. had ao knowledge or information to impart to the said C. A. that was of any value whatever, and imparted no knowledge of any value, kind or character whatever. 10. All of the said nine hundred and ninety-eight shares of stock were on the day of , 19 . . , duly issued by the said C. A. to the said W. A. pursuant to said agreement On the day of 19 . . , the said W. A. transferred by an assignment in writing, unto defendant, W. J., twenty shares of the said capital stock of the said C. A., and to the defendant, T. M., twenty shares of the said capital stock of the said C. A. The remain- ing nine hundred and fifty-eight shares are still owned by said W. A. Both said defendants, W. J. and T. M., became stockholders of the said C. A., but said defendants were not bona fide purchasers of said shares of stock, since no valuable consideration of any kind was ever paid by the said defendants, or any of them, at the time said stock was so transferred, or at any other time. And your orator avers that at the time when the aforesaid stock was transferred to the foregoing defendants, there remained due and unpaid to the said C. A., the entire amount of the total subscriptions for all of said shares of stock, and no portion of the amount sub- scribed by the said W. A., for the payment of said stock had at said time, has at any time, been paid to the said C. A. Forasmuch, therefore, as your orator is without remedy in the premises, except in a court (ff equity, and to the end: 376 EQUITY FORMS 1. That (prayer for answer). 2. That a decree may be entered dissolving the said C. A. and wind- ing up its affairs. 3. That a receiver may he appointed by the Court, with the usual power of receivers in like cases, of all the property and effects of the said C. A., to be by said receiver collected, marshaled and distributed under the direction of this Honorable Court. 4. That an account may be taken of the indebtedness due to your orator, and the other creditors of the said C. A., and that said receiver so appointed may be decreed to pay to your orator and said other creditors the amounts due them, respectively, so far as the money in his possession and belonging to the said C. A. may apply. 5. That, after exhausting the assets of the said corporation, each of the above named defendants ' (wommfir them), who subscribed to the capital stock of said corporation, and their assignees, namely (naming them) shall be decreed to pay their pro rata share of such debts and liabilities to the extent of the unpaid portion of the stock so subscribed for, or so held in their names. (Add prayers for general relief and for process.) MAINE Form No. 278 (a) BILL FOE DISSOLUTION OF COEPORATION WITH ASSETS* (Title and Commencement.) 1. The plaintiff is a stockholder in the defendant corporation (or. is an officer, namely president of, etc., or as the case may be; or, the plaintiff is a creditor of the defendant corporation in the sum of dollars, being the amount due upon a certain promissory note given by said corporation to the plaintiff, or, upon a certain judgment, or as the case may 6e). 2. At a meeting of the stockholders of said corporation legally called therefor and held at said Portland on the 15th day of Septem- ber, 19.., the said stockholders voted to dissolve said corporation. 3. The existing assets of said corporation amount to about seven thousand dollars, and its liabilities to about fifteen thousand dollars. Wherefore the plaintiff prays: 1. That the defendant corporation may be dissolved and terminated. 2. That a trustee may be appointed to collect and take possession of the assets of said corporation, convert the same into money by sale, and apply the proceeds to the payment of the debts of the corporation and the final settlement of all its affairs. 3. That such notice of this bill may be given to the defendant cor- poration as the Court may see fit to order. (Add prayers for general relief and for process.) < The above form, although obtained from the practice of Maine, is available for use in general chancery practice. BILLS TO DISSOLVE CORPORATIONS 377 Form Ko. 279 (b) EILL FOR DISSOLUTION OF CORPORATION WITHOUT ASSETS » (Title and Commencement.) (Paragraphs 1 and 2 are the same as in preceding form.') 3. There are no existing liabilities against said corporation and no existing assets thereof, requiring distribution among the stock- holders. Wherefore the plaintiff prays: 1. That said defendant corporation may be dissolved and terminated. 2. That such notice of this bill may be given to the defendant cor- poration as the Court may see fit to order. {Add prayers for general relief and for process.) Form No. 280 (c) BILL EY INSURANCE COMMISSIONER TO DISSOLVE INSURANCE COMPANY 6 (Title and Commencement.) J. S. of insurance commissioner of the state of Maine, complains against the M. and N. B. Insurance Company, a corporation organized and existing under the laws of the state of Maine and lo- cated at , and says: 1. The plaintiff is insurance commissioner of the state of Maine and said corporation is a domestic insurance company organized and existing under act of incorporation of said state. Private Laws of 18. ., Chap 2. There are accrued indemnity claims upon certificates and policies of said corporation, the amounts of which are indefinite and unadjusted, amounting, as the plaintiff estimates and believes, to dollars, and there are debts due from said corporation to its officers and others of amounts to the plaintiff unknown, and on exam- ination the plaintiff thinks said domestic insurance company is in such a condition as to render its further proceedings hazardous to the public and its policy holders, and that this Court should issue an injunction restraining it from proceeding further with its business and take such other action as is prescribed by law in such cases. 3. The said corporation has an unexhausted portion of funds in the hands of the treasurer of the state of Maine, amounting to about dollars, and it is for the interest of the creditors and all parties concerned that a receiver or trustee be appointed to collect and hold the assets of the corporation for ratable distribution among all of the claimants of the corporation and other legal creditors, and that such other things should be done as are requisite for the safety of the public and for the best interests of all parties concerned. 5 The above form, although obtained from the practice of Maine, is available for use in general chancery practice. 6 Brought under R. S. (1903) Ch. 49, §§ 68-69 and based on the bill filed in Insurance Commissioner vs. Maine & New Brunswick Ins. Co., on equity files of Supreme Judicial Court, Penobscot county. The above form is peculiar to the chancery practice of Maine. 378 EQUITY FORMS 4. The plaintiff avers that it is for the best interest of all con- cerned that said company be wound up and its existence ended. Wherefore the plaintiff prays: 1. That process of subpoena be issued directed to the said M. and N. B. Insurance Company directing it on a day certain to appear and answer all and singular the premises. 2. That such notice or notices as to the Court shall seem meet, if any, may be ordered by the Court to any and all parties interested, summoning them to show cause, if any they have, why injunction should not be issued by this Court restraining this company from pro- ceeding further with its business, and also to show cause, if any they have, why a receiver should not be appointed to wind up the affairs of the said corporation, as hereinafter prayed. 3. That a temporary injunction may be issued by this Court re- straining said company, in whole or in part, from proceeding further with its business. 4. That a permanent injunction may be issued by this Court re- straining this company, in whole or in part, from proceeding further with its business. 5. That a receiver may forthwith be appointed to take possession of the property and assets of said corporation, and also masters, if need be, so that said property and assets may be converted into cash as soon as may be, and a ratable distribution thereof made among all the creditors of said corporation, and the surplus if any there be, used for the payment of the indebtedness of the said corporation by divid- ing it ratably among those persons legally entitled thereto and. that the affairs of said corporation may be wound up. 6. That said company be wound up and its existence ended. 7. The plaintiff prays for such further and equitable relief as in law and equity he may be entitled to receive, and that all things may be done which in the opinion of this Court are requisite for the safety of the public and for the best interests of all parties concerned. : (Verification.} Form No. 281 (d) BILL BY BANK EXAMINEE TO DISSOLVE SAVINGS BANK ' (Title and Address.) J. S. of , bank examiner of the state of Maine, complains against the R. S. Bank, a corporation organized and existing under the laws of the state of Maine and located at R. and says: 1. The plaintiff is bank examiner of the state of Maine and said corporation is a savings bank organized and existing under act of incorporation of said state. Private Laws of 18.., chapter 2. The plaintiff upon examination of the affairs of said savings bank is satisfied that said bank is Insolvent and unable to pay all of its liabilities; that its continuance in its business will be dangerous 'Brought under R. S. (1903) Ch. 48, §§ 44-45 and found in Bank Examiner vs. Richmond Savings Bank on equity files of Supreme Judicial Court, Sagadahoc county. The above form is peculiar to the chancery practice of Maine. BILLS TO DISSOLVE CORPOKATIONS 379 to the public and to its depositors and those having funds In its custody. Wherefore the plaintiff prays: 1. That said bank and its officers may be perpetually enjoined from the further prosecution of its business as a savings bank and that proper proceedings may be had for winding up its affairs and distribut- ing its assets among its depositors and those having a right thereto. 2. That process of subpoena may be Issued directed to said R. Sav- ings Bank directing it on a day certain to appear and answer all and singular the premises. 3. That such notice or notices as to the Court shall seem meet, if any, may be ordered to any and all parties interested. 4. That a temporary injunction may be issued against the trustees and treasurer of said R. Savings Bank restraining said corporation, its servants, agents or attorneys in whole or in part, from proceeding further with its business until a hearing can be had. 5. The plaintiff prays for such further and other equitable relief as in law and equity he may be entitled to receive and that all proc- esses may issue and all things may be done which in the opinion of this Court are requisite for the safety of the public and for the best interest of all of the parties Interested. (Verification.) Form No. 282 (e) BILL FOE DISSOLUTION OF CORPORATION UNDER PUBLIC LAWS OF 1905, Ch. 85 8 (Title and Commencement.) 1. The plaintiff is a stockholder and creditor of said P. M. M. & A. Company. 2. The defendant is a corporation duly created and existing under the laws of the state of Maine and having an established place of busi- ness at Portland in said county of Cumberland. 3. The plaintiff is informed and believes and therefore alleges that the defendant corporation is in imminent danger of insolvency and that by reason of threatened attachments and of litigation and other causes, its estate and effects are in danger of being wasted and lost. Wherefore the plaintiff prays: 1. That this Court will issue a temporary injunction, restraining said corporation, its officers and agents from receiving any moneys, paying any debts, selling or transferring any assets of the corporation or exercising any of its privileges or franchises until further order of Court. 2. That the Court will appoint a receiver of the corporation to demand, collect and receive all property and assets of said corporation and to sell, transfer, or otherwise convert the same into cash, and to conduct and carry on the business of said corporation as ordered by the Court, if It appears for the best interest of all concerned pending a final decree of the Court. 8 The above form is peculiar to the chancery practice of Maine. 380 EQUITY FORMS 3. That the Court will, in its discretion, either order the receiver to wind up the affairs of the corporation and distribute its assets, as provided in section 79, chapter 47, of the Revised Statutes of the state of Maine, and thereupon make a final decree dissolving said corpora- tion; or else order the receiver to sell the property and franchises of the corporation and permit the purchaser of the same to reorganize the corporation under the direction of the Court. 4. And for such other and further relief as the nature of the case may require. And may it please this Honorable Court to grant to the plaintiff its writ of injunction directed against the defendant corporation, P. M. M. & A. Company, restraining it, its oflScers and agents, from receiving any moneys, paying any debts, selling or transferring any assets of said corporation, or exercising any of its privileges or fran- chises until further order of Court, and also to order that such notice of this bill be given to said defendant corporation as to this Honorable Court seem proper, fixing the time and place for hearing upon the same. (Terification.) MARYLAND » Form No. 283 (a) BILL FOR DISSOLUTION OF COEPOBATION {Title and Commencement.) The bill of complaint of A. B. and C. D., both of Baltimore city and the state of Maryland, who file this bill in their own behalf, as stock- holders of the E. F. Company and in behalf of other stockholders in like situation with your orators, who may come in and be made parties hereto. Your orators complaining say: 1. They are stockholders of the E. F. Company of Baltimore city, a corporation duly incorporated under the general incorporation laws of the state of Maryland, with its principal oflSce in said city of Baltimore. 2. Said A. B. is the holder of 20 shares of the capital stock of the said E. F. Compsiny, of the par value of |50 a share; and said C. D. is the holder of 40 shares of the said capital stock. 3. {Set forth reasons for dissolution.) To the end therefore, (a) That a receiver may be appointed to take charge of all the corporation's books and papers of account and goods and effects, and to collect the debts due thereto and dispose of the same under the direction of this Court. (b) That the said corporation may be declared to be dissolved and that an account of its business may be taken under direction of this Court, and that it effects may be applied to the payment of its debts 9 The above forms, although obtained from the practice of Mary- land, are available for use in general chancery practice. BILLS TO DISSOLVE COKPORATIONS 381 and liabilities, and the residue thereof distributed among its stock- holders. (Add prayers for general relief and for process.) Form No. 2Si (b) CBEDITORS' BILL FOR DISSOLUTION AND FOR APPOINT- MENT OF RECEIVER OF INSOLVENT CORPORATION (Title and Commencement.) 1. The defendant, C. D. Co., is a body corporate, duly incorporated under the laws of the state of Maryland, having carried on in the city of Baltimore, the business of purchasing, selling and dealing in , and the place of business of said defendant is 2. The complainants are creditors of the defendant corporation in the sum of dollars and said accounts have been long overdue and are still unpaid. 3. The complainants believe and therefore aver that the defendant is indebted in various large sums of money to various persons and corporations, which said sums of money the defendant is unable to pay, although said accounts are overdue. 4. The complainants are credibly informed and therefore aver that the defendant corporation is hopelessly insolvent, and is unable to pay its obligations in the ordinary course of business, as they mature, as a result of which these complainants and other creditors of said com- pany have sustained from time to time, and will hereafter sustain, loss and Injury. 5. These complainants are furthermore credibly informed and therefore aver, that the business of the defendant corporation is now at a standstill, and that unless a receiver is appointed to take charge of the assets of the said corporation, they will not remain for the pay- ment of the obligations, of the company, and its creditors will be further prejudiced in their respective claims against said company. To the end therefore, (a) That the C. D. Co. may answer this bill. (b) That this Court may pass an order appointing a receiver with power and authority to take charge of the goods, wares, merchandise, books, papers, effects and all other property of, or belonging to, the defendant and to administer the estate. (c) That the defendant, its officers, agents or employees may by injunction be restrained from disposing of any and all of the assets, property, books and effects of the defendant, or negotiating any bill or making or collecting any debts due to it, or contracting any further indebtedness. (d) That said defendant corporation may be decreed to be insol- Tent, and that it may be dissolved and its assets distributed among the parties entitled thereto, in accordance with the principles of equity, and (Add prayers for general relief and for process.) 382 EQUITY FORMS MASSACHUSETTS " Form No. 285 (a) PETITION FOE DISSOLUTION OF COEPORATION (Title and Commencement.) G. F. Company, petitioner, represents to this Honorable Court that it is a corporation which was duly organized in accordance with the laws of the commonwealth of Massachusetts on or about September 5, 19.., for the purpose of selling steamship tickets; that for two years its business has been discontinued; that all its debts and liabil- ities have been paid; that it has now no debts and liabilities; that it has no assets and that it is desirable that its affairs be closed up; that at a meeting of its stockholders duly held on the 4th day of August, 19. ., it was unanimously voted by all the stockholders of the company to authorize a petition for the dissolution of the corporation to be filed in this Court and the treasurer of the company was authorized and directed to file such a petition and prosecute the same. Wherefore your petitioner prays that the corporation may be dissolved. G. F. Company, By A. B., Treasurer. (Verification.) Form No. 286 (b) STOCKHOLDEES' PETITION FOE EECEIVEESHIP TO PEE- SEEVE ASSETS OF COEPOEATION (Title and Commencement.) 1. The C. E. Company is a corporation organized under the general laws of the commonwealth of Massachusetts in the year 1898, with a capital stock of fifty thousand dollars ($50,000) divided into five hun- dred shares of the par value of one hundred dollars (flOO) each, for the purpose of 2. The stockholders of said corporation are all residents of tliis commonwealth, and all assets, of whatever name or nature are situated in Boston where all business heretofore done has been conducted. 3. The petitioner is the owner of one hundred and twenty-five shares of the stock of said corporation. 4. The active prosecution of the business of said corporation was discontinued in the spring of 19.., by reason of insufficient funds necessary to the further conduct of the business of the corporation, at which time the assets remaining to the corporation consisted of finished and unfinished stock, patents, drawings and models, useful and necessary to the business, and divers letters patent, and liabilities to the extent of not less than ten thousand nor more than fifteen thou- sand dollars, on open accounts and promissory notes; all of which in- debtedness has matured and still remains unpaid. 5. The petitioner has reason to believe that certain persons having claims against the respondent, threaten to make attachments, and to enforce the sale of certain of the company's assets whereby their pres- 11 The above forms, although obtained from the practice of Massa- chusetts, are available for use in general chancery practice. BILLS TO DISSOLVE CORPORATIONS 383 ent value will be greatly reduced, and the same sold at a sacrifice to the great detriment of all concerned. 6. The petitioner believes that under the appointment of a receiver, the assets can be better conserved for the reason that their character is of such a nature that if sold under a forced sale, as a result of legal proceedings, their full value will not be realized and the remainder of the creditors would be deprived of any opportunity to participate in the distribution of the same; that the peculiar nature of the remaining assets is such that under the wise and judicious management of a receiver they might be properly conserved and sold for the sum sufficient, as the petitioner believes, to meet in full all liabilities of the corporation. Wherefore the petitioner prays: 1. That a receiver may be appointed of all the assets, property and estate of the respondent corporation of every kind, nature and descrip- tion whatsoever; that such receiver may be authorized to keep, sell and dispose of, at either public or private sale, all the assets of the corporation, as in his judgment shall be for the best interest of all con- cerned; distributing equally among the stockholders, according to the number of shares held by each, the surplus remaining over after the satisfaction of all outstanding creditors. 2. For such other and further relief as the facts of the case may admit of. (Verification.) MICHIGAN 12 Form No. 287 BILL FOB DISSOLUTION OF COBFOBATION (Title and Commencement.) 1. The E. F. Co. is a corporation organized under the laws of the state of Michigan for the purpose of manufacturing automobiles, and its principal office Is located in the city of , county of , aforesaid. 2. The affairs of said corporation are managed by a board of six directors, whose names are as follows: (Here insert names.) 3. At a regular meeting of said board of directors held at the city of , on the day of , A. D. 19 . . , the following resolution was passed by the board of directors of said E. F. Co.: "Resolved that on account of present financial condition of the E. F. Co., and the inability to secure funds to carry on its business, the board of directors deems it necessary and beneficial to the stock- holders of said company that said corporation shall be dissolved and that application be made to the Circuit Court for the county of, to dissolve said corporation in the manner provided for by the statutes and that said Court be asked to immediately appoint a receiver to take possession of the property of said corporation." 4. A full, true and just inventory of all of the estate both real and personal of said corporation is attached hereto and made a part hereof and marked "Exhibit A." 12 The above form, although obtained from the practice of Mich- igan, is available for use in general chancery practice. 384 EQUITY -FORMS 5. A full, just and true account of the capital stock of said corpora- tion with the names of all the stockholders, their residences and the number of shares belonging to each and the amount paid in upon such shares respectfully, is attached hereto and made a part hereof and marked "Exhibit B." 6. A statement of all encumbrances on the property belonging to said corporation is attached hereto and made a part hereof and marked "Exhibit C." 7. A full and true account of all the creditors of said corporation and all engagements entered into by the same which have not been fully satisfied, together with the residences of said corporations and other persons having claims against the same, the sum owing to each creditor, the nature of such debt, and the true consideration for the same in each case, is attached hereto and marked "Exhibit D." 8. The assets of said corporation consist of (here describe assets) ; various and sundry creditors have commenced suit against said cor- poration to recover the amount of their respective claims, and other creditors threaten such action; and therefore in order to protect the assets of said corporation and to guard the interests of its creditors and stockholders, it is necessary that a receiver be appointed at once to take care of said assets and hold the same subject to the further order of this Court. Your orators therefore pray that an order may be made by this Court and entered herein requiring all persons interested in said cor- poration to show cause on a day certain to be determined by this Court, why said corporation should not be dissolved and a decree dis- solving the same be entered herein as provided by the statutes; that a receiver be at once appointed with instructions and directions from this Honorable Court to at once seize and take possession of all the assets of said corporation wherever they may be, and hold the same subject to the further order of this Court, and that before entering upon his duties he file a bond herein, conditioned upon the faithful discharge thereof, in the sum of dollars, and (prayer for gen- eral relief). (This hill should fie verified.) NEW HAMPSHIRE ^^ Form No. 288 PETITION FOR DISSOLUTION OF CORPORATION To the Superior Court for the County of : Respectfully represent the subscribers whose names and residences are hereto appended. That they are a majority in interest of the stockholders of the X. Company, a voluntary corporation organized under the laws of the state of New Hampshire; that said corporation has its principal place of business in Boston in the state of Massachusetts, and has the office of its clerk in Concord in said county of Merrimack; that in pursu- ance of a unanimous vote of said corporation, passed June 15, 19. ., it 13 The above form is peculiar to the chancery practice of New Hampshire. BILLS TO DISSOLVE CORPORATIONS 385 has discontinued business, sold its property, paid all of its debts, and distributed all of its assets among its stockholders. Wherefore your petitioners desire a dissolution of said corpora- tion in accordance with the statute in such case made and provided, and pray for such orders and decrees as may be necessary therefor. {Here follow names and addresses of stockholders and number of shares held by each.) NEW JERSEY i* Form No. 289 BILL FOE APPOINTMENT OF RECEIVEE OF INSOLVENT CORPOEATION (Title and Address.) Humbly complaining shows unto your Honor, T. A. D., of as a creditor and stockholder of the S. T. Company, a corporation of the state of New Jersey, for and on behalf of himself, and all other creditors and stockholders of said company who shall come in and contribute to the expenses of this suit: 1. The S. T. Company was Incorporated on the day of A. D. 19 . . , under the laws of the state of New Jersey, for the purpose, among other things, of 2. The said S. T. Company had a total authorized capital stock of fourteen million dollars, divided into one hundred and forty thousand shares of the par value of one hundred dollars each, of which total authorized capital stock, seventy thousand shares, amounting to seven million dollars. Is preferred stock, and seventy thousand shares, amounting to seven million dollars, is common stock. 3. After such incorporation the organization of the said company was perfected, and five thousand shares of the said preferred capital stock of the par value of five hundred thousand dollars, and fifty-two thousand shares of the par value of five million two hundred thousand dollars was issued either for cash or property purchased, and the said company has engaged in, and has continued to the present time to carry on the trade and business of , at the following places, to-wit: (Name them.) 4. The officers of the said company at the present time are as fol- lows: (Name them), and the directors of the said company are as follows: (Name them.) 5. The principal office of the said S. T. Company in the state of New Jersey is located at (street and city)} and the agent In charge thereof and upon whom process may be served. Is K. L. 6. After the organization of the aforesaid company, it did by its certain mortgage, bearing date the day of 19.., convey all of Its property, both real and personal, to the M. Trust Company of , in trust, to secure the payment of the bonds i« Dissolution of corporation in the Court of Chancery in New Jer- sey is on petition of the receiver appointed under Sec. 69 of the cor- poration act. The above Is a creditors' and stockholders' bill for the appointment of receiver of an Insolvent corporation. The above form, although obtained from the practice of New Jersey, Is available for use in general chancery practice. 386 EQUITY FORMS which it might thereafter issue to an amount not to exceed sixty per cent of the appraised valuation of the mill properties, and under the terms and provisions of the aforesaid mortgage, there was issued and outstanding bonds to the amount of five hundred thousand dollars. 7. Your orator is a stockholder in the said S. T. Cpmpany, being the holder of one share of the common stock of said company, and he is a creditor of the said S. T. Company to the amount of dollars, which said indebtedness is represented by two certain prom- issory notes (describe them), and payment thereof has been refused by the treasurer of said company on the ground that the aforesaid company had no funds. 8. There is deposited with your orator as collateral for the afore- said notes, bonds of the aforesaid company to the amount of dollars, and one hundred shares of the preferred stock of the said S. T. Company; and your orator charges and insists that the present financial condition of the aforesaid S. T. Company is of such a pre- carious character, that unless through the intervention of this Court, the aforesaid collateral will be of little or no value; and the afore- said collateral has no market value. 9. On or about the day of , 19 . . , your orator was elected a director of tlie aforesaid S. T. Company, and remained as such director until 19. ., and as such director he has made a thorough examination of the financial condition of the said company, and although he is unable to state with accuracy the exact amount of its indebtedness, he is competent to say, with his own knowledge, that it is hopelessly Insolvent; that in addition to the aforesaid bonds it has liabilities to approximately the sum of one hundred thousand dollars, and that its assets at the present time consist exclusively in its ownership of the aforementioned mills; that owing to the insolvent condition of the said company, it has been unable to operate, and at the present time, has closed down the following mills, to-wit: {name them) ; and that it has a large amount of outstanding promissory notes, the majority of which have matured, and the remainder of which will shortly hereafter mature; that as to such notes as have matured, payment thereof has been refused upon demand, upon the ground that the said company had no funds; and that as to such notes as shall hereafter mature, the company has no funds witii which to meet the same. 10. Your orator has ascertained that a certain promissory note of the S. T. Company for the sum of dollars, given to has matured to-day and was presented for payinent, and that there were no funds to meet the same, and your orator believes that the said will, unless restrained, commence proceedings against the aforesaid company, by attachment or otherwise, and will as against the remaining creditors of this company thereby acquire an inequi- table preference as against the other creditors and bondholders of said company. 11. Your orator further shows and charges the fact to be, as afore- said, that the said company is insolvent and has not the funds where- with to carry on its ordinary business. To the end, therefore, that: 1. {Prayer for answer.) BILLS TO DISSOLVE CORPORATIONS 387 2. That your orator and other creditors and stockholders of the said company may be paid what is justly due them, and that the said company may be enjoined from exercising any of its franchises, and from receiving any debts due to it, and from paying and transferring any of its moneys or effects, and from continuing its said business, except under the order and direction of this Court. 3. That it may be decreed to be insolvent, and that a receiver may be appointed according to the form of the statute in such case made and provided, and that the said receiver, when so appointed may be directed, if it be deemed advisable by this Honorable Court, to com- plete the manufacture of the products of the said company, now owned by it, and partially manufactured, including such raw material as it may now have in its possession, and that he may, under the direction of this Court, if it shall be deemed advisable, operate the aforesaid mills of this company for that purpose. (Add prayers for general relief and for process.) (Verification.) PENNSYLVANIA i^ Form No. 290 PETITION FOK DISSOLUTION OF CORPORATION (Title and Commencement.) The petition of the X. Company respectfully shows: 1. The said company is a corporation of the state of Pennsylvania, having been incorporated on the day of , A. D. 19. ., under the provisions of an act of the General Assembly of the com- monwealth of Pennsylvania, entitled "An act to provide for the incor- poration and regulation of certain corporations," approved the twenty- ninth day of April, A. D. 1874, for the purpose of (state purposes). 2. The operations of the company are carried on in , and its principal oflBce and place of business is located in 3. At a meeting of the stockholders of said company, duly held on the day of , A. D. 19. ., it was resolved by a majority in interest of said stockholders to apply to said Court for a decree dissolving the said company. 4. The said company has no debts or liabilities (if corporation for profit, insert), and all taxes due thereby to the commonwealth have been duly paid into the state treasury, as appears by the certificate of the Auditor General, State Treasurer, and Attorney General, to that effect, herewith filed. (// corporation not for profit, insert:) The said company is a corporation without capital stock, not for profit, and therefore not subject to taxation for state purposes, and is not indebted to the commonwealth of Pennsylvania for any taxes. Wherefore, the petitioner, showing to the Court that the prayer of its petition may be granted without prejudice to the public welfare or the interests of the stockholders prays the Court for permission to 15 The above form is peculiar to the chancery practice of Pennsylvania. 388 EQUITY FORMS , surrender any and all powers contained in its charter, and that the Court will make a decree for the dissolution of said corporation. X Company, By C. D., President. {Corporate seal) Attest: A. B., Secretary. Commonwealth of Pennsylvania,! County of f ^^• A. B., secretary of the X. Company, the corporation petitioner, be; ing duly sworn according to law, deposes and says. That the state- ments made in the foregoing petition are true to the best of his linowl- edge, information and belief; that he is the secretary of the said cor- poration and was personally present at the signing and sealing of the within petition; that the seal thereto aflSxed is the common or cor- porate seal of the said company and was so affixed thereto by order of said corporation, and that the names of C. D., president, and of this deponent, as secretary of said corporation, subscribed to said petition in attestation thereof, are in proper form and in the respective hand- writings of the said C. D. and of this deponent. Sworn and subscribed before me, A. B., this day of , A. D. 19... Witness my hand and seal. E. F. (Seal) RHODE ISLAND 16 Form No. 291 (a) PETITION FOE DISSOLUTION OF COEPORATION Providence, Sc. Superior Court. In the Matter of Petition I for Dissolution of l W. A. S. M. Corporation. J No To the Honorable, the Superior Court, sitting in Providence, within the county of Providence. Respectfully represent: W. A. S. and C. D. T.: First: The W. A. S. M. Corporation is a corporation having a capital stock, duly organized under the laws of the state of Rhode Island, by an act of the General Assembly of said state, passed on the day of , 19... Second: Your petitioners are stockholders in said W. A. S. M. Cor- poration. Third: The W. A. S. M. Corporation • has discontinued for a long time the business for which it was incorporated and is not now en- gaged in said business. Said company has no indebtedness of any 16 By Gen. Laws, 1909, Chap. 213, No. 27, as amended by Pub. Laws, Ch. 424, Jan. '09, a corporation may be dissolved by petition. The above form is peculiar to the chancery practice of Rhode Island. BILLS TO DISSOLVE CORPORATIONS 389 kind or nature whatsoever and has no assets^ except its corporate charter and franchise. No reason exists for the longer continuance of said corporation and it is right and proper, and for the interest of all its stockholders that said corporation should be dissolved. There is no necessity for the appointment of a receiver of said company. Fourth: A meeting of said corporation was held on the .... day of > 19. .1 and all of the stockholders of said company were present either in person or by a duly appointed attorney and the following vote was passed, all of the members of said corporation having voted in favor of said resolution, as appears by the records of said company: (Insert vote authorizing dissolution.) Wherefore your petitioners pray that a, citation may issue to said W. A. S. M. Corporation to appear in Court on a day therein named and to show cause, if any it has, why a dissolution of said corporation should not be decreed under the provisions of Chapter 424 of the Public Laws of the state of Rhode Island, passed at the January ses- sion, A. D. 1909, of the General Assembly of said state, and that such reasonable notice to other parties in Interest may be given of the pendency of this petition as shall be prescribed by this Court. W. A. S. C. D. T. RHODE ISLAND Form No. 292 PETITION FOB DISSOLUTION ANB APPOINTMENT OF BECEIVEK 1 The Honorable the Superior Court of the State of Rhode Island, in and for the County of Providence. Respectfully represents H. M. M. of First. Your petitioner is a stockholder in the T. M. P. Corp., a corporation organized under the laws of the State of Rhode Island, with a capital stock of $ of which amount $ is preferred stock divided into five hundred (500) shares of the par value of One Hundred Dollars ($100) each, and $ is com- mon stock divided into seventeen hundred and fifty (1750) shares of the par value of One Hundred Dollars (|100) each. None of the pre- ferred stock and all of the common stock is now outstanding. Your petitioner holds more than a majority of the common stock. Second. Said corporation was organized on the tenth day of A. D. 1902, for the purpose of engaging in the business of manufacturing, buying, selling and dealing in jewelers' findings, etc., and is neither a bank, nor a savings bank, nor a trust company in- corporated under the laws of the State of Rhode Island. Third. Said corporation is indebted in a large amount to a large number of creditors, which said debts are long overdue and unpaid and said corporation is insolvent in that it is unable to pay its debts in the regular course of business. Fourth. Certain of said creditors whose debts are now overdue 1 Petition under G. L. 1909, ch. 213, No. 27, as amended by Pub. Laws, ch, 424, Jan., 1909 and ch. 780, Jan., 1912. 390 EQUITY FORMS and unpaid have demanded and are demanding immediate payment of their respective debts and have threatened and are now threaten- ing to enforce collection of their said several debts by suing out writs of attachments and thus securing a preference tor their said debts, and also dissipating the assets of said corporation and destroy- ing the value of its property as a going business. Fifth: Said corporation is unable because of its inability to meet its debts and obligations in the regular course of business and be- cause of the threatened action on the part of its creditors to carry on its business or to complete its contracts now on file and should be dissolved and its affairs wound up. Wherefore your petitioner prays this Honorable Court to appoint a time and place for a hearing upon this petition and to prescribe such reasonable notice thereof as to this Honorable Court may seem meet, and upon said hearing to enter a decree dissolving said corpo- ration and appointing a receiver of its estate and effects under the provisions of chapter 213 of the General Laws of the State of Rhode Island, 1909, and the acts in amendment thereof and in addition thereto; and pending such hearing and appointment of a receiver, to enjoin all creditors of said corporation from proceeding at law to enforce their debts against said corporation by attachment, garnish- ment or otherwise and from the collection of said debts, and for such other and further relief in the premises as to this Honorable Court shall seem meet and to justice and equity appertain. As in duty bound, your petitioner will ever pray. WEST VIRGINIA is Form No. 293 (1) CREDITOK'S BILL TO DISSOLVE A CORPORATION is 1. Heretofore, to-wit, on the 21st day of July, 19 . . , under a cer- tificate of that date issued by the Secretary of State of the state of West Virginia, the defendant company was incorporated for the pur- pose of mining coal and other purposes therein mentioned, under the laws of said state, with a capital stock of $25,000.00 whereof f2,500.00 was paid in, which Certificate was duly recorded in the Clerk's oflSce of the County Court of said county on the 18th day of August, 19 . . . A copy of said certificate is herewith filed as part hereof, marked "A." 2. Prior to the incorporation of the defendant company under said certificates, plaintiff was the equitable owner of two tracts of land (description). Being such owner he was solicited by the defendants, F. H. S. and G. B. W., who were then and are still residents of Balti- more, Maryland, and who were then, and have ever since been as plain- tiff is advised and charges, insolvent, to join with them and others, to- wit, the said defendants, J. P. W. and G. B. C, and Incorporate them- selves into a coal and mine operating company, to be called the de- fendant company, for the purpose of mining and shipping coal and manufacturing and shipping coke. Pursuant to said solicitation the IS The above forms, although obtained from the practice of West Virginia, are available for use in general chancery practice. 19 Adapted from bill in Rainey vs. Freeport C. & C. Co., 58 W. Va. 424. BILLS TO DISSOLVE CORPORATIONS 391 defendant company was incorporated, and it was mutually agreed that the stock of said company should be divided into 350 shares of the par value of $100.00 each, whereof plaintiff should own 42 shares, the defendant, D. H. P., 41 shares and the defendant, C. K., 41 shares, making a total of 124 shares owned by them as resident stockholders, and that 24 shares should be owned by defendant, F. H. S., 48 shares by said defendant, G. B. W., 49 shares by said defendant, J. P. W., and 5 shares by said defendant, G. B. C., making a total of 126 shares owned by them as non-resident stockholders. It was agreed that the said two tracts of land, the equitable title whereof was in plaintiff as aforesaid, should be sold and conveyed through the medium of defend- ant, W. T. I., Jr., as the legal grantee in trust for said corporation, for the sum of $5,000.00, to be accounted for to plaintiff in the sum of $2,500.00, which was to represent said paid up capital stock and which was advanced by said non-resident stockholders or some of them. Said $2,500.00 was paid to plaintiff's vendors of said tracts of land and coal, and title to the same was afterwards conveyed by them to said W. T. I., Jr., who held the same in trust, and afterwards by deed dated the 16th day of August, 19 . . , conveyed the same to said defendant company. Copies of said deeds are also herewith filed as part hereof marked "C," "D," "E" and "F." 3. By mutual consent of the parties in interest, owning a majority of said stock, through the concession of plaintiff, it was also mutually agreed that plaintiff should be and continue until otherwise ordered by said company, its general manager and superintendent with full power and authority (describe powers). For this service it was agreed that plaintiff should receive the sum of $75.00 per month. Plaintiff's said employment began about the 1st day of Aug^ust, 19.., and continued up to about the 1st day of November, 19 . . . During plaintiff's said employment, and in fact during and since the incor- poration of said company, so far as plaintiff is advised, no meeting has ever been held by it in the state of West Virginia, particularly at P. (which by said certificate of incorporation was made its prin- cipal ofBce and place of business), but during all that period plaintiff performed his ofllce as superintendent faithfully and zealously for the good of said company (describe plaintiff's performancie of his duties in detail). 4. Plaintiff is and always has been ready to account to said com- pany by reason of his agency therefor; all the money ever received by him on account of the same has been paid out for labor and material employed and used at the mines; but a very large part of his salary, to-wit, not less than $955.00, remains unpaid, for $675.00 where- of he has obtained and secured his mechanic's lien against the prop- erty of said company, and has instituted his chancery suit in this Court for the purpose of enforcing the same. 5. Ever since the incorporation of said company, the plaintiff has made repeated demands both by letter and in person to said company or to such of the officers thereof, as he was advised were its ofllcers, both in said city of Baltimore and in the town of P., its principal place of business, not only for payment to plaintiff of his salary and for the necessary funds to carry on the operations of said company at the mines, and to pay its other debts, but also that plaintiff might 392 EQUITY FORMS have notice of, and be permitted to participate in meetings of the stockholders and directors of said company, and that the same should be held according to its certificate of incorporation at P., its principal ofiace and place of business, in order that plaintiff might protect his own interests as a creditor and stockholder in said company, and that such proceedings might be taken by said company as would Inure to the best interests of the stockholders; and plaintiff has also made application in like manner to said company through its said officials to institute, if necessary, such legal proceedings as were proper for the payment of its debts, winding up its affairs, dissolving its coi^ porate existence, and dividing its surplus assets, if any, after the pay- ment of its debts, among its stockholders; but said company and its said officers have always refused, and still refuse, either to provide for the payment of its debts, operate said mines, permit plaintiff to operate the same, or to sue or wind up the affairs of said corporation, or dissolve the same, or do any other act or thing which by its relation to its said stockholders it is in equity and good conscience bound to do for their mutual interest and protection; and on the contrary have recently undertaken to seize, and in fact have seized the said personal property, or such of it as still remains unwasted, mislaid, lost or pur- loined, as plaintiff charges, through the negligence and passive per- mission of said company. 6. Plaintiff is advised and charges that by reason of the reckless neglect and wasteful management of said property, it is now insolvent, and has no means by which it can pay its debts, and that to permit the same to so continue is to the manifest injury and loss of plaintiff. 7. The said defendants, D. H. P. and C. K., are not now the owners o! any stock in said company; but their said stock is now owned by plaintiff, and has been owned by him since the day of October, 19. ., of which the said defendant company and its other stockholders, had full and complete notice, and plaintiff is therefore the owner of nearly one-half or 124 of the 250 shares of the capital stock of said company. Plaintiff, therefore, prays that the said defendants may be sum- moned to answer this bill under oath; that a receiver may be appointed to take charge of, and preserve said personal property owned by said company; that there may also (notice whereof was heretofore on the 14th day of June, 1902, given said company in, writing, which is here- with filed as part hereof marked "Notice") be appointed a receiver of said real estate to preserve the same from injury in respect to the mines thereon and otherwise; that plaintiff's accounts as superin- tendent and manager of said property from said .1st day of August, 19 . . , to said 1st day of November, 19 . . , may be settled ; that the assets of said corporation may be ascertained; that its debt and liabil- ities may be also ascertained; that the payment thereof may be provided for, if necessary, by a sale of its real and personal prop- erty; that its corporate affairs may be wound up, the said cor- poration dissolved, and its surplus assets, if any, divided among its stockholders according to their several and respective rights therein; that said defendant company, its agents, servants and employees, and all other persons upon the property of said company, or in possession thereof, or In any manner using or employing the same may be enjoined BILLS TO DISSOLVE CORPORATIONS 393 and restrained until the further order of the Court herein from wast- ing or abusing the same. lAdd prayer for general relief,} Form No. 294 (2) OBEDITOR'S BIIJ, TO EEACH PROPERTY OP EXPIRED CORPORATION 20 (Title and Oommenoement.) 1. On the day of 18 . . , a certificate was issued by the Secretary of State of West Virginia, to the corporation, the L. F. Company, the duration of which corporation was twenty years, and which corporation expired by its own terms on 19 . . . A copy of said certificate of incorporation will be found in the acts of the Legislature of 18 . . , at page to which reference is made. 2. One of the incorporators in said company was W. C. S., who departed this life on the day of 19. ., intestate; and the plaintiff has been duly appointed and has qualified as administrator of his estate. A copy of the order made by the clerk of the Counts Court of county, making such appointment, is herewith ' filed as a part hereof, as "Exhibit No. 1." 3. The said W. C. S. died possessed of shares of stock of said company of the value of '. dollars. 4. The said W. C. S. was elected and duly qualified and entered upon the performance of the duties of general manager and general agent of said L. F. Company soon after its incorporation, and by a power of attorney was appointed as attorney in fact for said corpora- tion on , 18. ., which power of attorney is duly recorded (etc.). A duly certified copy of said power of attorney is herewith filed as a part hereof, as "Exhibit No. 2." 5. The salary to which the said W. C. S. is entitled would be at the rate of one hundred dollars per month during the lifetime of said corporation, and after the expiration of said corporation its business affairs were managed and conducted the same as they had been prior thereto. No proceedings whatever were had to wind up and settle the affairs of said corporation ; and the only representative in the state of West Virginia of said corporation was the said W. C. S., and at his death there remained no person in this state either as an incorporator, stockholder, director or officer of any kind whatever who was inter- ested as such stockholder or oflScer or director in said corporation. 6. On the day of 18. . , there was conveyed to the said defendant corporation a tract of land {description). A copy of which deed is herewith filed as a part hereof, as "Exhibit No. 3." There are no outstanding leases in force on said tract of land to any one, and there Is no one in West Virginia now authorized to take charg» and possession of said tract of land and operate the same. 7. Plaintiff further charges that the said deceased, W. C. S., is justly entitled to receive for his services in the transaction and busi- ness of said corporation the sum of $1,200 per annum, which services 20 From Stiles vs. Oil and Gas Co.. 45 W. Va. 374. The above form is peculiar to the chancery practice of West Virginia. 394 EQUITY FORMS would date from the date of said power of attorney, to-wit 18 . . ; that up to the day of 19 . . , there would be due the siun of $31,200 on account of such services; that during all of said time there was received by said W. C. S. the sum of $4,553.90, which deducted from the gross sum would leave a net sum of $26,646.10 due to the said W. C. S. at the time of his death and now due to the plain- tiff as such administrator. 8. Plaintiff further charges that he is now entitled as a creditor and personal representative of a stockholder, to-wit, the said W. C. S., under the provisions of section 58 of chapter 53 of the Code of West Virginia, to have the affairs of said corporation wound up and a receiver appointed to take charge of and manage the property and affairs of " said corporation pending this proceeding; and that said receiver should be empowered to administer the assets of said cor- poration. 9. Plaintiff further charges that the defendants (iiame them) are stockholders in said corporation, and that the other stockholders in said corporation are unknown to the plaintiff, and that each of said stockholders is a non-resident of the state of West Virginia. 10. Plaintiff further charges that portions of the real estate owned by the said defendant corporation as aforesaid is oil producing terri- tory, and there are two producing wells thereon at this time; that there is no one authorized to take charge of and manage the same, and that there is constant loss by reason thereof; that a portion of said real estate is cleared land and suitable for farming and grazing purposes, and there are dwelling houses thereon occupied, but there is no one authorized to collect the rents or make terms for farming and grazing said lands, and in the absence of any person authorized to administer said estate of said company there is loss and danger of loss and injury by burning of house, destruction of fences, loss of tenants and total loss of income. Plaintiff, therefore, prays that he may have a decree against the said corporation for $26,656.10; that there may be a receiver appointed to take charge of and administer the assets of said corporation; that the affairs of said corporation may be wound up under a decree of this Court, and the real estate owned by it sold in satisfaction of the claims of the plaintiff, which is the only debt the corporation owes to the knowledge of plaintiff. {Add prayer for general relief.) NEW JERSEY Form No. 294a BILL BY STOCKHOLDERS FOB RECEIVER, DISSOLUTION OF CORPORATION AND INJUNCTION i {Title and Address.) The Complainant, A, residing in the City of Newark, County of Essex and State of New Jersey, a stockholder of B Company, a cor- poration organized and existing under the laws of the State of New 1 The above form though taken from the chancery practice of New Jersey is available for use in general chancery practice. For form of order on this bill, see Form No. 962-a, BILLS TO DISSOLVE CORPORATIONS 395 Jersey, for and on behalf of himself and all other creditors and stockholders thereof who shall come in and contribute to the ex- penses of this suit, respectfully shows that: 1. Complainant is a stockholder, holding five shares of stock of the par value of One Hundred Dollars each, for which shares of stock he paid the sum of Five Hundred Dollars. 2. That B Company, is a corporation organized and existing under the laws of the State of New Jersey, and was incorporated on Decem- ber 29, 1916, pursuant to an act of the Legislature of the State of New Jersey, entitled "An Act Concerning Corporations (Revision of 1896)" and the several acts amendatory thereof and supplemental thereto. 3. The authorized capital stock of the said B Company is $50,000 divided into 500 shares of the par value of $100 each. The said cor- poration commenced business with ?2,000 subscribed for by the in- corporators. 4. That said B Company is engaged in the business of and its place of business is at Street, in the City of Newark, in the County of Essex. 5. The assets of said B Company consist principally of six auto- mobile delivery trucks of an approximate value of $12,000, one of which automobile trucks is covered by a chattel mortgage or condi- tional bill of sale, book accounts of the value of approximately $200 and miscellaneous personal property of the value of approximately $100.00. 6. The said corporation has liabilities amounting approximately to about $2,500.00. It has no money or cash wherewith to meet these obligations, and there is due and owing to C Garage, at S Street, Newark, New Jersey, approximately $220.00 which said gar- age bill is long past due. 7. On or about the 14th day of April, 1917, a meeting of the di- rectors of said company was held at which meeting a resolution was passed to the effect that the business of said company be sold out and that a commission of 2% per»cent be paid to the party who is successful in consummating the sale. Your complainant fears that the sale of said business at this time will be prejudicial to the rights of creditors and stockholders. 8. The officers of the said corporation are the following: (Name them.) 9. Complainant alleges that on information and belief that the said business was not properly managed and that the parties con- nected with said business have no practical knowledge of the carting and transporting business. 10. Complainant was employed by said Company in the capacity of driving one of Its automobile delivery trucks, and was being paid $18 per week salary, and on the 23rd day of April, 1917, complainant was discharged, no reason being assigned for his discharge, and complainant alleges that the real reason for his discharge is the desire on the part of some of the stockholders to dispose of said business at a great sacrifice and in fraud of the rights of this complainant and other creditors and stockholders. 11. The business of the said corporation cannot be continued so 396 EQUITY FORMS as to enable the corporation to pay its just debts or carry on its op- erations with profit to its stockholders, and the further continuance of the business will necessarily be at the sacrifice, injury and depre- ciation of the rights of its creditors and stockholders; and there is no prospect of the corporation, in the immediate future, being able to render its assets available for the discharge to any substantial extent of its current obligations. 12. That said corporation is insolvent, and its business has been and is being conducted at great loss and greatly prejudicial to the interest of its creditors and stockholders. 13. Unless the assets of the corporation are properly marshalled and preserved by a Receiver to be appointed therefor, complainant fears that such assets will be dissipated and sacrificed to the great in- jury of complainant and the other creditors and the stockholders of said corporation. In consideration whereof, and forasmuch as this complainant is without adequate remedy in the courts of law, complainant prays: 1. That the defendant corporation may answer this bill of com- plaint without oath and may set forth and discover the goods and chattels, rights and credits, moneys and effects and real estate of every kind and description belonging to said corporation. 2. That complainant and the other creditors and stockholders of the said corporation may be paid what is justly due them, and that the corporation may be enjoined from exercising any of its fran- chises, and from receiving any debts due It, and from paying and transferring any of its moneys and effects, and from continuing its said business, and 3. That it may be decreed to be insolvent, and 4. That a receiver may be appointed, according to the form of the statute in such case made and provided, and with tlie usual powers. 5. That the said assets of the said corporation and the rights of complainant and all other creditors and stockholders of the said corporation may be ascertained; and that the court may fully admin- ister the assets of the said corporation, and may, tor that purpose marshall all of its assets and ascertain all of the respective liens and priorities, if any, existing on any and all parts, thereof, and enforce the liens, and rights of all the creditors of the said corporation as the same may be finally ascertained. 6. That complainant may have such further or other relief in the premises as the nature of the case may require and as may be agree- able to equity and good conscience. 7. That defendant, its officers, agents and servants, and each of them, may be enjoined and restrained from exercising any of the privileges or franchises granted to said corporation and from collect- ing or receiving any debts due to the said corporation, from selling, assigning, or transferring any of the estate, money, funds, lands, tenements or effects of the said corporation. 8. That a writ of subpoena may issue commanding said defendant to answer this bill of complaint and to abide by such decree as this court may make in the premises. {Signatwe and Affidavit.) CHAPTER XVm CREDITORS' BILLS TO ENFORCE STOCK- HOLDERS' LIABILITY ILLINOIS 1 Form No. 295 BILL TO ENFORCE STOCKHOLDERS' LIABILITY AND FOR AP- POINTMENT OF RECEIVER OF DEFUNCT CORPORATION {Title and Commencement.) 1. On the 22nd day of March, A. D. 19. ., one G. T. brought an ac- tion in assumpsit In this Honorable Court on the law side thereof, against the U. S. Co., a corporation duly organized and existing under the laws of the state of Illinois, and thereafter, on the 15th day of May, 19.., he did recover a certain judgment in the said cause for the sum of ? , and costs of suit, as by the record in that behalf, which your orator is ready to produce, will more fully appear. 2. Thereafter on the 12th day of July, 19 . . , an execution issued out of said Court in tlie said cause against the said defendant, which was forthwith delivered to the sheriff of Cook county for service, and was by said sheriff thereafter on the 10th day of October, 19. ., returned to said Court, "No property found and no part satisfied." The said judg- ment is still in full force and effect, and unsatisfied. 3. On or about the 28th day of July, 19. ., the said G. T., duly sold, assigned, transferred and set over to your orator herein the said judg- ment, and any and all sum or sums of money that may be had or obtained by means thereof, and your orator is now the legal owner and holder of the said judgment. 4. The said U. S. Co. is a corporation duly organized under the laws of the state of Illinois, the certificate of the Secretary of State of Illinois to the organization of said corporation being dated April 7, 19... {Give abstract of the proceedings for incorporation.) The capital stock of the said corporation is $100,000, divided into one thousand shares of $100 each; the principal place of business of said corporation was in the city of Chicago. 5. Said corporation carried on business in said city of Chicago and elsewhere, and in the course of said business the indebtedness was incurred whereon the judgment as aforesaid was obtained. 6. About the month of July, 19. ., the said U. S. Co. became and has 1 Adapted from bill filed In Moore vs. United States Barrel Co., 238 111. 544 (1909). The above form, although obtained from the practice df Illinois, is aTallable for use in general chancery practice. 397 398 EQUITY FORMS remained wholly insolvent and ceased to do business; and as your orator is informed and believes, said company has no assets of any value whatsoever, save certain books of account, stock ledger, stock books, records and papers pertaining to its business, which are of no intrinsic value. 7. Subsequent to the incorporation of said U. S. Co., defendants, E. S. and L. S., severally accepted from the said company certificates of stock to the amount of their respective subscriptions aforesaid, to- wit, $25,000, and became and still are respectively the owners of two hundred and fifty shares each of the said capital stock. 8. About the month of October, 19.., defendant, D. D., became the assignee and owner of two hundred and fifty shares of the face value of $25,000 of the said capital stock of the said company, which said shares were immediately thereafter transferred and assigned to defend- ant, J. P. Prior to the issue of said shares to said D. D., as your orator is informed and believes, he confederated with the said J. P. to make it appear that said shares were fully paid; and in pursuance of said confederacy said P. furnished funds to the amount of $25,000 to said D.; said $25,000 were thereupon by said D. paid to the said U. S. Co., as if to pay for said shares; and immediately thereafter said shares were by said D. transferred to said P.; and said company, without consideration or for a trifling consideration, paid over said sum of $25,000 to said P., and the said sum never was, nor was any sum of money or other valuable thing except as aforesaid, paid to said company in respect to said shares or any of them, or in respect of the original subscription therefor. All of which acts and doings your orator charges were and are fraudulent and of no effect as against your orator. 9. None of the aforesaid capital stock so issued or assigned to the said E. S., L. S., S. S. or J. P., respectively, ever has been paid up, nor did the said company ever receive the face value thereof in cash or its equivalent. 10. Excepting the stock liability of the stockholders, all the assets of every kind and nature of the said U. S. Co. which can in any manner be applied to the payment of the debts of said corporation have been exhausted and disposed of, and there still remain unpaid debts of said corporation as aforesaid amounting to a large sum, to-wit, the sum of $16,000 and upwards. 11. The said D. D. and J. P. accepted and took the said 250 shares of said capital stock, well knowing that the original subscribers had not paid for the same in full, and that the same had not at any time been paid up in full, and that the same was then and there wholly or for the most part unpaid. 12. Your orator is informed and believes that the books of account, stock ledger, stock books, records and papers of the said company are in the possession of said L. S., who is and has acted as the secretary of the said U. S. Co., and said books, records and papers contain evidence of the aforesaid fraudulent manipulations. Unless your orator can secure the production of said books, records and papers at the hearing TO ENFORCE STOCKHOLDERS' LIABILITY 399 of this cause, he will be greatly hampered and hindered from offering legal evidence of the facts herein alleged and therein contained. Un- less an injunction or restraining order as hereinafter prayed against said L. S. be forthwith issued, and without notice, your orator's rights in the premises will be unduly prejudiced, inasmuch as the said books, records and papers may with ease be destroyed or removed from the jurisdiction of this Court by said L. S. or by any stockholder in said U. S., whose interest it is to suppress evidence of his liability in respect of the said capital stock. Forasmuch, therefore, as your orator is without remedy save in a court of equity, and to the end that: 1. (Prayer for answer.) 2. That an accounting herein may be taken by or under the direc- tion of this Honorable Court, and that the sum or sums of money due from the said defendants and each of them by reason of their aforesaid liability as stockholders in, or subscribers to the capital stock of said XJ. S. Co. may be ascertained and fixed. 3. That a receiver may be appointed to take possession of the books of account, stock ledger, stock books, records, papers and other assets, if any, of the said company. 4. That said defendants, E. S., L. S., D. D. and J. P. may be required to pay to' such receiver or to your orator such sums of money as may on said accounting appear to be due from them respectively, in that behalf. 5. That an injunction or temporary restraining order may be issued, restraining the said L. S. from turning over to any person or corpora- tion, or otherwise disposing of said books of account, stock ledger, stock books, records and papers of said TJ. S. Co., except to the receiver who may be herein appointed to take possession of the same. (Add prayers for general relief, for process, and for injunction.) (Verification.) MAINE 2 Form No. 296 BILL TO ENFORCE STOCKHOLDERS' LIABILITY (Title and Commencement.) 1. On the 6th day of June, 19.., the M. K. I. Company was duly organized as a corporation under the general laws of the state of Maine; the capital stock of said corporation was duly fixed at two hundred thousand dollars ($200,000) divided into two thousand (2,000) shares of one hundred dollars each. The corporation was located and had its place of business at H., and said corporation is still existing although it has ceased to do active business. 2. After the organization of said corporation, the defendant, L. O. C, 2 Taken from original bill under R. S. (1903) Ch. 46, § 47, on equity flies of Supreme Judicial Court, Cumberland county. The above form, although obtained from the practice of Maine, is available for use in general chancery practice. 400 EQtJITY FORMS on or about the 1st day of September, 19.., subscribed for, agreed to take and did take ten shares of the treasury stock of said corporation of the par value of one thousand dollars, and paid the said corporation for said ten shares the sum of forty dollars per share, or a total of four hundred dollars ($400) in cash. No other payment was ever made by said C. on said stock, either in cash or in any other matter or thing of value. A certificate for said ten shares was duly issued and delivered to and accepted by said C. on or about said Ist day of Sep- tember, 19.., and said C. has ever since retained and still retains bis ownership therein. 3. One R. R. J. and one J. M. B., as trustees for defendant, M. M. B., in his behalf and on his account on or about the 27th day of March, 19. ., subscribed for, agreed to take and did take twenty shares of the treasury stock of said corporation of the par value of two thousand dollars, and paid to said corporation for said twenty shares, forty-five dollars per share, or a total of nine hundred dollars ($900); no other payment was ever made by said trustees or either of them or by said B. upon said stock eithet" in cash or in any other matter or thing of value; a certificate for said twenty shares was issued and delivered to and accepted by said trustees for and in behalf of said B. on or about said 27th day of March, 19. ., and retained by them for him until the 31st day of October, 19.., when said shares were transferred by said trustees to said B. and a new certificate therefor issued by said cor- poration to said B., who has ever since retained and still retains the ownership thereof. 4. On" the 1st day of January, 19 . . , while both of said defendants were stiU owners of stock in said corporation as hereinbefore set forth, your complainant became a contract creditor of said corporation to the amount of $1,827.67 by virtue of certain services rendered and property leased but not for any mortgage debt of said corporation; and on the 10th day of October, 19. ., the plaintiff recovered in the Superior Court of Kennebec county, a judgment against said K. M. I. Company for the said sum, with costs of suit taxed at $14.00; based upon plaintiff's said contract claim or debt. 5. An execution on the judgment aforesaid was duly issued from said Superior Court against said K. M. I. Co., on the 13th day of October, 19 . . , which ^ecution was duly placed in the hands of G. T. S., sheriff for said county of Kennebec, for satisfaction, and said sheriff, after diligent search and inquiry, could find no property of said cor- poration within his precinct and on the 24th day of October, 19.., made return on said execution accordingly and returned aald execution Into Court In no part satisfied, and no part of said Judgment, execution or costs dn« from said corporation has ever been paid or satisfied. Wherefore the plaintiff prays: 1. That each of said defendants may be ordered and decreed to pay to the plaintiff his Just proportion of the amount due upon said execution. {Add prayers for general relief and for process. ) TO ENFORCE STOCKHOLDERS' LIABILITY 401 MARYLAND » Fonu No. 297 BILL BY BEOBIVEB TO ENFORCE STO0EHOLDEB3' LLt^ILIIY {Title and Commencement.) 1. On the day of , 19- •, your orator was appointed receiver of the A. B. Company, a corporation of the state of Maryland, by the Circuit Court of county, a certified copy of the charter of said corporation being herewith filed as a part hereof and marked "Exhibit A;" and he was authorized and directed by an order of said Court heretofore passed in the cause of C. D. vs. E. F., docket , folio to institute these proceedings which cause is prayed to be taken and considered as a part hereof. 2. The said company is hopelessly insolvent and utterly unable to pay its debts; your orator has made distribution of all the assets of said company to the creditors entitled to participate therein but the dividends received by such creditors only amounted to 60 per cent of their respective claiins. 3. The defendants, G. H., I. J. and K. L., are stockholders of said company, holding respectively ten, thirty and sixty shares of the com- mon stock of the said company, of the par value of |100 per share, but said defendant stockholders being original subscribers at the time of the incorporation of the company, only paid into said company $50 for each and every share so subscribed instead of the par value of $100 per share, although the present creditors of said company became creditors thereof believing that the stock of said company had been fully paid for. 4. The total sum still due the said creditors as shown by the auditor's account stated in the case of C. D. vs. E. F., above mentioned, is $7,500, whereas the amount of the unpaid subscriptions of stock of the said company held by the defendants totals the sum of $5,000, and in order, therefore, that the creditors shall receive the payments to which they are entitled, it is necessary to enforce the liability of these defendant stockholders for their respective amounts remaining due and unpaid upon the stock held by them. To the end, therefore, 1. That a decree shall be passed directing the said G. H., I. J. and K. L., defendants, to pay the said respective sums owing by each for the stock subscribed for and held by them. 2. And that your orator may have such other and further relief as may be proper in the premises. (Add prayer for process.) 8 Under the present law to the State of Maryland, there Is no procedure by creditors to enforce stockholders' liability. This method of procedure ceased with the Act passed by the LeglslatufS In 1908. Under the present law, stockholders' liability is usually enforced by an action at law and the right to such action devolves only upon the corporation or the receiver, trustee or assignee of such coiporation. The above form, although obtained from the practice of Maryland, is available for use In general chancery practice. 402 EQUITY FORMS MASSACHUSETTS « Ponn No. 298 BILL TO ENFORCE DOUBLE LL/LBILITY OF STOCEHOLDEBS IN A BANKING COBFOBATION {Title and Commencement.) 1. The plaintiff brings this bill on behalf of himself and all other creditors of the T. S. D. Company. 2. Said T. S. D. Company was organized on the day of , 19 . . , under the laws of Massachusetts. The amount of the capital stock issued was $200,000 divided into two thousand shares. 3. By decree of this Court entered February 29, 19.., F. S. H. was duly appointed receiver of said T. S. D. Company and duly filed his bond and entered upon the duties of such receivership. 4. Under section 30 of chapter 116 of the Revised Laws the share- holders of said T. S. D. Company are liable equally and ratably and not one for another, for all contracts, debts and engagements of said company to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares. 5. Said T. S. D. Company transacted business in this common- wealth, and contracted indebtedness to your complainant and divers other outstanding creditors, a large portion of which indebtedness is still outstanding, unpaid and unsatisfied; thereafterwards said com- pany became insolvent and a receiver -was appointed; as aforesaid to take possession of all its property and assets; said receiver did take possession of all such property and assets, and it now appears that there is not, and will not be, sufficient assets or property of said com- pany in the hands of the receiver, or to be collected by him, to liquidate the indebtedness of said company now outstanding. 6. By the consideration of the Justice of the First District Court of the county of Bristol, your complainant received judgment against said T. S. D. Company on the first day of February, 19 . . , in the sum of $377.43, debt or damage, and ?5.49 costs of suit. 7. An execution issued on such judgment dated February 2, 19.., and was delivered to D. D., a deputy sheriff for said county of Bristol, and on said February 2, 19. ., said D. demanded of the T. S. D. Company and of its treasurer, P. C. L., payment of the amount of said execution and of the officer's fees thereon; but the said T. S. D. Company for the space of thirty days after said demand did refuse and neglect to pay the same or to exhibit to said officer any real or personal estate of sai(l company subject to be taken on execution and sufficient to satisfy the said execution or any part thereof; and said execution remains un- satisfied in every part and the entire amount of said execution Is still due. A copy of said execution and the officer's return thereon Is an- nexed to this bill and marked "A." 8. At the time when said suit of your petitioner, in which judgment was obtained, as aforesaid, against said T. S. D. Company, was com- menced, to-wit, the 12th day of January, A. D. 19.., and at the time of appointing of said receiver, the several defendants following who 4 The above form is peculiar to the chancery practice of Massa- chusetts. TO ENFORCE STOCKHOLDERS' LIABILITY 403 were stockholders in said company, owned eacli tlie number of sliares of tlie capital stock thereof set against their respective names, as fol- lows: (Here follows list of stockholders.) Wherefore your complainant prays: First. That said stockholders may be decreed to be individually . liable equally and ratably, and not one for another, for all debts and contracts and engagements of said T. S. D. Company, both to said com- plainant and to such other creditors as may become parties to this bill, to the extent of the amount of their stock in said company at the par value thereof as provided by said acts. Second. That such orders and decrees be entered as are meet and proper to enforce such shareholders' liability. Third. That the complainant and such other creditors as may join in this bill may have such other and further relief in the premises as the circumstances of the case may require and as to this Honorable Court may seem meet and proper. MICHIGAN ' Form No. 299 BILL TO ENFORCE STOCKHOLDERS' LIABILITY, FOB ACCOUNT ING, AND FOR APPOINTMENT OF RECEIVER {Title and Commencement.) 1. Heretofore on the day of , A. D. 19.., at a regular term of the Circuit Court for the county of then held at , in said county, your orator recovered a judgment in an action of assumpsit against the C. D. Company, a corporation organized and existing under the laws of this state and having its principal office for the transaction of business at , in the county of , in this state, one of the defendants hereto for the sum of dol- lars damages and costs of suit, whereof the said C. D. Company stands convicted, and which said costs were afterwards and on the .... day of A. D. 19 . . , duly taxed at the sum of dollars, all of which by the records of the said Court, whereto reference is prayed, fully appears. 2. Afterwards on the day of , A. D. 19. ., the said judgment remaining in full force and effect and wholly unsatisfied, your orator for the purpose of obtaining satisfaction thereof, sued and prosecuted out of the said Court a writ of fieri facias directed to the sheriff of the said county of that being the county wherein the principal ofllce of the said C. D. Company was then located, by which writ, said sheriff was commanded (give summary of the writ). 3. The said writ of fieri facias before the delivery thereof was duly endorsed, and was afterwards on the day of , A. D. 19.., delivered to the said sheriff to be by him executed in due form of law. 4. Afterwards on the day of A. D. 19. ., the said sheriff returned the said writ of fieri facias to the said Circuit Court wholly unsatisfied, with a return endorsed thereon under his hand that 5 The above form, although obtained from the practice of Michigan, is available for use in general chancery practice. 404 EQUITY FORMS (set forth return of sheriff) as by the said writ of fieri facias and the said return of the said sherifE thereon, now on file in the records and files of the said Court, and whereto reference is prayed, will fully api>ear. 5. The said judgment still remains in full force and effect not reversed, satisfied or otherwise vacated, and there is now actually and equitably due to your orator thereon the sum of dollars to- gether with interest thereon, from the date of the rendition thereof, at the rate of per cent per annum, over and above all claims of the said defendant, the C. D. Company, by way of set-off or otherwise. 6. The indebtedness of the said C. D. Company to your orator where- on the said judgment was recovered, was incurred between the day of , A. D. 19.., and the day of , A. D. 19 . . , and is for goods, wares and merchandise sold and delivered by your orator to the said C. D. Company, and for work and labor per- formed and materials for the same furnished by your orator for the said C. D. Company, and the particulars of such indebtedness are as follows: {Set forth the items of the indebtedness, giving dates and amounts as well as specifying the goods sold or work done, and if the amount of the claim toasi reduced hy partial payment or set-off before judgment, state the same and state that the judgment was for the balance after deducting such partial payments and set-offs.} 7. The said C. D. Company is a corporation organized under {state the act under which the corporation was organised) and it was organ- ized on or about the day of , A. D. 19. .. 8. The capital stock of the said C. D. Company, as stated in its articles of association, is the sum of dollars, consisting of shares of the par value of dollars each, and It appears from the said articles of association that the amount of such capital stock actually paid in at the time of the execution of said articles was dollars, and that the names and residences of the incorporating stockholders and the number of shares subscribed for each were as follows: Name , residence , shares {Give names and residence and number of shares as stated in articles, and if any amendment has been filed increasing the capital stock it should be stated, giving time and particulars of increase), and your orator is in- formed and believes and charges the fact to be that no amendment to the said articles relative to such capital stock has since been adopted by the said C. D. Company. 9. At the time of or after the organization of the said C. D. Com- pany and previous to the time when the indebtedness above mentioned was incurred by the said C. D. Company, one J. B., of , received from the said C. D. Company and became and was the owner of a large number of shares of the capital stock of the said company, and your orator is informed and believes and charges the fact to be that the said J. B. has not in any manner up to the present time paid to the said C. D. Company the full amount of the par value of the shares of stock so received and owned by him, and that he has not transferred the same in good faith to any responsible person. 10. {Proceed with a similar allegation as to each known stock- TO ENFOECE STOCKHOLDERS' LIABILITY 405 holder, each in a separate paragraph. If any are Tcnown to have in good faith transferred their shares to bona fide responsible holders, in- stead of the last clause of paragraph 9, insert) and your orator is also informed and believes and charges the truth to be that the said G. H. has since that time transferred and assigned his said stock to one I. K., of who is now the owner thereof, and that at the time of such transfer the said I. K. well knew that the said shares of stock were not fully paid up, and assumed all liability for the amount thereon re- maining unpaid, (and the concluding paragraphs of the stating part should be as follows:) H. Your orator sold and delivered the goods, wares and merchan- dise aforesaid to the said C. D. Company and performed the work and labor and furnished the materials aforesaid for the same to the said C. D. Company and extended credit for the same, relying upon the capital stock issued by the said C. D. Company prior to the time when the said indebtedness was incurred and believing that the same was issued in good faith and represented actual capital paid in, and your orator is informed and believes and charges the fact to be that other creditors have given credit to the said C. D. Company, relying upon the said capital stock, and that the same was issued in good faith and represented actual capital paid in, and he exhibits this his bill of com- plaint on his own behalf, as well as on behalf of all other creditors of the said C. D. Company, who shall elect to come in and make them- selves parties hereto, upon such terms and in such manner as this Court shall direct. 12. The unpaid balance upon the stock of the said C. D. Company, held by the defendants, J. B., E. F., I. K. (.naming all the stockholders who hold stock not fully paid up), which balance amounts to the dif- ference between the par value of the stock and the amount actually paid in thereon, constitutes an equitable asset of the said defendant, the C. D. Company, which is liable and should be subjected, so far as is necessary, to the payment of the debts of the said C. D. Company, and constitutes a trust fund for the payment of the creditors thereof. 13. This bill is not exhibited by collusion or agreement with the defendants hereto, or any of them, nor to protect the property and effects of the said C. D. Company or any part thereof against the claims of other creditors, but is liled merely for the purpose of compelling pa3Tnent of your orator's said judgment. Forasmuch therefore as your orator is without remedy in the premises save only in a court of equity, and to the end that: I. (Prayer for answer.) II. That th« defendant, C. D. Company, may be required to fully disclose the names and residences of all persons to whom any of the capital stock thereof has been issued prior to the day of , A. D. 19.. (date when first item of indebtedness was in- curred), and the number of shares then held by each and the amount actually paid in by them respectively and received by the said C. D. Company thereon. III. That the defendants, J. B., E. F., I. K. (naming each of the stockholders defendants), may respectively disclose the number pf shares of stock held by each of them respectively on the said day of A. D. 19. ., and how much has been paid thereon by 406 EQUITY FOPMS them respectively to the said C. D. Company and in what manner such payments were made. IV. That an account may be taken of the amount due to your orator upon the judgment aforesaid and that the defendant, C. D. Company, be decreed to pay the same together with the costs of this suit to your orator forthwith. V. Tliat in default of such payment an account may be taken of all the stock issued by the said defendant, C. D. Company, prior to the said day of , A. D. 19.., and the amount actually paid in upon such stock by the stockholders respectively. VI. That the said defendants, J. B., E. F., I. K. (naming all the stockholders defendants), may respectively be decreed to pay to such receiver the several amounts that shall appear to be due from them respectively on said account, to make up the full par value of the shares of stock held by them respectively prior to the said day of , A. D. 19.., in order that the judgment aforesaid of your orator with the Interest thereon and the costs of this suit and the claims of all other creditors who may come in and be made parties hereto, may be satisfied therefrom. VII. That some suitable person may be appointed by this Court as a receiver to receive and collect all assets of the said C. D. Company, with the usual powers and authority of receivers. {Add prayer for general relief.) (Verification.) NEW HAMPSHIRE « Form No. 300 BILL TO ENFORCE STOCKHOLDEES' LIABILITY AND FOE AP- POINTMENT OF EEOEIVEE (Title and Commencement.) 1. The N. E. B. C. was incorporated on March 10, 19.., possessing and subject to certain duties, rights, privileges and liabilities all as set forth in its charter, here in Court to be produced; said N. E. B. C. had for its object a dividend of profits among its stockholders. 2. Said N. E. B. C, at divers times after its incorporation, as afore- said, became indebted to the plaintiff, H. C. Co., in the amount of 59,726.91 and interest, for money paid, laid out and expended by said H. C. Co., for said defendant at its request, and interest upon certain sums of money due and owing from said defendant to said H. C. Co., for goods, wares and merchandise sold and delivered by said H. C. Co. to said defendant at its request, and for labor and services done and performed and materials provided by said H. C. Co. for said defendant at its request, according to an itemized account heretofore presented to said N. E. B. C. 3. Said N. E. B. C. at divers times after its incorporation, as afore- said, became indebted to the plaintiff, B., in the amount of ?22,953.77 and Interest for money paid, laid out and expended by said B. for said defendant at its request, for interest upon certain sums of money due « The above form is peculiar to the chancery practice of New Hampshire. TO ENFORCE STOCKHOLDERS' LIABILITY 407 and owing from said defendant to said B. for goods, wares and mer- cliandise sold and delivered by said B. to said defendants at its request, for labor and services done and performed and materials "provided by said B. for said defendant at its request, according to an itemized ac- count tieretofore presented to said N. E. B. C. i. The wliole amount of capital stock of five hundred thousand dol- lars ($500,000) as fixed and limited by the said charter of said N. E. B. C, has never been fully paid in cash as required by its charter; and no certificate of said payment of its said capital stock, fixed and lim- ited as aforesaid, under oath, signed by the treasurer and a majority of the directors of said corporation as required by law has ever been filed with and recorded by the town clerk of S. at which place said N. E. B. C. has always had and now has its principal place of business. 5. The amounts of said accounts being due and payable to the plain- tiffs, H. C. Co. and B., respectively, according to the items therein set forth, and said N. E. B. C, though often requested, having never paid the same, on the 8th day of July, 19. ., the plaintiffs presented in writ- ing said itemized accounts to and made a legal demand of the amounts due thereon on A. M. and W. H. B., president and treasurer, respect- ively, of the N. E. B. C, for the immediate payment of the amount of said accounts, with interest due thereon; the payment of same was refused by said M. and B., and said plaintiffs, then and there, im- mediately on refusal of payment of said amounts as aforesaid, upon July 8, 19. ., made demand of said M. knd said B., president and treas- urer as aforesaid, that each expose unincumbered personal property, liable to attachment, belonging to said N. E. B. C, sufficient to pay said amounts, interest thereon and costs of suit, so that the same might be attached on writs in favor of said plaintiffs, respectively, against said N. E. B. C, which was' also refused by said M. and B. 6. On August 15, 19.., the plaintiffs presented In writing said itemized accounts to and made a legal demand for the amounts due thereon on H. F. H., clerk of and a stockholder in said N. E. B. C, for the immediate payment of said amounts, with Interest thereon; pay- ment of same was refused by said H.; and said plaintiffs, then and there, immediately on refusal of payment of said amounts, as afore- said, upon said August 15, 19 . . , made demand on said H., clerk and stockholder as aforesaid, that he expose unincumbered personal prop- erty liable to attachment, belonging to said N. E. B. C. sufficient to pay said amounts, interest thereon and costs of suit, so that the same might be attached on writs in favor of said plaintiffs, respectively, against said N. E. B. C, which was also refused by said H. 7. Sixty days have now elapsed since said demands were made as aforesaid, yet the said N. E. B. C. has not paid said amounts, or either of them, nor has its treasurer or any of the officers or stockholders as aforesaid, of said corporation, paid or discharged said accounts, or either of them, nor have any of the officers or stockholders exposed un- incumbered personal property liable to attachment belonging to said N. E. B. C. sufficient to satisfy the amounts of said accounts, interest thereon and costs of suit, as aforesaid, so that the same might be at- tached in suits of the plaintiffs respectively, as aforesaid, against said 408 EQUITY FORMS N. E. B. C. for the security of said accounts, as aforesaid, but they severally refused and still refuse so to do. 8. All of said defendants were stockholders in said corporation on the date or dates when said accounts respectively became due and pay- able; each item in said accounts became due and payable on the date or dates therein set forth respectively; and said defendants had notice of all the premises before this suit was brought against them. 9. Notwithstanding the nonpayment of said debts to said plaintiffs, respectively, as aforesaid, and notwithstanding unincumbered personal property, sufficient to satisfy the same or either of them had not been exposed, the officers of said corporation have not called a meeting of the stockholders to provide means for the payment of said debts, or either of them, although more than sixty days have elapsed since the date of said demands. The said N. E. B. C. has no property or assets in said state of New Hampshire sufficient to satisfy said plaintiff's de- mands or any part of the same, and the plaintiffs have no adequate remedy at law. Whereby, according to the statutes in such case made and pro- vided, an action has accrued to the plaintiffs, respectively, to demand and receive of said defendants the full amount of their respective accounts, with interest thereon and costs of this suit, but the defend- ants, though requested have not paid said accounts or either of the same, but refuse so to do. Wherefore said plaintiffs for themselves and for all other creditors, who may join them in these proceedings against said N. E. B. C, pray that the amount of N. E. B. C.'s indebtedness to said plaintiffs, respect- ively, may be ascertained; that the individual liability of the defendant stockholders in said N. B. B. C. may be ordered, adjudged and decreed; that judgment may be rendered by said Court against said defendants, jointly and severally, in favor of said plaintiffs, respectively, for the full amount of their respective accounts, interest on same and costs of this suit; and for the full amount of any other claims of parties or creditors who may join said plaintiffs in these proceedings, as afore- said; that the respective rights of said plaintiffs and all other creditors who may join in this bill may be determined; that a master may be appointed by said Court to call a meeting of the stockholders in said N. E. B. C, and do such other acts, under the direction of said Court, as may be deemed necessary to secure and protect the rights of the plaintiffs respectively; that a receiver to represent said N. B. B. C. may be appointed to institute such proceedings and take such other measures within or without the state for enforcing the individual liability of the stockholders in said N. B. B. C, to said plaintiffs as the Court may deem proper; and for such other relief as may be just. NEW JERSEY The enforcement of stockholders' liability in New Jersey is almost always on a bill by a receiver. See Maryland form of receiver's bill, ante, p. 401 TO ENFORCE STOCKHOLDERS' LIABILITY 409 PENNSYLVANIA^ Foim No. 301 BILL BY ASSIGNEES FOB OBEDITOBS TO ENFOBOE DOUBLE LIABILITY OF STOOEHOLDEBS OF INSOLVENT BANK (Title and Commencement.) 1. Your orators are assignees for the benefit of creditors by deed of assignment dated tlie day of A. D. 19. ., and re- corded in the office for recording of deeds in and for the county of , in assignment book No. (etc. ) . 2. The C. Bank is a corporation created under the laws of the state of Pennsylvania with authority to receive deposits and make discounts but with no authority to issue bank notes. 3. The said bank became insolvent on the day of , A. D. 19... 4. The defendants were stockholders in the said C. Bank at the time of the insolvency of the said bank. 5. By the charter of said bank it is provided that the stockholders shall be personally liable in double the amount of stock held by them severally. The said C. Bank was incorporated by an Act of the General Assembly of Pennsylvania approved the day of , A. D. 19.. (P. L. p ), a true copy of which is attached hereto, marked "Exhibit A," and made part hereof. 6. The assignees of said bank have settled their first account which has been referred to an auditor, whose report discloses that there was in their hands distributable to creditors the sum of ? while the claims of creditors presented to said auditor amount to | The assets not brought into the first account and likely to be realized will amount to not more than $ , while there are claims outstanding and not yet proven which may amount to ? and upwards. The actual deficiency will be not less than f and that sum at least will be required in addition to all that is now in hand to pay the creditors. 7. At the time of the assignment of the bank there had been nomi- nally issued and outstanding acdording- to the books of the batik, shares of its stock of the par value of f each. The holders of these shares are liable by law for the debts of the corpora- tion to an amount equal to double the par value of such shares. 8. Your orator avers that for the proper ascertainment of the indebtedness of the said defendants it is necessary to state an account that the whole of the additional liability of the stockholders will not be sufficient to pay the debts of the bank and that an assessment must be made on the stockholders to the extent of the whole of the statutory liability of the stockholders for the purpose of paying said debts. This can only be done, as your orators are advised. In a court having equity jurisdiction and the power to state the accounts between the parties; and proceedings by bill are more convenient and less cumbersome by reason of the great number of persons interested either as debtor or creditors and the number of accounts which will require adjustment. 1 The above form is peculiar to the chancery practice of Pennsylvania. 410 EQUITY FORMS 9. There never has been any issue of bank notes by the said C. Bank. 10. The discovery of the several matters herein charged is material and necessary and the same can only be obtained in a court of equity jurisdiction. 11. The matters herein contained as to which discovery is prayed are without the knowledge of the defendants. Wherefore your orators need equitable relief and pray: First. Discovery of the matters pertinent to the issues involved. Second. That there may be ascertained: (a) The value of the assets of said bank; (b) The amount of its liabilities; (c) The amount properly assessable upon the stockholders toward the payment of those debts. Third. That the amount so found to be payable by such stock- holders may be decreed to your orators as assignees for distribution according to law. Fourth. That the Court may under its powers of amendment add to or strike from the record the names of persons by or against whom such a bill should or should not be filed in order to enforce the equities between the parties entitled and liable. (Add prayer for general relief.) RHODE ISLAND » Perm No. 302 BILL TO ENTORCE STOCKHOLDERS' LIABILITY (Title and Commencement.) 1. The A. Company is a manufacturing corporation created by the General Assembly of this state of Rhode Island at its May session, 1861, and is and always has been located and transacting business in said county of in the town of , therein. 2. On the day of , 19 . . , your orator obtained his final judgment at law against said company on the law side of this Court for the sum of dollars debt as of that date, with costs of suit taxed at dollars; upon which judgment a writ of execu- tion in favor of your orator duly issued against said corporation; and said corporation thereafterwards on the day of 19 . ., paid to your orator the sum of dollars upon and on account of said judgment; but as to the residue of said judgment debt and costs the officer charged with the service of said execution has returned the same wholly unsatisfied. 3. The capital stock of said corporation is, and always since 1861, has been |90,000, divided into 900 shares of the par value of ?100 each; and at the time of your orator's said judgment, and at the time of the commencement of your orator's action against said corporation in which his said judgment was rendered, the said stock was, and now is, owned and held as follows, to-wit: 600 shares thereof by your orator in his own individual right; 8 The above form is peculiar to the chancery practice of Rhode Island. > TO BNPOECE STOCKHOLDERS' LIABILITY 411 100 shares thereof by your orator as executor of the will of his late wife, A. C. B., late of said Providence, deceased; 100 shares thereof by A. G. and T. P. G., of said city of Providence, as executors of the will of C. A., late of said city of Providence, deceased; 100 shares thereof by M. A. R., of Boston, in the state of Massa- chusetts. 4. All of the debts upon which your orator's judgment aforesaid was rendered, were contracted by said corporation prior to the day of 19 . . , and during the life of said C. A. and while she owned and held, in her own individual right, the one hundred shares of its stock, now held by the executors of her will as aforesaid; and also while the said M. A. R. held and owned in her own individual right the one hundred shares of its stock now held by her as aforesaid. 5. Neither the said corporation, nor any of its officers ever made, filed, or recorded, in the office of the town clerk of said town of , in which town the manufactory of the said corporation has always been established as aforesaid, any certificate as required by section 2 of chapter 214 of the General Laws of this state or as re- quired by the previous statutes of the state of which said section 2 is a reenactment; nor has said corporation complied with or availed itself of the provisions of section 14 of said chapter. To the end therefore, 1. (Prayer ior answer.) 2. That your orator may be decreed to be entitled to receive and recover from the said defendants respectively their respective propor- tional parts up to the par value of their respective holdings aforesaid of the amount now remaining due and owing to your orator upon his judgment aforesaid, and that the said defendants be respectively decreed to pay the same to your orator accordingly, and that the proper accounts may be taken to ascertain and fix such respective amounts accordingly. (Add prayers for general relief and for process.) VERMONT 9 Form No. 303 CREDITORS ' BILL TO ENFORCE STOCKHOLDERS' LIABILITY IN AN INSURANCE COMPANY (Title and Commencement.) 1. The orators are the bona fide creditors of the defendant, R. Insur- ance Company, to the amount of f 6,000 and upwards and they have no security therefor. 2. Upon information and belief the orators say that there are other bona fide creditors of said company in the state of Vermont and else- where to nearly if not quite a further sum of $20,000 for which said last named creditors have no security. 3. The sums hereinbefore named are for (giving nature of claims), and these sums have long been due; and though often demanded of said company have not been paid; and among these sums are judg- 9 The above form is peculiar to the chancery practice of Vermont. 412 EQUITY FORMS ments of competent courts of record upon which the execution cred- itors hayie not been able to realize anything. 4. The insurance commissioners of this state, although the com- pany has neglected to comply with the requirements of the law as to the management of its affairs and payment of its just debts, etc., have taken no action to close up the affairs of said insurance company; and orators fear that unless prompt action be taken the rights of creditors will be in great danger. 6. The said R. Insurance Company was organized as a corporation about , 19.., under a charter of the Vermont legislature ap- proved , 19 . . ; the oflBcers of said insurance company made their certificate to the Secretary of State of Vermont that the entire capital stock of said insurance company had been fully subscribed and paid in, viz.: |100,000, and represented that the assets of said com- pany on said date amounted to $114,560, consisting of: {Give nature of assets.) And orators aver upon information and belief that the said report was not true emd that the assets were greatly and fraudulently over- valued and that this was known to the officers and directors of the said insurance company; and that this statement was made with an intent to deceive. 6. Upon information and belief your orators say that the defendant, R. B., subscribed for a large block of the stock of said insurance com- pany, the exact amount of which they are unable to now state for the reason that all of the books of said company are out of the state and no information as to them can be obtained by the orators. But they assert upon information and belief that the said R. B. subscribed for upward of 150,000 of said stock but that he never at any time paid a due equivalent for the same. 7. The orators say upon information and belief that divers other persons at present unknown to them were subscribers for stock; and that said B., P. and said divers other persons unknown are yet stock- holders in the said R. Insurance Company and that some of said stock- holders never paid value fpr their stock but the same was issued to them fraudulently as regards the creditors of said insurance company. 8. The said R. B. was, during the business life of the said insur- ance company, not only a large stockholder but one of its directors and managers and well knew of the management and of the reports put out to the public by said insurance company and knew of the report made to the insurance commissioners of Vermont on 19.., by the officers of said company, which report was false and fraudulent. 9. Officers of said company, about June 19.., began to remove the assets of said company from the state of Vermont to another state, to- wit: the state of Illinois; and its officers reside out of the state of Vermont; but under the pretense that the said company was solvent, continued its agencies in Vermont and elsewhere, sought and obtained insurance for which it was paid, but paid no losses or honest bills. And orators charge that all Income was fraudulently squandered by the officers in charge of the finances of the said company in fraud of the rights of the creditors; and that no bond or security was ever taken by the directors of said insurance company from the officers TO ENFORCE STOCKHOLDERS' LIABILITY 413 having charge of the finances of said company, for the faithful per- formance of duty by the ofllcers of said company. 10. It is impossible for the orators to give details as to the amount of these expenditures and receipts, as all the books are, as they are informed and believe, without the jurisdiction of this Court. But they say the officers of said company are execution proof. 11. At this time the said company is hopelessly insolvent, and unless the stockholders are compelled to pay for the stock for which they sub- scribed and for which they did not hona fide pay and never have iona fide paid the honest creditors will lose their whole debts. 12. The defendant has been guilty of fraud in the manner named in this bill and of a violation of the charter so granted in this that the said B. did not keep and observe the requirements of sections 8, 9, 10 and 11 of said act. 13. With the knowledge and consent of said B., the company adver- tised and falsely held out to creditors that it had a paid up capital of $100,000, and the creditors whose claims are now unpaid, relied thereon. 14. The orators greatly fear that the defendant, R. B., will place his property beyond the reach of legal process if no attachment is issued or writ of sequestration granted until the final disposition of this cause. Therefore the orators pray: 1. That there be a receiver appointed to take charge of all the assets of the company now in existence, if any; that a master be appointed to ascertain as to the truth or falsity of the material allegations of this bill and the assets and liabilities of the company and that upon the coming in of the master's report, if it is ascertained that the liabilities exceed the assets and that the stockholders have not hona fide paid for the stock issued to them or that any of the defendants have been guilty of fraud or of a violation of the terms of the said charter, the Court will decree the payment of such sum or sums to the receiver by such delinquent stockholders or person thus guilty of fraud or the viola- tion of the terms of the said charter as in equity and good conscience such stockholder or person ought to pay. 2. That an injunction issue against the officers of said company for- bidding them and each of them from selling, pledging, conveying or disposing of in any manner any of the goods, chattels, assets or estate, real or personal, belonging to said company, under penalty of law; and that a writ of sequestration to the sum of $20,000 issue against the real and personal estate of the defendant. (Add prayer for general relief.) (Verification.) CHAPTER XIX BILLS TO ENFOECE LIENS FLORIDA 1 Fonn No. 304 BILL TO ENFOECE TAX LIEN (Title and Commencement.) The city of , a municipal corporation existing as such in county, Florida, under and by virtue of the laws of the state of Florida, brings this its bill of complaint against C. D. And there- upon your orator complains and says: 1. The said city of , by ordinance duly passed and approved in accordance with the provisions of its charter, on the day of 19.., levied taxes for the year 19.., for the several pur- poses authorized by its charter, upon the real and personal property within the limits of said city which was subject to state taxes. A copy of said ordinance is hereunto attached as part of this bill marked "Exhibit A." 2. In assessing and levying taxes for the said year 19.., all the provisions of the law and ordinances, related to the assessing and levying upon property within the limits of said city, were strictly complied with. 3. The following described property lying and being in the city of (here describe property), was duly assessed by said city for the year 19. ., to C. D. by the assessors of said city (or town). 4. The said sum of dollars is the amount of taxes assessed against said property for and as taxes for said city for said year and has never been paid, and the same is still due and payable to your orator as taxes duly assessed as aforesaid. 5. The said defendants are seized and possessed of said property hereinbefore described or have interests or claims therein or thereto, and are therefore indebted to your orator in the sum of dol- lars for taxes duly assessed as aforesaid. 6. Said defendants have been duly requested to pay said sum, due your orator as t;axes as aforesaid, and a distress warrant was duly issued by the tax collector of said city, as required by law, for the amount of said taxes, as assessed, due and unpaid by said defendant as aforesaid, which said distress warrant was placed in the hands of X. Y., a civil officer of said city, and was by him duly returned endorsed "Nulla Bona" as authorized and requested by the charter and or- dinances of said city. 7. Your orator is entitled to and has a lien on all of said land or 1 The above form is peculiar to the chancery practice of Florida. 414 BILLS TO ENFORCE LIENS 415 property hereinbefore described, for the full amount of said taxes, assessed as aforesaid, together with a reasonable attorney's fee for this proceeding and all costs and charges of preparing and recording of its notice to said heirs, and also for issuing and returning said dis- tress warrant, and by reason of the facts herein set forth, your orator became and is entitled to bring suit as provided by the charter of said city and to have said property sold to fully satisfy said claim, taxes, attorney's fee and all costs and charges herein set forth and the costs of this" proceeding. 8. On the day of , 19. ., your orator caused to be prepared and duly recorded in the office of the Clerk of the Circuit Court of county, Florida, its notice of lien against said defend- ants and all persons interested and also the property hereinbefore described, to secure the payment of said taxes, assessed as aforesaid, and due and unpaid thereon together with all other sums of money hereinbefore set forth, as interest, costs, charges, reasonable attorney's fees, recording fees, costs of lien and distress warrant, and costs of this proceeding, which said notice of lien and distress warrant are hereto attached marked "Exhibit B" and "Exhibit C," respectively, and made a part of this bill. (Add prayers that lien 6e declared and that property he sold; and prayers for answer, for general relief, and for process. ) ILLINOIS 2 Form No. 305 BILL TO ENFORCE A LIEN UNDER MECHANICS' LIEN LAW (Title and Commencement.) 1. Your petitioner is and has been for more than two years last past a dealer in lumber, in the city of Chicago. 2. On the 11th day of October, 19 . . , the defendant, H. A., was the owner in fee simple of the following described real estate {giving legal description) . 3. On or about the last mentioned date the said H. A. entered into a written contract with the defendant, E. R., by which E. R. agreed to furnish all the material and labor necessary in and about the mason and carpenter work upon a factory to be erected upon the said real estate, but the further terms and conditions of the said contract are unknown to your petitioner. 4. On or about the 21st day of October, 19 . . , it was verbally agreed between your petitioner and the said E. R. that your petitioner should furnish to the said E. R. at the building aforesaid, for use in the con- struction thereof, the materials enumerated and set forth in "Exhibit A" hereto attached, at the prices therein stated, to-wit, $1,100.00. Said material was to be furnished as needed in the course of construction and as ordered from time to time and was to be paid for on the first day of the month first succeeding the final delivery thereof, that is, on the 1st day of March, 19. .. 2 Adapted from the bill filed in Beck Coal & Lumber Co. vs. H. A. Peterson Mfg. Co., 237 111. 250. The above form is peculiar to the chancery practice of Illinois. 416 EQUITY FORMS 5. The said E. R. at the dates severally set opposite the items of material in "Exhibit B," attached hereto, did order and receive from your petitioner certain extra building materials of the same kind as those before mentioned, a true statement of which extra materials, to- gether with the price thereof, is contained in "Exhibit B" hereto attached. At the time of ordering the said extra materials in some instances the price to be paid therefor was agreed upon between your petitioner and the said E. R., and in other instances no price was agreed upon for the same, but in all instances the prices attached to the several items of materials set forth in said "Exhibit B" represent the actual market value thereof, at the time of the sale and delivery of said items, respectively, and payment therefor was to be made on the first day of the month first succeeding the final delivery thereof, that is on the first day of March, A. D. 19. .. 6. In pursuance of said agreement, your petitioner on or about the 21st day of October, 19. ., commenced the furnishing of said materials at the said building, and continued delivery thereof until the 20th of February, 19.., on which date the said sub-contract was fully com- pleted by the final delivery of all of the materials required thereby and all the materials set forth in the exhibits hereto attached. 7. The whole of said building materials shown by said bills and exhibits were actually used in and about the construction of said building. 8. There is now due to your petitioner from the said E. R. for said materials after allowing to him all just credits, the sum of ? The final payment upon the said account became due to your petitioner on the 1st day of March, 19.., and your petitioner claims interest on the said amount from the said date. 9. The said E. R., prior to the filing of this petition substantially completed his said original contract with the said H. A., whereby the said original contract price has become due and payable together with compensation for certain extra work and materials. 10. On the 9th day of March, 19. ., your petitioner served upon the said H. A. a notice as follows: (Setting out notice vertatim.) At the said date the said H. A. was indebted to the said B. R. in a large sum of money for the balance due upon the said contract and for said extra work and materials, the precise amount of which indebt- edness is unknown to your petitioner, but which he is informed and believes is in excess of the sum of $24,000. ,11. Your petitioner has frequently applied to the said B. R. and to the said H. A. for the payment of the amount due to your petitioner as aforesaid, but they have wholly failed to pay the same or any part thereof. 12. Upon information and belief your petitioner says that the Bank of H., a corporation, claims to have some interest in the said premises, the precise nature whereof is unknown to your petitioner, but such interests if any there be, have accrued since, and are subject to the lien of your petitioner. Forasmuch, therefore, as your petitioner is without remedy in the premises except in a court of equity and to the end: 1. (Prayer for answer.) BILLS TO ENFORCE LIENS 417 2. That a receiver may be appointed by this Honorable Court in accordance with the statute in such case made and provided, imme- diately upon the filing of this bill, with the usual powers of receivers in chancery, to take immediate possession of and with power to col- lect the rents, issues and profits arising out of said premises, during the pendency of this suit, and until the time to redeem the same from any sale that may be made under any decree of this Honorable Court shall expire. 3. That an account may be taken in this behalf, under the direction of this Court. 4. That your petitioner may be decreed to be entitled to a lien upon said premises for the amount due your petitioner for the said materials so furnished, in pursuance to the statute in such case made and provided. 5. That the defendants, H. A., a corporation, E. R., or some of the other defendants in this case may be decreed to pay your petitioner the amount due for said materials, with interest thereon, and a rea- sonable attorney's fee as provided by the statute, by a short day to be fixed by the Court, and that in default of such payment, the said prem- ises may be sold as the Court may direct, to satisfy the amount, inter- est and costs. 6. That in case of such sale and a failure to redeem therefrom pur- suant to law, the defendants and all persons claiming through or under them, after the commencement of this proceeding, may be forever barred and foreclosed of all right or equity of redfemption of the said premises. (Add prayers for general relief, for process and for injunction.) (Verification.) MAINE 3 Form No. 306 BILL TO ENFORCE LIEN ON BUILDING AND LOT UNDER R. S. (1903) Oh. 93, Sees. 29-31 (Title and Commencement.) 1. By virtue of a contract with defendant, A. N. R., who is not the owner of the premises hereinafter described, and by consent of the said P. A. G. and said W. L. G., who are the owners of said premises or if not the owners, the owners thereof are to the plaintiff unknown, and by consent of the said M. W., mortgagee of said premises, the plaintiff furnished certain materials which entered into, and were used in erecting a certain three story double wooden dwelling house, the land on which the same stands, being situated on the westerly side of F. Street in said Portland, bounded and described as follows, to-wit: (Description.) 3 Taken from the original bill in Farnham vs. Richardson et al., on equity flies. Supreme Judicial Court, Cumberland county, which was sustained by the law court on appeal. The above form is peculiar to the chancery practice of Maine. 418 EQUITY FORMS 2. There is now due the plaintiff the sum of $272.35 as appears by account hereto annexed marked "Exhibit A." 3. The first of said materials was furnished on the tenth day of July, A. D. 19 . . ; the last of said materials was furnished on the first day of October, A. D. 19 . . . 4. Within sixty days after the plaintiff ceased to furnish materials as aforesaid, to-wit, on the sixth day of November, A. D. 19 . . , the plaintiff filed in the oflSce of the city clerk, of said Portland, a true statement of the amount due him together with a description of said property sufficiently accurate to identify it, and the names of the owners so far as they were then known to the plaintiff, and sworn to by him and the same was recorded in a book kept for that purpose by the said city clerk, all of which appears by said statement hereto an- nexed and marked "Exhibit B;" and the plaintiff has complied with all the provisions of Sections 29 to 31 of Chapter 93 of the Revised Statutes of Maine and acts additional thereto and amendatory thereof. Wherefore the plaintiff claims a lien on said double wooden dwell- ing house and the land on which the same stands to secure the pay- ment of said sum of 1272.35 due plaintiff as aforesaid for materials furnished as aforesaid, together with interest thereon and such costs as this Honorable Court may award him. And plaintiff further prays that the property hereinbefore de- scribed may be sold and the proceeds applied to the discharge of his said lien. (Add prayers for general relief and for process.) "Exhibit B." I, H. F. F., of Portland, county of Cumberland and state of Maine, certify and say that the following is a true statement, with all just credits given, of the amount due me from A. N. R., of Lancaster, state of New Hajnpshire, by virtue of a contract with him for materials furnished by me, for, and which entered into the three story double house situated on the westerly side of F. Street, on a lot of land (give description), owned as this department believes, by P. A. G., and W. L. G., of said Portland, or if not so owned, its owners are to said deponent unknown. To-wit: Materials as per account annexed, "A" $425.70 Credits as per account annexed, "A" 153.35 Balance 1272.35 The last of said materials was furnished October 1, 19 . . . For which I claim a lien on said building and the land on which it stands. Dated this fourth day of November, A. D. 19 . . . H. F. F. STATE OP MAINE. Cumberland, ss. November 6, 19... Subscribed and sworn to by said H. P. F., before me, A. B., Justice of the Peace. BILLS TO ENFORCE LIENS 419 MARYLAND " Fonn No. 307 BILL TO EKFOBOE A LIEN UNDEB IVCECHANICS' LIEN LAW {Title and Commencement.) 1. At the request of H. S. and J. G. J., copartners trading as S. & J., of Baltimore city, your orators furnished a large amount of lumber to be used in the erection of a certain church building situated on E. Street in said city, and there is now due and owing to your orators for the lumber so furnished, the sum of $ 2. The said S. & J. were the contractors, architects and builders of said church building, and the trustees of the G. L. B. St. M.'s Congre- gation of Baltimore, a corporation duly incorporated under the General Laws of this state, were, and are at this time the owners of said build- ing and the ground upon which it is erected. 3. The said sum of money, so as aforesaid owing to your orators for materials furnished by them as aforesaid, being due and unpaid, they did, on the day of A. D. 19. ., file in the Clerk's office of the Superior Court of Baltimore city a claim for lien, under Art. 67 of the Revised Code of Maryland, against the said church building, the ground upon which it is erected, and so much other ground immediately adjacent thereto, and belonging in like manner to the owners of said church building, as may be necessary for the ordinary and useful purposes of said building, as will appear by ref- erence to a duly certified copy of said lien claim, herewith filed as part hereof, marked "Exhibit A." 4. Before filing said claim for lien, and within sixty days after fur- nishing said materials, your orators gave notice in writing to the said trustees of the G. L. E. St. M.'s Congregation of Baltimore, the owners of said building and ground, of their intention to claim the benefit of the said Mechanics' Lien Law. 5. A. S. and G. I. S., trading as A. S. & Son; A G. and L. L., trading as G. & L. (etc.5), have claims for mechanics' liens against the said property and have filed the same in the Clerk's office of the Superior Court of Baltimore city, as provided for by law. To the end, therefore, 1. That a decree may be passed by the Court for the sale of the property described in said lien claim, and that the proceeds thereof may be distributed among the lienors thereon under the order and direction of this Court. (Add prayers for general relief and for process.) MASSACHUSETTS ^ Form No. 308 BILL TO ENFORCE LIEN ON SECURITY (Title and Commencement.) 1. On or about August 8, 19. ., H. H. S., H. P. W. and J. A. B. were * The above form is peculiar to the chancery practice of Maryland. 5 All incumbrancers ought to be made parties to the bill, and if not so made by the bill, they should be brought in by petition before distribution of the proceeds of sale. 8 The above form is peculiar to the chancery practice of Massa- chusetts. 420 EQUITY FORMS officers and agents of the commonwealth and were the Metropolitan Water and Sewerage Board duly constituted and appointed under the provisions of Chapter 168 of the Acts of the Legislature of said com- monwealth for the year 1901 and as such officers and agents contracted in behalf of the commonwealth for the constructions of a public work, to-wit: section 64 Maiden Extension of the Metropolitan Sewerage Works in said commonwealth; and so acting in behalf of said common- wealth made with defendants, T. H. G., J. F. G. and J. F. E., as co- partners under the firm name of T. H. G. & Co., a written contract for the construction of said public work, a copy of which contract is hereto annexed marked "A" and as such officers and agents obtained certain security for payment by said copartners for labor performed and fur- nished and for materials used in such construction; said security con- sisted of the rights of the commonwealth and of said officers under Article 19 of said contract and otherwise to retain moneys, which would otherwise be payable under said contract and to apply the same and to spend other moneys for the payment of claims for labor on said work and materials used in said work and the agreement on the part of said copartners, to repay the commonwealth or said officers all sums in addition to the amounts so retained so paid out; and said officers also obtained further security for the same purpose consisting of a bond executed by said T. H. G., J. F. G. and J. F. B. as principals and the defendant, U. S. F. and G. Co., as surety, a copy of which bond without the signatures thereto is hereto annexed marked "B," a part of the condition of which bond is that the principals shall pay for all labor performed or furnished and for all materials used in the carry- ing out of said contract. 2. The plaintiff has furnished labor and materials used in the con- struction of said work imder the contract above referred to by reason of an oral contract with said T. H. G., J. F. G. and J. F. E., copartners as aforesaid, by the terms of which said plaintiff, H., agreed to furnish and drive certain piles for the price of eighteen cents (18c) per lineal foot and said copartners became and are indebted to said H. for said labor and materials in the sum of $901.92, as set forth in the account hereto annexed marked "C." 3. Said plaintiff filed with said officers and agents a sworn state- ment of his claim within sixty (60) days after the completion of the work. 4. The work described in said contract between said officers and said T. H. G. & Co. has been completed, the period of sixty (60) days after the completion of said work has expired, and said T. H. G., J. F. G. and J. F. E., copartners and individually have made an assignment of all their property for the benefit of their creditors to the defendant, T. S., which assignment has been assented to by various creditors and is now in force and operative. The commonwealth or its officers have retained out of the funds which would otherwise be payable under said contract to said J. F. G. & Co., a large sum of money and said common- wealth holds said sum and the bond above mentioned as security for the payment of the plaintiff's claim. Defendants (naming them) claim that they have performed and furnished labor or furnished materials used in the construction of said work under said contract made by said officers and are entitled to the benefit of said security. BILLS TO ENFORCE LIENS 421 5. Defendants, T. H. G., J. F. G. and J. F. E., are financially irre- sponsible. Plaintiff prays: First. That the Court will determine that the money retained by the commonwealth or its officers and otherwise payable under the con- tract between commonwealth and defendants, T. H. G., J. F. G. and J. F. E., a copy whereof is annexed to plaintiff's bill marked "A" and the bond executed by said defendants as principals and by defendant, U. S. F. and G. Co., as surety to the commonwealth, a copy whereof Is annexed to plaintiff's bill marked "B," constitute security under Re- vised Laws Chapter 6, Section 77, for the payment for labor performed or furnished and materials used in the construction of the public work described in plaintiff's bill. Second. That the Court will by injunction restrain the common- wealth from paying and any of the other defendants from receiving any moneys or other security held by the commonwealth or any of its officers for payment for labor performed or furnished or materials used in the construction of the public work described in plaintiff's bill until the final termination of this suit. Third. That the Court will determine that plaintiff has performed and furnished labor and furnished materials used in the construction of the public work described in plaintiff's bill and is entitled to the benefit of the security obtained by the officers of the commonwealth for payment thereof. Fourth. That the Court will determine that the security obtained by the officers of the commonwealth for the payment for labor per- formed or furnished and materials used in the construction of the public work described in plaintiff's bill constitutes trust property which the commonwealth holds as security for the payment of the plaintiff's claim. Fifth. That the Court will by proper process direct the defendants other than the commonwealth and T. H. G., J. F. G., E., S., and the U. S. F. and G. Co., to appear and show what rights if any they have in and to the security obtained by the officers of the commonwealth for the payment of labor performed or furnished and materials used in the construction of the public work described in plaintiff's bill and will determine the rights of all parties therein. Sixth. That the Court will determine the bond given by defendants, T. H. G., J. P. G. and J. F. E., as principals and defendant, the U. S. P. and G. Co., as surety to the commonwealth, a copy whereof is annexed to plaintiff's bill marked "B" to be valid and binding and will direct defendant, the U. S. F. and G. Co., to pay the commonwealth on account of its liability on said bond such sums as shall be necessary to enable the commonwealth to fulfil Its trust as to the security obtained by the officers of the commonwealth for payment for labor performed or fur- nished or materials used in the construction of the public work described in plaintiff's bill. Seventh. That the Court will direct the commonwealth to pay to the plaintiff out of said security and out of the funds derived there- from a sum sufficient to pay the plaintiff's claim together with interest and costs. (Add prayer for general relief.) 422 EQUITY FORMS mCHIQAN ' Form No. 309 BILL TO ENFOBCE A LIEN FOB MATEBIALS {Title and Commencement.) 1. Heretofore on the day of , A. D. 19. ., one J. B. was the owner In fee simple {or part owner or lessee, etc., stating his interest in the land as the case may be) of that certain piece or parcel of land situated, etc. {describe the land correctly), and being such owner {or part owner, etc.), and in possession thereof, the said J. B. did then make a certain contract and agreement with one E. F., where- in it was agreed that the said K. P. should build and construct for the said J. B. on the said land a certain {describe the building and the material of which it was to be constructed as fully as possible and state the terms of the contract including consideration and terms of payment as fully as known). 2. On or about the day of , A. D. 19 . . , the said B. F. entered upon and commenced the building and construction of the said , upon the said land pursuant to his said contract and agreement, and in that behalf the said E. F. did afterwards, and on or about the day of , A. D. 19. ., procure your orator to furnish and your orator did furnish from time to time thereafter a large quantity of material to be used in and about the said building and construction of the said , viz.: {State the materials that were furnished and price and value, with dates of furnishing.) 3. The first of the said materials was so furnished on the day of A. D. 19 . . , and the last thereof was furnished on the day of , A. D. 19. .. 4. Before the expiration of thirty days after the delivery of the first of such materials {or, before the delivery of any of such ma- terials, as the case may be) viz. : on the day of , A. D. 19.., your orator served: {Describe notice served.) And within thirty days after delivery of the first of the said ma- terials, viz.: on the day of , A. D. 19. ., your orator served upon the said J. B. personally {or, upon G. H., the agent of the said J. B., having charge of the said land, the said J. B. being absent from the said county) a notice as follows: {Insert copy of notice.) 5. Afterwards and within sixty days after the delivery of the last of the said materials, viz.: on the day of A. D. 19. ., your orator made and filed with the Register of Beeds of the said county of a just and true statement and account of the de- mand due to him, over and above all legal set-offs, setting forth therein the time when the said materials were delivered and for whom, and containing a correct description of the property to be charged with the lien, and the name of the owner {or part owner or lessee, etc.) {insert copy of statement and affidavit), as in and by said Register's office, and whereto reference is prayed, will fully appear. 6. Within ten days after filing the said statement and account as aforesaid on the day of , A. D. 19.., your orator served upon the said J. B. {or, upon G. H., agent of the said J. B., 7 The above form is peculiar to the chancery practice of Michigan. BILLS TO ENFORCE LIENS 423 having in charge the said premises, the said J. B. being then absent from said county) a copy of the said statement and claim, and after- wards on the day of A. D. 19 . . , your orator filed in the oflSce of the Register of Deeds for said county of proof of such service by aflSdavit as follows, viz.: (insert copy of affldavit), as in and by said afiBdavlt now remaining on file in said Register's oflace, and whereto reference is prayed, will fully appear. (// neither owner nor agent could 1)6 found, substitute.) 7. During the ten days after filing the said statement and account as aforesaid, your orator made diligent search and Inquiry for the said J. B. within the said county of and the said J. B. could not be found in the said county, and your orator also during the said ten days made diligent search and Inquiry for an agent of the said J. B. having charge of the said premises within said county, and no such agent of the said J. B. could be found in the said county; and thereupon your orator within five days after the lapse of the said ten days and on the day of , A. D. 19 . . , did make proof of such copy by posting the same in a conspicuous place, viz. : (state where- aioutsi) on the said premises, and afterwards on the day of A. D. 19 . . , proof of such service and of the date and manner thereof was made by the aflSdavit of the person so posting the same as follows, viz.: (insert copy of affldavit), and the same was afterwards on the day of A. D. 19. ., duly filed in the office of the said Register of Deeds, as in and by the said affidavit still remain- ing on file in the said Register's office, and whereto reference is prayed, will fully appear. 8. Your orator is Informed and believes and charges the fact to be that the said E. F. has never at any time made out or given to the said J. B., or to any agent of the said J. B., any statement under oath of the number or names of every or any laborer in his employ in or about the building and construction of the said or of every or any person furnishing materials for the same, giving the amount due or to become due to them, or any of them, for worlc done or ma- terial furnished; and that the said J. B. has never demanded any such statement of or from the said B. F. 9. The said B. F. has failed to pay to your orator the amount due to him for such materials according to the terms of the said contract and agreement, and there is now due and owing to your orator thereon the sum of dollars, and your orator claims to have and has a lien on the said land for the same under the provisions of the statute in such case made and provided. 10. Your orator is informed and believes and charges the fact to be that I. K., L. M. and N. O. have, or claim to have, rights or interests in the said land, but your orator avers that such rights and interests are subject to the said lien of your orator. Your orator, therefore, prays: I. (Prayer for answer), and that he may come to a Just and true account with your orator as to the amount due to your orator for the balance of such purchase money as aforesaid. 11. That the amount found to be due to your orator upon such ac- counting may be decreed to be a lien upon the land and premises aforesaid in favor of your orator. 424 EQUITY FORMS III. That the said defendant, J. B., be decreed to pay to your orator the amount so found to be due to him, with interest and the costs of the suit, by a short day to be fixed by this Court, and named in such decree. IV. That in default of such payment the said land and premises with the appurtenances may be sold by and under the direction of this Court, .and the proceeds of such sale be applied to satisfy the amount so found to be due to your orator, with interest and the costs of this suit, and the expenses of such sale. V. That in case of such sale, the said defendant and all persons claiming by, through or under him, or who have come into possession of the said premises since the commencement of this suit, may be forever barred and foreclosed of and from all right or equity of re- demption of the said above described land and premises, and that they, each, and all of them, after the expiration of six months from the time of such sale, deliver and yield up possession thereof to the purchaser at such sale on production of the deed or deeds executed by the Cir- cuit Court Commissioner, or other person making such sale, and a certified copy of the order of this Court, confirming the report of such sale after such order has become absolute; unless the said lands and premises shall have been in the meantime redeemed according to law. VI. That In case the sale of the said land and premises shall fail to produce a sufScient sum to pay the whole amount so found to be due to your orator as aforesaid, together with interest and the costs of this suit and the expenses of such sale, the defendant, J. B., to pay to your orator the amount of such deficiency, and that your orator have execution for the collection thereof. VII. (Prayer for general relief.) (.Prayer for process may be added.) PENNSYLVANIA Scire facias is used for the enforcement of liens in Pennsylvania. RHODE ISLANDS Form No. 310 BILL TO EKFOBCE A LIEN FOB MATEBIALS AND LABOB AND TO CANCEL A VOLUNTABY DEED AS AGAINST THE LIENHOLDEE (Title and Commencement.) 1. One H. P., formerly of Providence, deceased on or about 19 . . , intestate and W. G. N., of said Providence, was appointed admin- istrator upon his estate and duly qualified and acted as such. 2. Said W. G. N. as such administrator, became possessed of certain personal estate of the said H. P., but the amount thereof was not sufiacient to pay the debts and charges against the estate of said H. P. and the expenses of settling his estate, and the said W. G. N. has sold and conveyed all the real estate that stood in the name of said H. P. at 8 The above form is peculiar to the chancery practice of Rhode Island. BILLS TO ENFORCE LIENS 425 the time of his decease under authority given him as such adminis- trator by the Municipal Court of the city of Providence and has re- ceived the purchase money thereof and applied the same in addition to said personal estate in payment of the debts, charges and expenses against said estate in compliance with the order of distribution made by said Court, but they are not sufficient to pay the same in full. 3. At the date of his decease the said H. P. was indebted to your orator in a large sum of money, namely $ a balance due to him for work and labor done and materials furnished by him in the construction and erection of two dwelling houses and other improve- ments upon certain lands hereinafter referred to and in repairs to other buildings and improvements, and at the date of the decease of said P., the said debts were wholly unpaid and unsecured. After the death of said H. P., your orator presented said claim to the Commission- ers appointed to receive . and examine claims against the said estate of said H. P. and said claim was allowed. The administrator has paid him a dividend on account thereof in compliance with the order of distribution entered by the Municipal Court of the city of Providence, but a balance of about ? remains unpaid on account thereof and wholly unsecured except as hereinafter stated, and the same remains justly due and payable to your orator. 4. After the contract was made between the said H. P. and your orator and while your orator was engaged in the construction of the two dwelling houses hereinbefore referred to, the said H. P. executed a conveyance to the defendant, S. B. B., of the real estate upon which said two dwelling houses were erected namely: (Here follows descpjotion of property.) 5. The said S. B. B. after the death of said H. P., executed and delivered to the defendant, P. Savings Bank, a mortgage deed securing the payment of f upon a portion of said real estate, which was dated, acknowledged and recorded on the day of 19 . . ; and the said S. B. B. now appears of record the owner of the tract of land hereinbefore described subject to the mortgage herein- before mentioned and no other encumbrances, but she did not record either of said deeds until three months after they purport to have been executed nor until several days after the death of said H. P. 6. Your orator had no knowledge, information or belief of the con- veyance from said H. P. to said S. B. B., hereinbefore referred to until after he had completed said buildings and improvements in com- pliance with his contract. Your orator believed said H. P. to be sol- vent and relying upon the ownership by H. P. of the property herein- before referred to, as a means of such payments, he neglected to resort to any proceedings for the collection of his said indebtedness. He did not know and had no means of knowing but that the personal estate of said H. P., together with the proceeds of such real estate as was sold by the administrator as hereinbefore referred to would be suflS- cient to pay and satisfy his claim and demand in full until the partial payment made to him in June by said administrator iii compliance 426 EQUITY FORMS with the order of distribution. Your orator has requested the admin- istrator upon said estate to pay him the balance due upon his said claim, but the administrator has neglected and refused so to do and has no funds or property with which to make such further payment, and your orator has no means of collecting his debt except by enfor- cing his claim against said estate and property in equity. 7. On information and belief, your orator says that said convey- ances to and by the defendant, S. B. B., were voluntary, were not for a good and valuable consideration, and were a fraud upon the rights of then existing creditors of said H. P. (of whom your orator was one). Your orator did not become informed of the fact of such con- veyances until after the death of said H. P., but continued to do and employ labor and use and supply materials in performance of his said contract under the belief that said H. P. remained the owner of said property. 8. Your orator further alleges that said conveyance from H. P. to respondent, S. B. B., was either not executed at the time it purports to be but was executed after the completion of his contracts with said H. P., or if executed and delivered at the time it purports to be, was wrongfully withheld from the records and no knowledge of its existence given to him until the completion of his said contracts, causing him to believe the title of said property to remain in said H. P., although said S. B. B. well knew the fact that said buildings were in process of erection and your orator was furnishing and using materials and furnishing labor of others as well as of himself in the completion of said contracts. To the end therefore: 1. (Prayer for answer.) 2. That a decree be entered ordering that an account be taken by and under the direction of this Court as to the amount due to him. 3. That the deed hereinbefore referred to from H. P. to the respon- dent, S. B. B., may be declared null and void and without consideration as against your orator and the premises and property described in said deed from H. P. to S. B. be declared subject to a lien and charge for the payment of the amount ascertained as aforesaid. 4. That the said S. B. B. be directed and required by said decree to pay to the complainant the sum ascertained as aforesaid and such costs and allowances as shall be taxed in favor of the complainant In this case within a time to be fixed by this Court and in default thereof that said premises and property may be sold by a commissioner ap- pointed, directed and authorized by this Court for that purpose and the proceeds thereof applied in payment of the claim of your orator includ- ing costs and expenses. 6. That the said S. B. B. may be enjoined and restrained by an in- junction of this Honorable Court from selling or disposing of or con- veying or mortgaging the said property described In said deeds or any part thereof or contracting to do the same until the further order of this Court. (Add prayers for general relief, for process, and for injunction.) BILLS TO ENFORCE LIENS 427 WEST VIRGINIA » Form No. 311 (1) OBEDITOBS' BILL TO ENFOBOE A JUDGMENT LIENio (Title and Commencement.) 1. The plaintiff, P. G., complains and says that on the day of , 19. ., the Bank of M. obtained a judgment against him and the said defendant, D: 0., in the Circuit Court of county, for the sum of $ with interest thereon from the date of said judgment until paid and $ costs of suit in -which said judg- ment was rendered, all of which will more fully and at large appear from a certified copy of said judgment and taxation of costs of said suit herewith filed, marked "Exhibits A and B" respectively, and made part of this bill. An execution was issued upon said judgment and returned "no property found" as to the said D. O.", and was paid to- gether with the commission to the sheriff by the said plaintiff, and as surety and endorser of the said D. O.; and he is advised that he is substituted to the rights of the said bank in said judgment, which is a lien upon the lands of the said D. O. 2. The plaintiff, B. M., complains and says: (Describe judgment in favor of tMs plaintiff and state that the execution was duly returned as against the said D. O., marked "no property found," as will appear from a copy of this execution herewith filed as a part of this bill marked "Exhibit F" and both of said judgments have been duly docketed at the office of the County Clerk of county against the lands of the said B. 0.) 3. (.Describe liens claimed by defendants other than D. 0., and grants by D. 0. to other defendants subsequent to the docketing of plaintiff's judgments.) 4. At the rendition of the said judgments the said D. 0. was ^he owner of certain lands in county as follows: (Description.) 5. Plaintiffs bring this suit on behalf of themselves and all other lien creditors of the said D. O., so that the various liens against the said real estate may be properly adjudicated, and their priorities deter- mined and enforced against the said real estate and any other real or personal property upon which the said judgments of the plaintiffs or defendants, or any of them or their executors are liens. 6. The plaintiffs' said judgment liens remain wholly unpaid and are binding and substantial liens upon all of the said real estate, and they are advised and so aver that the other judgment liens as well as the trust lien also unpaid are liens upon the said real estate, and if there are any other liens thereon these plaintiffs are unable to say by whom they are held, but the plaintiffs believe and so state that no other liens exist against the said real estate. 7. The property herein set out is all the property, the plaintiffs are informed and believe and so aver, of which the defendant, D. O., Is the owner or in which he has any Interest, and the rents, issues and BThe above forms are peculiar to the chancery practice of West Virginia. 10 Form taken from case of Golden vs. O'Connell, 69 W. Va. 374 428 EQUITY FORMS profits of the same will not In five years pay ofE and discharge the several liens existing against it. , The plaintiffs now pray that this cause may be referred to com- missioners in chancery, to take and report the liens and their priorities upon said real estate and other property and claims of the said defend- ant, D. O., and that there may be a decree of sale entered upon the re- turn and confirmation of said report, of the real estate of said O., or so much thereof as may be necessary to pay off and discharge the various liens thereon; and that all other matters proper in a suit of this nature be reported upon and adjudicated. (.Add prayer for general relief.) Form No. 312 (2) BILL TO ENFORCE MECHANICS' LIENu (Title and Commencement.) 1. On or about the day of January, 19. ., the plaintiff did contract with the defendant, W. J. C, to do the plastering and furnish all materials necessary therefor in, upon and about the construction of a certain two or three story brick business and dwelling house, then being constructed by said W. J. C. as principal contractor, by virtue of a certain contract between defendant, W. J. C, and P. M. H., on a lot owned by defendant, P. M. H. (description) . 2. The plaintiff agreed with the said W. J. C. to do said plaster- ing and furnish materials therefor at the sum and price of twenty- six cents per square yard, and said plaintiff did proceed to do said work and furnish said material to the amount of 1,782 square yards. The plaintiff completed said work and ceased to furnish said material on the 30th day of March, 19 . . , his contract on that day having been completed and finished. 3. Said work under said contract, and the said material furnished, at said contract price were of the value and amounted to the sum of $463.32, of which sum the said W. J. C. paid to said plaintiff the sum of $150, leaving a balance due said plaintiff amounting to $313.32, which said last mentioned sum the said defendant, C, has not paid to the plaintiff, although the plaintiff has often requested him to pay the same; nor has the said defendant, H., paid any of said balance to said plaintiff; and said amount is a just and true account of the amount yet due him after allowing said defendants and each of them all credits to which they are entitled. 4. On the .... day of April, 19 . . , being within thirty-five days after said work was performed and material furnished, the plaintiff caused an itemized account of said labor and work done as aforesaid to be filed with the owner of said property, the defendant, P. M. H., and at the same time notified said P. M. H. that it was the plaintiff's intention to file a mechanic's lien against said property to secure said account; said original itemized account properly verified by a£Sdavit, a copy of which was served on P. M. H. as aforesaid, is herewith filed as a part of this bill, marked "Exhibit No. 2." 11 Adapted from bill in Bartholow vs. Hoge, 76 S. E. 813 (W. Va. 1913). BILLS TO ENFORCE LIENS 429 5. On the 22nd day of May, 19 . . , being within sixty days after he ceased to do said worlc and plastering upon said building, the plaintltt caused to be filed with the Clerk of the County Court of county. West Virginia, in which said county said building is situated, a just and true account of the amount due said plaintiff, after allowing all credits to which said defendant, C. or H., were entitled, together with a description of the property intended to be covered by said lien, sufficiently accurate for identification, which said account was sworn to by said plaintiff and the same also contained the name of the owner of said property; a certified copy of said account is herewith filed as a part hereof, marked "Exhibit No. 3." 6. The plaintiff avers and charges that by reason of having filed said account verified by aflidavit with said owner, and by reason of having filed said account as hereinbefore set out with the Clerk of the County Court as aforesaid, he has thereby availed himself of the mechanics' lien law of the state of West Virginia, and thereby acquired a lien against said property of said H. hereinbefore described to secure the payment of said account and balance of $313.32. The plaintiff, therefore, prays that said W. J. C. and P. M. H. be made party defendants to this suit and be required to answer the same; that proper process issue; that said property be sold by a decree of your Honor's Court, or so much thereof as is necessary, and the proceeds therefrom be applied to pay said plaintiff's lien debt. (Add prayer for general relief.) MASSACHUSETTS Form No. 312a BILL IN EQUITY TO COMPEL REPAYMENT OF MONEY BY CERTAIN PERSONS i (Title, Address and Commenoement.) And now comes F. G., of Rockport in said county, and brings this bill of complaint against C. K., of Lowell in the County of Middlesex, E. D. of said Rockport, and J. P. of Thomaston in the State of Maine, and respectfully alleges and represents to the Court as follows: First. That the said plaintiff is the son of B. G., late of said Rock- port, now deceased, and the said defendant K. is the father of C. G., late of said Rockport, now deceased, the second wife of the said B. G. and the step-mother of the said plaintiff. The said other defend- ants are sisters of C. G. Second. That by the will of the said B. G., a copy of which is hereto annexed, marked "A," it was provided as follows: "First. All of the property and estate both real and personal of which I shall die seized and possessed, and to which I shall be en- titled at the time of my decease, I give, devise and bequeath to my beloved wife C. G. during her natural life for her support, comfort and enjoyment or for any other purpose for which she may deem it necessary to use it. And I hereby give her my full power during her 1 Taken from GrifBn v. Kitchen, Superior Court Essex County, Mass. Equity No. 1035. Reported 225 Mass. 331. 430 EQUITY FORMS life time, to sell in her sole and individual name, or dispose of In any way she may deem necessary, either absolutely in fee simple or otherwise, any or all of my said personal or real estate, and to con- vey and transfer the same by deed or otherwise in her own name. Second: All my property and estate which shall remain at the death of my said wife, I give and devise to my beloved son, F. G., and to his heirs and assigns forever." Third: That said will was duly admitted to Probate and the said C. G. was appointed executrix thereof, and came into possession of the property of said estate of B. G., consisting of cash deposits in va- rious banks, amounting in all to a sum approximating six thousand (|6,000) dollars, and certain articles of personal property, consisting mainly of household furniture, furnishings, and similar goods. Fourth: That on or about the 20th day of February, A. D. 1911, the said C. G. died; that shortly previous to her death, the said C. G. was still in possession of the greater part of the said cash deposits in various banks, having disposed of only a small portion of the same for her support, comfort and enjoyment, in accordance with the terms of said will. That she knew she was about to die, and would have no opportunity to dispose of the said funds in any manner nec- essary for her support, comfort and enjoyment. That thereupon, all said funds were placed in the name and possession of the said defend- ants or some of them, without the payment of any consideration, and without any legal right or legal effect. Fifth : And the plaintiff says that he Is informed and believes and therefore alleges, that the said C. G. was not of sufficient mental capacity to do business or to understand the effect of said transfer on the date of the same, shortly prior to her death, and that said as- signment and transfer of the said funds into the names and posses- sion of the said defendants was obtained by the said defendants with full knowledge of the mental incapacity of the said C. G., and with the fraudulent intention, on the part of the said defendants, to ap- propriate the same to their own use and to defraud the plaintiff of his property. Sixth : And further the plaintiff says that if it shall be determined by the court that the said C. G. was of sound and capable mind at the time of the making of said transfer, that then the plaintiff says that he is informed and believes, and therefore alleges, that the said assignment and transfer was obtained by the said defendants, with- out consideration, by virtue of a fraudulent conspiracy on the part of all said defendants, with each other and with the said C. G., to place said funds beyond the reach of the said plaintiff, who under the terms of the said will, was entitled to the same upon the death of the said C. G. That said C. G. was not acting in valid execution of any power under said will and said defendants were acting in execution of said fraudulent conspiracy and with the purpose and intention to appropriate said funds to their own use. Seventh: And the plaintiff says that he has no absolute knowledge as to the manner and form in which said transfer and assignment was made and no absolute knowledge whether said funds were placed all in the name of one defendant, or placed in the names of each of the defendants, in different proportions, but he is informed BILLS TO ENFORCE LIENS 431 and believes and therefore alleges, that portions of said fund are now in the possession and name of each of said defendants, in pur- suance of said fraudulent conspiracy above set forth. Eighth: And now as to said articles of personal property be- queathed by said will, consisting of household furniture, furnish- ings and similar articles, the plaintiff says that they were held by the said C. G. in her possession, up to the first day of November, A. D. 1909; that on said date a written agreement, providing for the transfer of the title of said property, was entered into between the said C. G. and the said F. G., a copy of said agreement being hereto annexed, marked "B," .whereby it was provided that the said F. G. should take title to all said personal property, the said C. G. reserving the right to use the same during the term of her life, in common with the said F. G., in the house owned by the said F. G., and occupied by them together. Ninth: That shortly before the death of the said C. G. the said defendants, having full knowledge of the agreement above referred to, and of the ownership by the said plaintiff of said personal prop- erty, secretly, fraudulently and without right, entered into the house of the said plaintiff and removed therefrom many valuable articles of said household furniture and other goods, all the property of the plaintiff, to which he had acquired title under said will and said agreement, and also articles to which he had otherwise acquired title. The plaintiff is informed and believes and therefore alleges, that some of the property is concealed on the premises of the defendant E. D. in said Rockport, and other portions of said prop- erty are concealed on the premises of the said C. K. in said Lowell. Tenth: That on or about the 25th, day of February, A. D. 1911, after the death of the said C. G., the said plaintiff sued out a writ of replevin, in the District Court of Eastern Essex, against the said C. K. and the said E. D., alleging the removal and detention of the said articles of personal property belonging to him, and secretly and fraudulently taken away, and thereupon the said defendants, although due demand under said writ was made by Deputy Sheriff duly qualified to serve said writ to deliver up said property, the said defendants then and there refused so to do. Eleventh: And the plaintiff says that said articles of personal property, so taken, consisted in part of a watch and chain formerly belonging to his said father, a portrait of his said father, various articles of furniture, pictures, silverware, rugs, draperies, table linen, and other similar articles, many of which were the property of and were used by his said father and his said mother, and which, from their character and association, have a peculiar interest ind value to him, the said plaintiff, for which mere damages at law for their intrinsic value furnish no adequate compensation. Twelfth: And the plaintiff says that as to all said matters com- plained of herein, he has not any full, adequate and complete remedy at law. Wherefore the plaintiff prays as follows: That a writ of injunction may issue, forbidding the said defend- ants or any of them from using, removing, transferring, conveying away, selling, or in any way dealing with the said articles of per- 432 EQUITY FORMS sonal property until the final order and decree of this court, and forbidding the said defendants or any of them from using, assign- ing, transferring, expending or in any way dealing with the said funds formerly of the estate of the said B. G., and now the property of the plaintiff, which have been placed in their names or possession, or in the names or possession of any of them, until the final order and decree of this court. That the said defendants and each of them may be ordered to reveal the place or places where said personal property and said funds are concealed and deposited, and that they may be ordered to convey and deliver the said funds and the said property to the plaintiff, or take such action to assist the plaintiff to recover possession of the same as shall be reasonable and proper in the premises. That an account may be taken under the direction of this Hon- orable Court as to what articles of personal property and what sums of money have been taken by the said defendant or any of them, and destroyed, lost or expended, and that the said defendants and each of them may be ordered by this Honorable Court to pay to the plain- tiff whatever sums may be necessary to reimburse him for said loss and said detention of property. (Signature.) Form Ko. S12b BILL XN EQUITY TO ENTOBCl! AK EQTTITASLE ASSiaNMElTr OF MONEY TO BE EECEIVED BY THE MAKEE OF OEBTAIN PEOmSSOKY NOTES i {Title, Address and Commencement.) The plaintiff says: 1. That on or about the 26th day of November, 1912, the Sub- Target Gun Company, a corporation duly established under the laws of the State of Maine, executed and delivered to the plaintiff a cer- tain promissory note for one thousand ($1,000) dollars, for value, payable in one month after date, copy of which note with the en- dorsements thereon is annexed hereto marked A; and as collateral thereto executed an assignment to the plaintiff of the proceeds of a certain contract with the United States Government, dated Septem- ber 16, 1912, a copy of which assignment is hereto annexed marked B; and also delivered to the plaintiff a certain agreement to set apart from the proceeds of said contract, when received, the sum of one thousand ($1,000) dollars, and pay the same to the plaintiff, a copy of which agreement is hereto annexed marked C ; 2. That upon the 7th day of January, 1913, the said Sub-Target Gun Company of Maine executed and delivered to the plaintiff a certain promissory note for six hundred ($C00) dollars, payable thirty (30) days after date, a copy of which note with the endorse- ments thereon is hereto annexed marked D, and as collateral thereto executed a second assignment to the plaintiff of said proceeds of con- tract, a copy of which assignment is hereto annexed marked E; and also delivered to the plaintiff a certain agreement to set apart from 1 Taken from Jennings v. Whitney, Superior Court Suffolk County, Mass. Equity No. 899. Reported 224 Mass. 138. BILLS TO ENFORCE LIENS 433 the proceeds of said contract, when received; the sum of six hun- dred (?600) dollars and pay the same to the plaintiff, a copy of which agreement is hereto annexed marked F; 3. That neither of said notes has been paid and the said Sub- Target Gun Company of Maine has become an involuntary bankrupt under the laws of the United States, case No. 19295 in bankruptcy for the District of Massachusetts, and that no dividend has been paid or will be paid to its creditors; 4. That L. R. and M. F., Esquires, were duly appointed receivers of said Sub-Target Gun Company of Maine, by the District Court of the United States for the District of Massachusetts, and upon the 11th day of April, 1913, petitioned the court for leave to sell all property of the bankrupt including machinery, tools, stock on hand, furniture, patents, interests in patents, etc., subject to all incumbrances, in- cluding that of the plaintiff; that upon the 28th day of April the petitioners were duly authorized to sell all of the said property and estate of said bankrupt subject to all incumbrances; that thereafter said receivers conveyed to the defendant, W. of South Ashburnham, in the County of Worcester, Massachusetts, for the sum of five thou- sand ($5,000) dollars, all the property and estate of said bankrupt, subject to all liens and incumbrances, including that of the plaintiff, and said sale was thereafter, upon the petition of said receivers, con- firmed by the court; 5. That included In the sale of the said defendant W. was said contract with the United States Government referred to in paragraph 1 and 2; 6. That the said defendant W. had full knowledge of the plain- tiff's said assignments of the proceeds of said contract; 7. That your plaintiff is informed and believes and therefore alleges that the United States Government assented to the assign- ment of said contract to the said defendant W. upon the latter's agreement to pay and satisfy all liens and incumbrances, including that of the plaintiff, upon the proceeds of said contract; 8. That thereupon the said defendant W. became constructive trustee of the proceeds of said contract when received by him for the purpose of paying the sum of sixteen hundred ($1,600) dollars to the plaintiff. 9. That the defendant W., instead of completing said contract and collecting the money therefrom himself, procured the formation of a corporation under the, laws of Massachusetts, the defendant Sub- Target Gun Company, for the purpose, among other things, of finish- ing said contract and collecting the said proceeds, and assigned to said defendant Sub-Target Gun Company of Massachusetts said con- tract; 10. That said assignment to said defendant Sub-Target Gun Com- pany of Massachusetts was made in order to prevent the plaintiff from recovering upon said assignments on the ground that the said defendant Sub-Target Gun Company of Massachusetts would be a purchaser for value without notice of the plaintiff's claim, and that such action on the part of the defendant W. was a fraud upon the rights of the plaintiff under said assignments; 11. That said defendant W. is an officer of and a large stockholder 434 EQUITY FORMS in said defendant Sub-Target Gun Company of Massachusetts, and tlie said L. R., who was a receiver of said Sub-Target Gun Company of Maine and also its trustee in bankruptcy, is and w^s attorney at law for said defendant W. and also a large stockholder in and officer of said defendant Sub-Target Gun Company of Massachusetts, and is also attorney at law for said defendant corporation. 12. That said R. had full knowledge of the claims of the plaintiff by virtue of said assignments, and advised and aided the said defend- ant W. in the formation of said defendant corporation and in the transfers thereto of said contracts for the purpose of avoiding the plaintiff's claims on said assignments; 13. That by virtue of the knowledge of the said defendant W. and said R., the defendant Sub-Target Gun Company of Massachusetts has constructive notice of the plaintiff's assignments; 14. That your petitioner Is informed and believes and therefore alleges that said contract has now been completed and the United States Government has duly paid to the said defendant Sub-Target Gun Company of Massachusetts the purchase price called for by said contract, to wit, an amount much larger than sixteen hundred (?1,600) dollars. Wherefore the plaintiff prays : 1. That it may be decreed that the defendant W. held said con- tract with the United States Government on a constructive trust to pay sixteen hundred ($1,600) dollars of the proceeds thereof to the plaintiff, and that he has committed a breach of said trust, and that he shall pay the plaintiff the sum of sixteen hundred ($1,600) dollars with interest from the date of process in this proceeding. 2. That the said defendant Sub-Target Gun Company of Massa- chusetts is a constructive trustee for the plaintiff of the sum of six- teen hundred ($1,600) dollars received by it from the United States Government under the provisions of said contract, and that it may be ordered to pay to the said plaintiff said sum of sixteen hundred ($1,600) dollars with interest from the date of process in this action. (Signature.) Form Ko. S12c BILL IN EQUITY TO BEOOVEB PBOFESTY STOLEN FBOM PLAIN- TIFF WHICH IS IN CUSTODY OF POLICE, ETC.i (Title, Address and Commencement.) 1. That plaintiff says that he is engaged in business as a jeweler in said Huntington and bad a place of business at No. 916 Third Avenue in said Huntington; that on or about the twenty-first day of March, A. D. 1914, the defendants R. and D. came to this said place of business and forcibly, violently, and without right appropriated, took and stole from said plaintiff a large amount of personal property of about the value of fifteen thousand ($15,000) dollars, said prop- erty consisting of thirty (30) rings with diamond settings, the de- scription of said rings and diamonds set therein being In the posses- sion of said plaintiff. 2. The said defendants, R. and D. then disappeared from said 1 Taken from Homrich v. Robinson et als. Reported 221 Mass. 308. BILLS TO ENFORCE LIENS 435 Huntington and have recently been apprehended in this county and Commonwealth and are held herein to await trial as alleged violators of the laws of this Commonwealth. 3. That at the time of their arrest in this Commonwealth, the said R. and D. were searched and their effects examined by the duly con- stituted officials of the City of Boston, and the following diamonds were found in their possession: (1) unset diamond 3.88 cts.; top silver cape; fine American make; well spread. (2) unset diamond, 1.98 cts.; fine, perfect, blue Wesselton. (3) unset diamond, 2.41 cts., perfect, fine Wesselton; fine make. (4) unset diamond, 1.66 cts., fine perfect, blue Wesselton; fine make. (5) unset diamond, 1.39 cts., fine perfect, blue Wesselton; fine make. (6) unset dia- mond, 1.48 cts., fine perfect, blue Wesselton; fine make. (7) unset diamond, 1.50 cts., fine blue Wesselton, perfect except for one very small rough place at the junction of two facets which should have been polished off when cut. Said diamonds are now in the possession or custody of one or all of the other defendants named herein. In addition to these diamonds the said defendants, R. and D. had in their possession certain money, to wit, there was found in the pos- session of said D. the sum of four hundred and seventy-one ($471) dollars, and in the possession of said R. the sum of three hundred and ninety ($390) dollars. 4. The plaintiff has examined the said diamonds and finds that these seven stones above described are stones which were stolen from his premises on the date above set forth; that said stones have been removed from their settings, but the plaintiff has been able to identify them positively as a portion of the property which was so taken on said date. 5. The plaintiff alleges on information and belief that the moneys found in the possession of said defendants, R. and D., is money which was derived from the sale of other property of the plaintiff, which cannot now be found. 6. That said property is legally in the custody of all or some of the other defendants named herein and cannot rightfully be come at in the ordinary action of replevin or attached by the ordinary legal process, and there is no full, adequate or complete remedy provided for by law for reaching said property and applying or delivering the same for the plaintiff's benefit. 7. That there is danger that other claimants having ordinary claims against said defendants, R. and D., but without any just or equitable right to the said property, may intervene and delay or pre- vent the plaintiff from acquiring the same without the intervention of this court and the assistance thereof. 8. The plaintiff alleges, therefore, that he is the rightful owner of the seven diamonds above described, and asks this court to estab- lish his title thereto. He further alleges that he is the holder of a just and legal claim against the said defendants, R. and D., on ac- count of their misappropriation of the other diamonds and jewelry as herein set forth, and that the amount of his claim on that account is about fifteen thousand ($15,000) dollars, and he asks this court to establish his claim and ascertain the amount thereof. 436 EQUITY FORMS Wherefore the plaintiff prays: 1. That the said defendants, R. and D., be enjoined forthwith from assigning or attempting to convey any right, title or interest in the property herein described until further order of this court. 2. That the other defendants, to wit, the City of Boston, S. O'M., John R. McC. and A. C. A., who now hold said property in their custody, be enjoined from disposing of the same until further order of this court. 3. That the said defendants, the City of Boston, S. O'M., J. R. McG. and A. C. A. be declared to hold the money herein described as equitable trustees for the benefit of said plaintiff and subject to the order of this court. 4. That the plaintiff's title to the seven diamonds herein described be established and the defendants found to have the present custody thereof be ordered to deliver the same to the plaintiff under such conditions as to this court may seem just and proper. (Signature.) Form No. S12d BILL IN EQUITY TO RESTRAIN UNLAWFUL USE OF BURIAL LOT i {Title, Address and Commencement.) 1. That plaintiff is the owner of certain real estate situate in Marblehead in said County of Essex, bounded and described as follows : Northeasterly and northwesterly by land formerly of Looney; southeasterly by land now or formerly of Wyman; and southwest- erly by Cemetery Road, and land now or formerly of Looney. The premises being the unsold lots in what is locally known as Harbor View Cemetery. 2. The defendants have committed a series of trespasses on said premises, and have dug up soil, sods and other material of great value, and have removed the same therefrom; and, utterly disregard- ing the notices andr commands of the plaintiff to desist, the defend- ants persist in said trespasses, and openly threaten, and declare their intentions to continue such trespasses and to remove such materials from the premises. 3. The defendant are without financial standing or responsibility and the plaintiff has no adequate remedy at law and is subject to irreparable damages from such continued trespasses and removal of materials. Wherefore the plaintiff prays: 1. That the Court will by its decree forthwith enjoin the defend- ants, their servants and agents, from entering said premises and from removing any sods, soil, gravel or other materials therefrom until further order of the Court. 2. That the Court, after hearing the parties and their evidence, and upon full consideration of the action, will permanently enjoin the defendants, their servants and agents, from entering said prem- 1 Taken from Trefry v. Younger, Superior Court Essex County, Mass. Equity No. 1004. Reported 226 Mass. p. 25. BILLS TO ENFORCE LIENS 437 ises, from removing any materials therefrom, or from committing any other trespass thereupon. 3. That the Court will award the plaintiff such damages as he has suffered from the said acts of the defendants, and bis costs. (Signature.) Form Ko. S12e BILL IK EQUITY TO LOCATE BIQHT OF WAY THAT IS XTNDEFINED i (Title, Address and Commencement.) 1. Respectfully represents the petitioner that she is the owner of two certain lots of land in said Mattapoisett, the descriptions of which are hereto annexed marked A and B respectively. 2. There is a way leading from said lot A of the petitioner north- erly to a public highway called the Fairhaven road. This way passes partly over land of the petitioner and partly over land of the re- spondent, and is known as Mead Street. 3. The petitioner is the owner in fee of a part of said way, sub- ject to the rights, if any, of the respondent to pass and repass over the same, and has the right to pass and repass over every part of said way not owned by her. 4. On or about the 10th day of March, 1907, the respondent erected fences and bars across said way, and placed therein a build- ing and other obstructions, thereby trespassing on the petitioner's property and obstructing said way, and greatly interfering with the petitioner's use thereof. 5. The respondent, though repeatedly requested so to do by the petitioner, has wholly failed and refused to remove said fences, build- ing and other obstructions, and still maintains the same. 6. The petitioner is informed and believes that the respondent intends to complete said building as a permanent structure in said way, and to place therein other obstructions, to the damage of the petitioner. Wherefore your petitioner prays: First: That the respondent may be ordered forthwith to remove the obstructions now in and upon said way, and so placed and main- tained by him. Second: That said respondent may be enjoined from placing or maintaining now or at any time hereafter, buildings, fences, bars or other obstructions upon said way, and from interfering in any way with the full and rightful use thereof by the petitioner, her suc- cessors and assigns, to its entire width. Third: That the respondent may be enjoined from trespassing upon any part of said way owned by the petitioner, and from using or occupying any such part of said way for any purpose except that of passing and repassing, to such extent, if any, as he may be author- ized so to do. Fourth: That said respondent may be ordered to pay to your peti- 1 Taken from Original Bill, Burnham v. Mahoney, reported 222 Mass. 524. 438 EQUITY FORMS tioner damages for obstructing said way and trespassing as aforesaid, and also to pay to your petitioner her costs incurred in this suit. Fifth: That the injunction to be issued in this case be directed to and made binding upon the respondent's heirs and assigns, as well as the respondent personally. (Bignature.) Form No. 312f BTJIT IN EQUITY BT MEMBEBS OF A LABOB UNION WHIOH! HAD MADE CEBTAIN AGBEEMENTS i {Titles, Address and Commencement.) 1. The plaintiffs are respectively secretary-treasurer and business agent of the United Shoe Workers of America, a voluntary unincor- porated association and a trade union having a usual place of busi- ness In said Boston, and they bring this suit in behalf of said associa- tion, whose members are too numerous to mention, and by the au- thority of said association duly delegated to them. 2. The defendants are oflBcers and members of the Lasters' Pro- tective Union of Lynn, whose other oflBcers and members are herein made defendants, and whose members are too numerous to mention? but who are fairly represented here as a class by the aforesaid in- dividual defendants. 3. The plaintiffs say that all of the defendants are or were mem- bers of the United Shoe "Workers of America; that on or about March 1, 1915, the United Shoe Workers of America entered into agree- ments with a very large number of the shoe manufacturers of Lynn, whereby hours and wages and conditions of employment were fixed for a minimum period of one year, and that all of said agreements were continuous in their nature, and that they would continue in- definitely after the term of one year unless active measures were taken by the parties thereto to abrogate them; that all of the de- fendants were parties to said agreements, all of which are still in full force and effect, and were enjoying the benefits obtained by them. A copy of the agreement is hereto annexed. 4. And the plaintiffs say that on or about August 1, 1915, the de- fendants combined and conspired together to violate the aforesaid agreements and to induce other members of the United Shoe Workers of America to violate them; and that in pursuance of said conspiracy they formed, or caused to be formed, the Lasters' Protective Union of Lynn, and maliciously, illegally, and in violation of the aforesaid agreements, attempted to induce many employers who were parties to the aforesaid agreements to break the same, and, in violation of the conditions contained therein, to enter into other agreements and arrangements with the aforesaid Lasters' Protective Union of Lynn; that the defendants are now continuing, and intend to continue, in the unlawful conduct aforesaid, and that it is their aim and intention maliciously to cause a breach of the aforesaid agreements, to the injury of the plaintiffs. 5. The plaintiffs say that, in pursuance of said conspiracy, EBe defendants have threatened the aforesaid employers that if they did 1 Taken from Tracey v. Osborne, 226 Mass. 25. BILLS TO ENFORCE LIENS 439 not violate the agreements aforesaid and enter into the new arrange- ments and agreements with the Lasters' Protective Union, that the defendants would strike against said employers, with the intentfon and purpose, not only of violating the aforesaid agreements to which they themselves were parties, but to force the aforesaid employers to break them and enter into agreements with the Lasters' Protective Union as aforesaid; and in pursuance of said conspiracy the defend- ants have threatened, and do now continue to threaten, the aforesaid employers that they would cause trouble in their factories. 6. And the plaintiffs say that the agreements before mentioned are made with shoe manufacturers which control the major portion of the shoe manufacturing in the city of Lynn, and that If the defend- ants continue to combine and conspire to violate the aforesaid agree- ments that they will suffer Irreparable injury and damage, not only in money, loss of work and wages, but also in their prestige, integ- rity, and in their reputation for keeping their agreements, and that if the defendants continue in their unlawful conduct, and the afore- said agreements are violated by their unlawful acts, that it will be difficult, if not impossible, for the plaintiffs to procure new agree- ments in future years with employers in the city of Lynn and else- where; and that the plaintiffs have no plain, adequate and complete remedy at law. Wherefore the plaintiffs pray that an injunction may be issued against the defendants, their agents and servants, restraining them from violating their aforesaid agreements or doing any act whatso- ever tending to cause a violation thereof by any of the parties thereto. 1. That damages may be assessed against the defendants and awarded to the plaintiffs. 2. For such other relief as to the Court may seem meet and proper. (Sigjiatwe.) NEW JEBSET Form No. SlZg BILL TO ENJOIN DISCLOSURE OF TBADE SECBETS i (Title, Address and Commenoement.) 1. The S. Company is, and during all the times herein mentioned was, a corporation duly organized and existing under and by virtue of the laws of the State of New Jersey and having its office at in the State of New Jersey, and having a factory and place of business in County of , New Jersey. 2. That the business for which the complainant was incorporated, and which It has carried on ever since and is now engaged In, has been the business of manufacturing and selling various chemicals, chemical compounds and substances, Including among others, hereinafter referred to as chemicals. 3. That the complainant has carried on a large business in the manufacture and sale of said chemicals, which business has been 1 The above form, though taken from the practice of New Jersey Is available for use in general chancery practice. 440 EQUITY FORMS very profitable, and said profits been due largely to the invention and discovery of the processes and methods of appliances used by the said complainant in its business. 4. That the processes and methods used by the complainant in the said business were and are secret ones, known only to the officers and employees of the complainant actually engaged in the business of the complainant and were not and are not known by other manufac- turers or by the public. 5. That, by reason of said processes and methods, as the com- plainant verily believes, the complainant produces said chemicals more quickly than its competitors, produces a greater amount of product thereof from the same amount of raw material, has produced a commercially better product than its competitors and has reduced its expenses and the number of employees required in the production of a given amount of such chemicals. 6. That said processes and methods are very valuable to the com- plainants and the possession of the knowledge thereof has been of value to the complainant and will continue to be of value to the com- plainant, and the disclosure or use by another of any of the secrets of said processes or methods, or of any information concerning the same, and the use and application thereof, would work an irreparable Injury to the complainant. 7. That the complainant during the time it has been conducting said business has spent through its officers and employees consider- able study, time and labor in experiments in making and developing the processes and methods employed in said business and has ex- pended large sums of money in such experiments and development, and said complainant has at great expense constructed the machinery and apparatus necessary to carry on said business at its factory in in the State of New Jersey, as well as elsewhere, where it Is now manufacturing said chemicals by the processes and methods hereinbefore referred to; complainant has never published or dis- closed the methods or processes, or any of them, used at its said fac- tory or in its business at any place, to any person. 8. That in or about the month of 1916, the defendant , entered the employ of the complainant in the capacity of a chemist and was thereafter advanced and promoted until he be- came the work superintendent of the complainant's said plant at Springfield, New Jersey, and has been such superintendent for several months prior to the date of this bill. 9. That at the time the defendant entered the employ of the com- plainant as aforesaid, he was informed by the complainant that the processes and methods used by the complainant in its said business were secret and the said defendant during all the times he was in the employ of the complainant knew and understood and recognized the fact that he should not divulge said secrets or make any use of the same except in the business of the complainant. 10. That, as such employee of the complainant, the defendant acquired certain knowledge of the processes, methods, machinery and apparatus used by the complainant in its business, which were valu- able to the complainant and were unknown to any person except such of complainant's employees as complainant deemed it necessary BILLS TO ENFORCE LIENS 441 or proper to communicate the same to, for the purpose of carrying on its business; and, as such employee, the said defendant inspected the processes, methods, machinery and apparatus used by the com- plainant in its said business and became acquainted with the proc- esses, methods, machinery and apparatus used by the complainant in the transaction of its business, and especially in the manufacture of the chemicals above-mentioned; that the defendant has notified the complainant that he will leave its employ on 1917, and will shortly thereafter enter the employ of a competitor of the com- plainant, though he has not notified the complainant of such com- petitor's name; that, though the complainant has enjoined the de- fendant that he should not use for anyone other than the complain- ant and should not divulge or disclose to anyone the secrets of the processes and methods of the complainant aforesaid, the defendant has refused to promise that he would not do so and has evaded complainant's Inquiries in reference thereto. 11. Upon information and belief, that the defendant intends to use for others, or another than the complainant, and to divulge and disclose to others, the said secret processes and methods of the com- plainant used by the complainant as aforesaid in the manufacture of said chemicals and its other products. 12. That such disclosure by the defendant of said secret processes and methods of the complainant and the use of said processes and methods by others would result in irreparable injury to the com- plainant. Complainant is without adequate remedy in the courts of law and therefore prays: 1. That A. B., who is the defendant in this suit, may answer this bill of complaint without oath, and each statement therein made. 2. That said defendant, his agents, servants, employees, em- ployers, associates or other persons in any manner connected with the defendant, be perpetually enjoined and restrained from divulg- ing or disclosing to any person or persons any information concern- ing the processes and methods, or any of them, used by the com- plainant in its business as aforesaid, which said defendant obtained or learned from the complainant or by or through his connection with the complainant, and from using said processes and methods, or any of them at any time or in any place. 3. That a writ of subpoena may be issued commanding the said defendant A. B. to answer this bill of coniplaint and to abide by such decree as this court may make in the premises. (Signature and Verification.) RHODE ISLAND Form No. 31211 BILL FOB ASSIGNMBl^T OF DOWEB i (Title and Address.) E. M., of the City of Brooklyn, Borough of Brooklyn and State of New York, brings this her bill of complaint against R. D., of the 1 The above form, though taken from the equity practice of Rhode Island, is available for use in general chancery practice. 442 EQUITY FORMS city of New York, Borough of Bronx and State of New York, E. K., I. T. and F. M., a minor, R. D. being his guardian, all of the City of Providence, County of Providence and State of Rhode Island, and humbly complaining showeth unto this Honorable Court the follow- ing: First. That P. M. died in Providence, intestate, on the 8th day of December, A. D. 1911, and surviving him were your complainant, his widow (who was intermarried with him on the 18th day of July, A. D. 1911), and the other respondents hereinbefore named as his sole heirs at law, and at the time of his decease he was seized and possessed of the following tracts or parcels of real property, located as hereinafter described. (Deseription.) Your complainant avers that up to the time of the filing of this bill of complaint, no one of the respondents has offered to assign and set off to her her dower in the premises hereinbefore described, although a reasonable opportunity and period in which to have done so has elapsed. Your complainant avers that the premises considered, she is with- out adequate remedy in the strict rules of the common law, and is able to obtain such adeciuate remedy in a court of equity only, where such matters are properly cognizable. To the end, therefore, that each of the respondents may make full, true, direct and perfect answer to all and singular the allega- tions hereinbefore set forth (but not under oath, the benefit whereof is hereby waived), and that said respondents and each of them may be ordered to assign and set off to your complainant her true and lawful dower in the real property hereinbefore described, or that the respondents be ordered to pay to your complainant at certain periods to be fixed by order of this Honorable Court for and during her lifetime, one-third of the net rent and income of the real prop- erty hereinbefore described and lineated, and the same to become and be a fixed charge on all the real estate hereinbefore described, of which P. M. died seized and possessed, and that your complainant may have such further relief in the premises as the nature of her case may require and which to this Honorable Court shall seem meet. ^Signatwe.) RHODE ISLAND Form No. 3121 BILL BT AN DTSTJEANOE OOMPANT FOB AN INJTJNOTION TO EESTBAIN TEUSTEE IN BANKEtTPTOY PEpM PBOSEOTTTINO IN MINNESOTA AND NEW HAMPSHIBE THE SAME CASE NOW FENDING IN BHODE ISLAND (Title and Commencement.) The N. E. C. Company, a corporation, incorporated under the laws of the Commonwealth of Massachusetts, doing business in the City of Providence, State of Rhode Island, and having a duly authorized agent in said Providence for the acceptance t)f service, brings this, its bill of complaint against J. W., Trustee in Bankruptcy of the BILLS TO ENFORCE LIENS 443 Estate of R. G., alias G. R. G., o£ the Town of Lincoln, in said State, and humbly complaining states unto Your Honor, as follows: 1. That J. W., Trustee, on the 19th day of June, A. D. 1914, brought an action at law against said N. E. C. Company, in the Su- perior Court of Providence County in said State; that said N. E. C. Company as defendant in said suit duly petitioned said Superior Court for the removal of said suit to the United States District Court for the District of Rhode Island, on the grounds substantially, that the controversy in said suit was wholly between citizens of different states; that said petition, with a bond with good and suflScient surety, executed in accordance with the United States statutes on that behalf made and provided, was filed in said Superior Court on the 18th day of July, A. D.1914, said date being within the time within -which said defendant was required to plead or demur by the statutes of said State of Rhode Island, and thereupon an order was signed by a Justice of said Court and a decree entered removing said case to the said District Court of the United States. 2. That said suit as originally entered in said Superior Court on said 19th day of June, A. D. 1914, is now pending before this Hon- orable Court. 3. That on the 13th day of July, A. D. 1914, said J. W., Trus- tee, served on the Insurance Commission of the State of Minnesota a summons and complaint in an action against said N. E. C. Com- pany, in the District Court of the Fourth Judicial District of the State of Minnesota, a copy of which said complaint is hereto at- tached and marked "Exhibit A." 4. That an examination of said complaint, as filed in the Court of the Fourth Judicial District of the State of Minnesota, shows that the subject matter of said complaint, and the parties thereto, are identical and the same, as the subject matter of, and the parties to, the suit now pending before this Honorable Court. 5. Said complainant further has been Informed and believes and therefore alleges that said J. W., Trustee, has filed, or intends to file, a suit in the Courts of the State of New Hampshire, identical with the suit now pending before this Honorable Court against said N. E. C. Company. 6. An examination of the declaration in the suit pending before this Court shows that the matter at issue between the parties to said suit is the construction of an insurance policy issued by said N. E. C. Company, indemnifying said R. G., alias, against loss from the liability imposed by law upon the assured on account of bodily injuries or death accidentally suffered, or alleged to have been suffered.while said policy was in force, by any persotl or persons by reason of the use of the automobile described in the application for said policy. Further that said declaration contains averments stating sub- stantially that said N. E. C. Company endeavored to escape liability under said policy by inducing said R. G., alias, to file a voluntary pe- tition In bankruptcy In fraud of the rights of creditors of the assured, and of the judgment creditors, M. H. and W. H., who had previously been represented In the suits upon which they obtained judgment by said J. W. and Messrs. B. & B., the present counsel for said J. W. 444 EQUITY FORMS 7. The said complainant avers that the filing of said suit in Min- nesota, and the threatened filing of a suit in New Hampshire and further suits elsewhere, will grossly prejudice said complainant by cdmpelling said complainant to defend said suits in different juris- dictions remote from the place of instituting the original proceed- ings, subjecting said complainant to needless expense, and is in gross violation of the jurisdiction of the Court first obtaining juris- diction of the alleged cause of action, and which has jurisdiction of the bankruptcy proceedings in which said R. G., alias, was adjudged bankrupt. 8. That said complainant by the laws of the State of Minnesota must answer t'e suit instituted in the Fourth Judicial District of the State of Minnesota on or before August 3, 1914. WHEREFORE, inasmuch as said complainant is remediless in and by the strict rules of common law, and can only have relief in equity where such matters are properly cognizable, it humbly prays that said J. W., Trustee, be compelled to make full, true and perfect disclosure and answer to the several matters aforesaid (but not under oath, the benefit thereof being hereby waived); and that the said J. W., Trustee, may be temporarily and permanently restrained by preliminary and also by permanent order and injunction of this Honorable Court from further prosecuting in the Fourth Judicial District Court of the State of Minnesota the suit filed as aforesaid in said Minnesota Court, and from filing any further suits in other states between the same parties in the same subject matter as con- tained in the suit now pending for determination before this Hon- orable Court, and for such other further relief as to Your Honor may seem meet. May it also please Your Honor that a citation be issued from this Honorable Court, directed to said J. W., Trustee, thereby command- ing him at a certain time and under a certain penalty therein to be limited, personally to appear before this Honorable Court and then and there true, direct and perfect answer to make to all and sin- gular the premises, but not under oath, the benefit thereof is hereby expressly waived; and further to stand to perform and abide by said further order, direction and decree therein, as to this Honorable Court shall seem meet. And said complainant as in duty bound, will ever pray. (Hignature.) STATE OF RHODE ISLAND, PROVIDENCE, Sc. In Providence, on the 23rd day of July, A. D. 1914, before me personally appeared E. B., Attorney in fact of the N. E. C. Company, the complainant in the above entitled case, who being by me duly sworn, made oath that he is Attorney in Fact and is duly authorized to sign said bill in its behalf; that he has read the foregoing bill of complaint subscribed by him on behalf of said N. E. C. Company, and knows the contents thereof and that the same are true of his own knowledge, except as to matters which are therein stated to be upon his information and belief, and as to other matters he believes them to be true. Notary Public. BILLS TO ENFORCE LIENS 445 RHODE ISLAND Form No. 312j BILL TO ENJOIN VIOLATION OF TEADE AOEEEMENTi (Title, Address and Commencement.) 1. That since the fall of 1888 he has been engaged in the busi- ness of conducting a school of languages and music at said Provi- dence under the name and style of the Westminster School of Lan- guages and Music, and as the head and proprietor of said school has obtained a good reputation and extensive clientage in said State of Rhode Island and especially in the cities of Providence and Paw- tucket and the Town of Bristol. 2. That on or about the fourteenth day of June, A. D. 1909, your orator entered into a written contract with the defendant, P. G., a copy of which is hereunto annexed and marked "Plaintiff's Exhibit A" and which your orator prays may be taken as a part hereof. 3. That in and by said agreement your orator hired the said P. G. as a teacher of French for the term therein named, to wit, from June 14, 1909, to June 18, 1910. 4. That in and by said agreement it was provided as follows: "Fifth: Should either party of this agreement desire that the said G. should terminate his services before the expiration of this agree- ment each party agrees to give to the other party full and definite notice of such desire and intention at least two weeks in advance of the actual termination of the services of said G." And in and by said contract it is further provided as follows: "That from and after the conclusion of his services, as fixed by the terms of this agreement, that is from the eighteenth day of July, 1910, or in case of sooner conclusion of his services from whatever cause, from and after the date of such last named conclusion until the eighteenth day of June, 1911, he, the said G., will not give any lessons to any person or persons in the City of Providence, the City of Paw- tucket or the Town of Bristol in said State of Rhode Island, until after the said eighteenth day of June, A. D. 1911." 5. That on the thirteenth day of September, A. D. 1909, the de- fendant, purporting to give the notice, provided for by said paragraph five of said agreement, deposited in the postoifice at Providence a certain communication by letter addressed to the plaintiff, a copy of which is hereunto annexed and marked "Plaintiff's Exhibit B," and caused the same to be registered, the same being addressed to your orator at "146 Lloyd Avenue, Providence, R. I.," yet as the defend- ant well knew your orator was absent from the city and said com- munication so addressed to him did not reach your orator until the twenty-third day of September, A. D. 1909. 6. That your orator has performed all of his said part of the agreement up to the time when said defendant wrongfully left the employ of your orator, as hereinbefore stated, but the defendant in- tending to injure your orator and in violation of the terms of his 1 The above form, though taken from the equity practice in Rhode Island, is available for use in general chancery practice. 446 EQUITY FORMS said agreement has, as your orator is informed and believes and charges the fact to be, given lessons to certain persons in the City of Providence and in said Town of Bristol and intends and threatens to continue to give lessons to such person or persons in said City and Town and in the City of Pawtucket as he shall be able to obtain pupils. 7. That so tar as your orator is informed the defendant, G., is without means or property and that a judgment against him for damages would be wholly worthless and that the damages which your orator will sustain, if the said defendant shall continue to teach and give lessons in French, as aforesaid, are not capable of definite or actual estimation. In consideration whereof, and inasmuch as your orator is wholly remediless at and by the strict rules of the common law and can have relief only in a court of equity, where such matters are properly cognizable and relievable, to the end therefore that the said defend- ant, P. G., may be required to make full, true and complete answer to the premises, but not under oath, the benefit whereof is hereby expressly waived, and that the said P. G. may be restrained, both temporarily and permanently, from teaching or giving lessons in French to any person or persons in the City of Providence, in the City of Pawtucket or the Town of Bristol, in said State of Rhode Island, until after the said eighteenth day of June, A. D. 1911, and that until hearing can be had a restraining order may issue from this Honorable Court, restraining said G., as aforesaid, and that your orator may have such further relief in the premises as the contin- gencies of the case shall require and to Your Honor shall seem meet and in accordance with good conscience and equity. And may it please Your Honors to grant unto your orator a writ of subpoena under the seal of this Honorable Court, directed to the defendant, P. G., commanding him at a certain time and under a penalty therein to be named, personally to appear before this Hon- orable Court and then and there to answer the premises and to stand to, abide and perform such order and decree therein as to Your Honors shall seem meet, and also a writ of injunction out of and under the seal of this Court enjoining and restraining the said de- fendant, P. G., as aforesaid, and that a restraining order may also issue enjoining and restraining the said defendant, P. G., as afore- said, until hearing in said cause shall be had or until further order of the Court. And as in duty bound your orator will ever pray. (Signature and Verification.) BHODE ISLAND Form No. 312k BILL OF DISCOVEEY i (Title and Address.) F. T. of the City of Pawtucket, County of Providence and State of Rhode Island, Assignee for the benefit of the creditors of the H. R. ' The above form, though taken from the equity practice tor Rhode Island, is available tor use in general chancery practice. BILLS TO ENFORCE LIENS 447 Company, a corporation organized under the laws of said State, brings this bis bill of complaint against W., S. & B. Company, a corporation located and doing business in said Providence, W. W. of said Providence, and H. S., also of said Providence, and thereupon complaining says: First. That he is informed by E. C. of said Providence, formerly Assignee of said H. R. Company, and by G. W. of said Providence, formerly in the employ of said H. R. Company, and he believes that immediately prior to the suspension of business by said H. R. Com- pany, to wit, on the day of July, A. D. 1907, said H. R. Company was the owner of a large stock of paints, varnishes and oils to the value of several hundred dollars which was stored by said Company at its store houses and at various locations where said Company was engaged in building houses. Second. That the complainant is informed as aforesaid and be- lieves that at or about the time of said suspension, the said respond- ent corporation took and carried away from the said H. R. Company the entire stock of paints, oils and varnishes aforesaid including those purchased from W. S. & B. Company and from other parties, without any right so to do and under circumstances amounting to tortious conversion of said stock. Third. That the complainant desires and intends to commence his suit at law in the name of said H. R. Company against said respond- ent corporation for the conversion of said stock of paints, oils and varnishes, but that he does not know of what the stock consisted, nor its value, nor the names of the agents of said respondent who took the same. Fourth. That this complalnamt has made diligent inquiry concern- ing the above matters, tO' wit, of C. S. of Providence, formerly Treasurer of said H. R. Company, of said G. W., of W. R. of said Providence, former Purchasing Agent of said H. R. Company, of S. C, formerly Foreman of said H. R. Company, of , formerly Painter of said H. R. Company, of said E. C. and also of said W., S. & B. Company; but that except for said W., C. and S. who could not give any definite information regarding the said matters, the said parties have neglected to furnish him with any information, and that he has no means of ascertaining these facts which it is neces- sary that he should know in order to commence and prosecute bis intended suit at law. Fifth. That said W. W. is the President of said respondent cor- poration and said H. S. is its Secretary and Treasurer and that the complainant is informed and believes and therefore avers that they are severally cognizant of the facts and all of them of which the complainant seeks discovery herein. Sixth. In consideration whereof and forasmuch as the complain- ant is remediless in the premises by the direct and strict rules of the common law and cannot have adequate relief therein save in a court of equity where matters of this and the liker nature are properly cognizable and relievable; Seventh. To the end, therefore, that said respondents may full, true, direct and perfect answer make to all and singular the matters 448 EQUITY FORMS and charges aforesaid and that the said respondents more espe- cially may set forth and discover: (1) What paints, oils or varnishes which were at any time be- tween the first day of May, 1907, and the first day of October, 1907, in the possession of, or which between the said dates were the prop- erty of said H. R. Company, have in any manner come into respond- ent corporation's hands, together with a statement of the color, kind, quantity and approximate market value of each item at the time when the same came into his hands. (2) The names and addresses of the agents of said respondent corporation who directed the taking, of those who actually took and carried away the said articles, and of those in whose custody the said articles have been at any time since, or in whose custody they are at the present time. (3) The time at, place or places from and manner in which the said articles were taken and carried away. (4) The places where such of said articles as still remain in re- spondent corporation's possession are kept, and the manner in which, and the consideration for which such of said articles as no longer remain in said respondent's possession were by it disposed of. And that the complainant may have such other and further relief in the premises as to this Honorable Court may seem meet and to justice and equity appertain. {Prayer for process.) Pro SB ipso. BHODE ISLAND Form Ko 312 1 PETITION UNDEB STATUTE i FOR CHANaE OF INVESTMENT UNDEE CHAEITABLE TRUST {Title and Address.) Respectfully represents the Parish of the Church of a corporation organized under and according to the provisions of an . act, entitled "An Act for the Incorporation of Parishes," passed by the General Assembly at the January Session, A. D. 1883, and located in the City of Providence in said State. 1. That S. H., late of Seekonk in the State of Massachusetts, deceased, conveyed to the "Trustees of the Church of in Providence," a corporation legally Incorporated and established by an Act of the General Assembly of the State of Rhode Island, &c., and located in the City of Providence in said State, and their suc- cessors and assigns, by deed dated May 1, A. D. 1860, and recorded in the office of the Recorder of Deeds in said City of Providence in deed book No. 155, page 483, and a duly certified copy thereof being hereunto annexed marked Petitioner's Exhibit A, the following de- scribed lot of land situated in said City of Providence, for the fol- lowing specified use or purpose, viz. : (Beseription.) 2. That thereafter in or about the year 1861 there was con- structed and erected on said lot a Rectory for the use and occupa- iChap. 259, Sec. 11, General Laws of Ehoae Island (1909). BILLS TO ENFORCE LIENS 449 tion of the Rector of the Church of and the came for many years has been and is now used and occupied by the Rector for the time being of said Church. 3. That said corporation, Trustees of the Church of In Providence, by deed dated December 24, 1885, and recorded in said Recorder's office in deed book No. 330, page 475, and a duly certified copy thereof being hereunto annexed marked Petitioner's Exhibit B, conveyed said lot of land with the rectory and other improvements thereon to said Parish of the Church of and in and by said deed also conveyed to the same a certain other lot of land with the church edifice thereon situated on the easterly side of North Main Street in said City. Said deed contained and created a trust and condition expressed therein as follows: "To have and to hold the said granted premises to the use of the said Parish of the Church of its successors and assigns, forever but upon trust that said Church edifice and lot shall be forever held and maintained as the Parish Church of said Parish of the Church of as a free church for the worship of Almighty God according to the rites and ceremonies, discipline and doctrine of the Protestant Episcopal Church in the United States of America and in union with the Convention of said Church in the Diocese of Rhode Island. "And this deed is upon condition that whenever the said Parish of the Church of , its successors and assigns, shall cease or fail so to maintain the said Church edifice and lot as and for a Free Episcopal Church as aforesaid or shall make or suffer to be made any breach of the trust above expressed then the estate of this grantee the said Parish in the afore-granted premises and of Its successors and assigns shall cease and determine and said premises shall revert to this grantor, its successors and assigns." 4. That said Parish of the Church of now holds said lot of land first herein mentioned and given by said S. H. for a rectory for said Church for the use and occupation of the Rector of said Church, and subject to said trust and said condition expressed in said deed to said Parish, if said trust and said condition apply to said Rectory lot. 5. That said Rectory and the appurtenant structures on said lot are now all old and out of repair, and on account of the long time that has elapsed since their erection the preservation thereof has become more and more expensive, and it would now cost a large sum of money and in amount equal to a large percentage of the entire value thereof to put the same in proper condition and repair for use as such Rectory, and even if repaired at very large expense the same would be illy adapted for use as such Rectory unless alterations and improvements were made at further large expense. And further that said lot of land, by reason of change in its sur- roundings and its remoteness from the places of residence of the present members of said Church, is not now a desirable location for a Rectory for the use of the Rector of said Church. 450 EQUITY FORMS 6. That a sale of said land, with the buildings and improve- ments thereon, is now expedient and desirable for the best interest of the trust created by said deed first herein mentioned, and that if a sale thereof is authorized and made, said Corporation will hold and apply the net proceeds thereof to or towards defraying the cost of purchasing a lot of land with a dwelling house thereon for a rectory, or of purchasing a lot of land and erecting thereon a rectory, for such use and occupation, to be held by said Corporation therefor and in accordance with the terms of said deed first herein mentioned. 7. That said deed first herein mentioned does not prohibit the sale of said real estate. 8. That said corporation, said Trustees of the Church of In Providence, and said corporation, said Parish of the Church of , have agreed that the former will in any deed and con- veyance of said rectory real estate made by the latter join to release any and all its rights, title and interest therein under said trust and said condition contained in its said deed to secid Parish corporation, and that the latter will apply the net proceeds of the sale of said present rectory estate to or towards the cost of acquiring, within a reasonable time after such sale, a new rectory estate, and will hold any real estate acquired for it for such rectory for such use and occupation and subject to the same trusts and conditions as now per- tain to said present rectory estate under said deed, a copy of said agreement being hereunto annexed marked Petitioner's Exhibit C. 9. That in Section 6 of said "Act for the Incorporation of Par- ishes" it is provided "that no corporation organized under this act shall have power to sell or mortgage its real estate without consent of the standing committee of the diocese," and the Standing Commit- tee of the Protestant Episcopal Church for the diocese of Rhode Island has consented to the sale of said rectory estate, a copy of the instrument of such consent being hereunto annexed marked Peti- tioner's Exhibit D. "WHEREFORE your petitioner prays that it may be authorized by decree of this Honorable Court to make sale of said lot of land, with the buildings and improvements thereon, either at public auc- tion or private sale, for a sum not less than Four Thousand Dollars; and that by decree herein said corporation may be authorized to make a deed and conveyance of the same to the purchaser or pur- chasers thereof, and authorized and directed to use and apply within a reasonable time after such sale the proceeds of such sale, less the expense of such sale and conveyance and of this suit, to or towards acquiring or defraying the cost of purchasing a lot of land with a dwelling house thereon for a rectory or of purchasing a lot of land and erecting thereon a rectory in said City, for said use and occupa- tion, to be held by said corporation therefor and in accordance with the terms of said deed first herein mentioned and subject to the same trusts and conditions as now pertain to said present rectory estate under said deed secondly herein mentioned; and pending such application to deposit such net proceeds in any savings bank, insti- tution for savings, national bank or trust company in this State on Interest or participation account, and to apply all the income derived BILLS TO ENFORCE LIENS 451 herefrom towards such cost, and that said Corporation may have such other or further relief in the premises as to this Honorable Court shall seem meet. Parish of the Church of , By its Treasurer, K. M. B. & S. Solicitors for Petitioner. {Verification.) CHAPTER XX BILLS OF INTERPLEADER DELAWARE See bill for construction of will, Form No. 265, ante, p. 355. ILLINOIS 1 Form No. 313 BILL OF INTEEPLEADEE IN EESPECT TO SUM DUE UNDEE BUILDING CONTEACT {Title and Commencement.) 1. On the day of 19. ., your orator and the de- fendant, A. B., entered into a contract by which the said A. B. agreed to do the marble and mosaic 'work of the I. T. Bank, a building then being erected in the city of Chicago, for the sum of $ , a copy of which contract is hereto attached and marked "Exhibit A," and made a part of this bill. The said A. B. did the work and furnished the materials provided for in and by said contract. Your orator has paid the said A. B. in pursuance of said contract the following sums, upon the following dates, to-wit: (giving list). and there is still due and owing under said contract the sum of I 2. The said A. B. claims that he is entitled to recover of your orator said amount, and threatens to bring suit unless the same is paid. 3. On the day of 19 . ., the defendant, C. D., made known and claimed, and still insists and claims that he is entitled to recover of your orator the balance due under the aforesaid contract, and that the entire sum yet due has been assigned by the said A. B. to the said C. D. The said C. D. has commenced an action at law in the name of A. B. for the said C. D.'s use, against your orator, in the Circuit Court of Cook county, to recover the balance from your orator under the afore- said contract; said suit is still pending in said Circuit Court and is No 4. The said C. D. claims that he is entitled to a mechanic's lien upon the premises described in said contract entered into between your orator and the said A. B. for whatever sum yet remains due from your orator to the said A. B., and a petition for a mechanic's Hen brought by said C. D. is now pending in said Circuit Court, being No I From the bill filed In Northwestern University vs. Mueller. 195 111. 236. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 452 BILLS OF INTERPLEADER 453 5. On the 13th day of August, 19... defendant, G. H., made known and claimed and still insists and claims that he is entitled to recover the amount due from your orator, under the aforesaid contract entered into between your orator and the said A. B., by reason of an assign- ment to him by the said A. B.; and the said G. H. threatens to begin suit against your orator unless it pays to him the amount so due. 6. Your orator has always been willing to pay the amount so due under its contract with the said A. B. to such person or persons as should be lawfully entitled to receive the same, and to whom it could pay the same in safety, and it hereby offers to bring the same into Court, as the Court shall direct. 7. Your orator does not in any respect collude with any of the said defendants touching the matter in controversy in this case, nor is it in any manner indemnifled by the defendants, or any of them, nor has it exhibited this its bill of interpleader at the request of the defendants, or any of them, but merely of its own free will, and to avoid being molested, vexed and harassed touching the matters con- tained herein. Forasmuch, therefore, as your orator is without remedy except in a court of equity, and to the end that 1. (Prayer for answer.) 2. That the defendants may severally set forth to which of them the said sum of $ does of right belong and is payable, and how, in particular, they make out their claims thereto. 3. That the defendants may interplead and settle and adjust their said demands between themselves, your orator being willing and desirous, and agreeing that the said sum may be paid to such of them to whom the same shall, in the judgment of the Court, of right belong, and that your orator may be at liberty to bring and pay the said sum of ? unto this Honorable Court, which your orator hereby offers to do, for the benefit of such of the defendants who shall appear to be entitled thereto, and subject to the further order of the Court. 4. That the defendant, C. D., may be restrained by the injunction of this Court from proceeding against your orator in the said action of law aforesaid, commenced by him and also from proceeding against your orator with the petition for a mechanic's lien aforesaid. 5. That all of the defendants may be restrained from commencing any action or actions against your orator for the recovery of the said sum of f or touching any matters or things aforesaid. (Add prayers for general relief, for process and for injunction.) (Affidavit.) State of Illinois, County of Cook. X. T., being first duly sworn, deposes and says that he is the duly authorized agent for and on behalf of N. W., the complainant In the foregoing bill; that he has read said bill and is familiar with the facts therein stated, and knows that said bill of Interpleader is exhibited against the defendants, A. B., C. D. and G. H., named in the foregoing bill, without any fraud or collusion between said complainant and said defendants, and that said bill is not exhibited at the request of the said defendants, or any of them. And further states that the said 454 EQUITY FORMS bill is exhibited with no other intent but to avoid being further sued or molested by said defendants, who are proceeding, or threaten to pro- ceed, at law for the recovery of the funds mentioned in said bill. X. Y. Subscribed and sworn to before me this day of , 19... M. N., (SeaZ) Notary Public. MAINE 2 Form No. 314 BILL OF INTEBFLEACEB IN RESPECT TO SAVINGS BANE DEPOSIT (Title and Commencement.) 1. The plaintiff is a corporation duly established by law as a sav- ings institution and Is located at B. in the state of Maine. 2. One B. T. C, of said B., deposited In said bank, and intrusted to its care and keeping for said purposes, at divers times during his lifetime, various sums of money, amounting with accrued interest, on April 15, 19.., to the sum of two thousand and thirty-five dollars ($2,035), and a depositor's book numbered was issued there- for to said B. T. C. in the usual form. 3. On said April 15, 19 . . , at the written request of the said B. T. C., made in accordance with the by-laws and regulations of said bank, said account thus standing in the name of said B. T. C, was closed and thereupon transferred and assigned to the defendant, M. S. C, in due form of law. Said M. S. C. received a depositor's book numbered and now claims to be sole owner and holder of said depositor's book and the moneys due thereon. Said sum of two thousand and thirty-five dollars ($2,035) still remains credited on the books of said bank to the account of said M. S. C, no part thereof having been with- drawn by her; and she still has possession of the depositor's book so issued to her as aforesaid. 4. Said B. T. C. died May 17, 19.., and defendant, G. A. C, has been duly appointed and qualified as the administrator of his goods and estate, has entered upon the discharge of his duties, and still holds said trust. 5. Since the death of said B. T. C, and since his appointment and qualification as administrator aforesaid, said G. A. C. claims that all the money now deposited with said bank as aforesaid, to-wit, the sum of dollars, was a part of the estate of said B. T. C, and that said sum now belongs to him as administrator of the estate of said B. T. C. 6. Since April 15, 19 . . , said M. S. C. has claimed, and still claims that said deposit belongs wholly to her, and forms no part of the estate of said B. T. C, and therefore has directed the plaintiff to pay over no part of the same to any other person than herself. 7. The said G. A. C. has brought suit against the plaintiff for the 2 The above form, although obtained from the practice of Maine, is available for use in general chancery practice. BILLS OF INTERPLEADER 455 amount of said deposit In the Supreme Judicial Court for the county of Androscoggin by writ dated September 12, 19.., which suit is now pending in this Court, and the said M. S. C. threatens and is imme- diately about to Institute another suit against the plaintiff to enforce her said claim to said deposit. 8. The plaintiff has no interest in, and makes no claim to said money, or any part thereof, but holds the same in trust for the proper and legal owner or owners thereof, and is wholly indifferent as between said claimants; is ignorant as to who is the true and legal owner Of said money; and is in doubt as to the person or persons to whom the same rightfully belongs, and cannot with safety pay said sum to either of said claimants without the direction of this Court. 9. The plaintiff is ready and willing, and hereby offers to bring said sum now deposited with it into Court for the benefit of the rightful claimant thereof. Wherefore the plaintiff prays: 1. That said defendants may be decreed to interplead touching their said several claims, and to set forth and discover what right or title they severally have in and to the property aforesaid, and how they severally acquired or derived the same, and to adjust and settle their demands between themselves. 2. That the said defendants, their agents, attorneys and assigns may be enjoined and restrained from Instituting or further prosecuting any action at, law or in equity against your complainant for the re- covery of said property, or otherwise proceeding against the plaintiff touching the matter aforesaid. (Add prayers for general relief, for proceiss, and for injunction.) (Verification.) (Affidavit Denying Collusion.) I, J. S., treasurer of said P. Savings Bank, make oath and say: That, to the best of my knowledge and belief, said bank does not In any respect collude with either of said defendants touching the matter in question in the above entitled bill, but brings said bill of its own free will in order to obtain relief in this Court. J. S., Treasurer. STATE OF MAINE Cumberland, ss. 19 . . . Subscribed and sworn to this day, before me, X. Y., Justice of the Peace. MARYLAND 3 Form No. 315 BILL OF INTEKPLEADEB IN RESPECT TO BANK DEPOSIT (Title and Commencement.) 1. On the day of 19. ., a money deposit account. No , was opened with the plaintiff bank in the name of Cigar- 3 The above form, although obtained from the practice of Maryland, is available for use in general chancery practice. 456 EQUITY FORMS Makers' Union, "Subject to the order of the president, financial secre- tary and treasurer, or any two of them," and a deposit book was given therefor, bearing the number of said account, in which debits and credits have been from time to time made, and there now stands to the credit of said account the sum of $2,000. 2. Both T. C. and H. S. claim to be president, S. J. and K L. R. to be financial secretary, and G. F. and T. M. D. to be treasurer of said Cigarmakers' Union. 3. The said T. C, S. J. and G. F. have demanded and claim that the amount to the credit of said deposit account shall be paid to their order, or the order of any two of them in their above mentioned respective official capacities^ and the said H. S., E. L. R. and T. M. D. likewise have demanded and claim that the same shall be paid to their order, or the order of any two of them in their above mentioned re- spective official capacities. 4. Tour orator is imable to decide between the aforesaid conflicting claimants, and while ready and anxious to pay or hold the amount appearing on the books of your orator to the credit of said deposit ac- count, to or for the use of the true owner or owners, it cannot safely make any payments on account thereof, or recognize either of said con- flicting claims until the questions involved therein are settled author- itatively by some Court of competent jurisdiction. 5. The said T. C, C. J. and G. F., In their aforesaid respective capacities of president, financial secretary and treasurer of said Cigar- makers' Union, by W. P. W., their attorney, have already instituted suit In the Court of Common Pleas of Baltimore city against your orator for the recovery of said deposits, and it is apprehensive of a like suit on the part of the aforesaid adverse claimants thereof. 6. Your orator has no claim or interest whatever in said deposits, and desires and tenders to pay the amount of the same into this Court, under this proceeding. To the end, therefore, 1. That the said T. C, S. J. and G. F., on the one part, and the said H. S., E. L. R. and T. M. D., on the other part, may interplead and adjust their said several demands and claims between themselves,- your orator being willing and desirous that the sum appearing on its books to the credit of the account above mentioned should be paid to such of the defendants as shall be entitled thereto. 2. That In the meantime, the said T. C, S. J. and G. F., and the said H. S., E. L. R. and T. M. D., their counsel, solicitors, agents and attorneys may be restrained by the order and injunction of this Honor- able Court from prosecuting or commencing any action or actions at law against your orator for or in respect of the several matters afore- said. {A.dd prayers for general relief and for process.) (Affldavit.) State of Maryland, ) . ,. T, w. V,.^ Uo-wlt: Baltimore City, t I hereby certify that on this day of in the year BILLS OP INTERPLEADER 457 nineteen hundred and , before me, the subscriber, a Justice ol the Peace of the state of Maryland, in and for Baltimore city aforesaid, personally appeared W. F. B., president of the Savings Bank of Baltimore, and made oath on the Holy Bvangely of Almighty God that the matters stated in the foregoing bill are true to the best of his knowledge and belief, and that said bill is not filed by the plaintifi in collusion with any or either of the defendants in the said bill named, but such bill Is filed by the plaintiff of its own accord, for relief In this Honorable Court. X. Y. MASSACHUSETTS * Form No. 316 BILL OF INTEBPLEADEB IK BESPECT TO SHABES OF STOCK (Title and Commencement.) 1. On the fifteenth day of June, A. D. 19. ., the plaintiff corporation issued to the defendant, P., a certificate of said date numbered 3, show- ing him to be entitled to and the owner of fifty shares of the capital stock of said corporation which certificate is still outstanding and uncancelled. 2. The defendant, the A. Savings Bank, by writing dated September 26, 19 . . , addressed to the plaintiff and signed by said defendant's at- torney claims to be the owner of said fifty shares of the capital stock of the plaintiff corporation and demands a certificate therfeof, offering to pay all fees therefor, but not offering to surrender the certificate issued to defendant. P., still outstanding. 3. The defendant, B., by writing dated 19.., addressed to the plaintiff and signed by said defendant's attorney, claims to be the owner of said fifty shares of the capital stock of the plaintiff cor- poration, offers to surrender the certificate issued to defendant. P., still outstanding, and demands an issue of a new certificate thereof to her forthwith. 4. The defendant. P., claims no interest in said stock or certificate save such as are subject to the claims of the other defendants. 5. The plaintiff has no interest in the subject matter, to-wit, the ownership of said stock and is desirous and ready to issue a new cer- tificate to the owner thereof. Wherefore the plaintiff prays that the defendants may be ordered to interplead as to their several rights as to said stock or certificate, that until a final hearing upon this bill each of them may be enjoined from bringing any action at law or in equity against it or any of its ofllcers on account of the matters herein alleged or referred to and that it may be allowed its costs and expenses including counsel fee. (Affidavit denying collusion should lie added.) 4 The above form, although obtained from the practice of Massa- chusetts, is available for use in general chancery practice. 458 EQUITY FORMS ItnCHIGAN s Form No. 317 BILL OF IKTEBFLEADER IN BESPECT TO SUM DUE FOB PUB- CHASE PRICE OF CHATTELS (Title and Commencement.) 1. On or about the day of , A. D. 19. ., your orator purchased of one J. B., of (state what article or personal property was purchased) then in the possession of the said J. B., for which your orator promised to pay to the said J. B. the sum of dollars in days from the time of such purchase, and at the time of such purchase the said J. B. represented and still insists that he was the owner of the said property in his own right, and had good right to sell the same to your orator, and that he is entitled to receive the said sum of dollars, the purchase price thereof, from your orator. 2. After the said purchase and before the expiration of the said days thereafter, and on or about the day of A. D. 19 . . , one E. F., of , applied to your orator and made claim and still insists and claims, that at the time of such sale, to and purchase by your orator, the said E. F. was the real owner of the said property, and that the said J. B. was not the owner thereof as he pretended to your orator, but was merely the agent of the said B. F. in making such sale, and that the said E. F. is solely entitled to receive the said sum of dollars, the purchase price of the said prop- erty as aforesaid, and that the said J. B. is not entitled thereto, and the said B. F. then notified your orator not to pay the said purchase price or any part thereof to the said J. B. (if the notice was in writing add, which notice was in writing and is as follows: (In»ert notice) as by said notice when produced and proved will fully appear). 3. The said B. F. has commenced (or threatens to commence) a suit at law for the purchase money of said article (or whatever the prop- erty m,ay he), against your orator in the Circuit Court for the county of (if actually commenced add, as by the records and liles of the said Court, reference being thereto had, will fully appear) to recover the amount of the said purchase money due on the said property. 4. Your orator has always been, and still is, ready and willing to pay the full amount of the said purchase money to such person or per- sons as should be lawfully entitled to receive the same and to whom he could pay the same in safety, and he hereby offers to bring the same into Court here, as this Court shall direct, but your orator avers that he cannot now safely pay the same or any part thereof to the said E. F., nor to the said J. B. 5. Your orator positively avers that he does not collude with either the said J. B. or the said E. F., the defendants hereto, touching the matters in controversy in this cause, and that he is not in any manner indemnified by the said defendants or either of them, and that this bill is not filed in collusion with, nor at the instance of, either of the s The above form, although obtained from the practice of Michigan, is available for use in general chancery practice. BILLS OF INTERPLEADER 459 said defendants, but merely of your orator's own free will and accord for his own relief in this Honorable Court, in the matters and upon the case above stated and set forth, and with no other intent but to avoid being vexed, harassed and molested by the said defendants, who are proceeding or threatening to proceed, at law, for the recovery of the said purchase money as hereinbefore stated. Your orator therefore prays: I. (Prayer for answer.) II. That the said defendants may severally set forth to which of them the said sum of dollars, the purchase money aforesaid, does of right belong and is payable, and may set forth how in par- ticular they respectively make out their several claims thereto. III. That the said defendants may interplead and settle and adjust their said several claims and demands thereto between themselves, your orator being willing and desirous and agreeing that the said sum may be paid to which one of them to whom the same shall of right belong. IV. Your orator brings into Court here the said sum of dollars, the purchase money aforesaid, to be deposited with the Register of this Court, subject to the order of this Court, to be paid to such of the said defendants as shall be found to be entitled thereto, and prays that he may be discharged of and from all liability to the said defend* ants or to either of them on account thereof. V. That the defendant, E. F., may be restrained by the order and injunction of this Court from further prosecuting his said action at law against your orator, and that both the said defendants be in like man- ner restrained from commencing any action, suit or proceeding at law in relation to the said purchase money, and that they be so restrained in the meantime during the pendency of this suit. (Add prayer for general relief.) (Verification.) NEW HAMPSHIRE « Form No. 318 BILL OP INTEEPLEADEE IN RESPECT TO DIVIDENDS DUE ON SHARES OF STOCK (Title and Commencement.) 1. By the plaintiff's books it appears that there are four hundred and thirty-five shares of its capital stock standing in the name of P. H. P., trustee, said shares being represented by certificate No. 329; that said stock has been standing in said name of F. H. P. since 18 . . ; that the plaintiff paid dividends due and payable upon said stock to said F. H. P., up to and including the dividend which became payable on the first day of February, 19. .. 2. At some time prior to February 1, 19. ., the date when the next dividend was due and payable, the plaintiff was notified by the defend- ant, A. W., that said stock belonged to the estate of E. G. W., and was also notified not to pay any dividends upon said stock to any person 6 The above form, although obtained from the practice of New Hampshire, is available for use in general chancery practice. 460 EQUITY FORMS except the representatives of said estate; the dividend due on said four hundred and thirty-flve shares of stock due and payable on said first day of February, 19 . . , was not paid by the plaintiff to any per- son; dividends upon said stock have been declared and payable on the 'first day of February, 19.., and the first day of February, 19.., and have not been paid to any person, and said dividends amounting to the sum of $3,915 now remain in the treasury of the plaintiff for the benefit of the person or persons entitled to said dividends. 3. On the twenty -seventh day of January, 19. ., the plaintiff received a formal demand from said P. H. P. for the dividends payable on the first day of February, 19.., the first day of February, 19.., and the first day of February, 19 . . , amounting in all to said sum of $3,915. 4. The plaintiff has no interest in the subject matter of this bill; it is in doubt as to which of said claimants is entitled to said divi- dends, and it is advised that the defendants ought to interplead to- gether concerning their respective rights to said dividends, that the plaintiff may know to whom they should be paid. Wherefore the plaintiff prays that the said F. H. P. and the said A. W. and S. W., executors as aforesaid, may be decreed to interplead and adjust the said several claims and demands between themselves, the plaintiff hereby offering to pay the dividends aforesaid to such of them as the same shall appear of right to belong on being indemnified or as the Court shall direct; that the Court may determine the respective rights of the defendants and make such orders and decrees in the premises as may be necessary to protect the plaintiff; and for such other relief as may be jusi. (Affldavit.) State of New Hampshire, ) Merrimack, ss. j February , 19... I, C. T. P., of Concord in said county, on oath depose and say that I am treasurer of the P. B. Co., the plaintiff in the foregoing bill; that said bill is not exhibited by reason of any fraud or collusion between the said P. B. Co., and any of the other parties to said bill, but is done spontaneously and for its own security; and that the facts therein stated are true to the best of my knowledge and belief. C. T. P. Subscribed and sworn to, before me: X.T., Justice of the Peace. NEW JERSEY' Form No. 319 BILL OP INTEEPLEADEE BY FIEE mSITEANCE COMPANY (Title and Commencement.) I. On or about the day of , A. D. 19 . . , your orator issued its certain policy of insurance, signed by its president and ' The above form, although obtained from the practice of New Jersey, Is available for use In general chancery practice. BILLS OP INTERPLEADER 461 countersigned by its duly authorized agent at to one Q. W. B. for the term of one year (.summarize terms of the policy), a true copy of which policy, marked Schedule A, is hereto annexed and made a i>arj. hereof. II. On or about the day of , A. D. 19. ., the goods and chattels covered by the said policy of insurance while in the build- ing on the premises referred to in said policy of insurance were destroyed by fire. III. On or about the .... day of A. D. 19 . . , in ac- cordance with the terms and conditions of the said policy, and in com- pliance with its provision, your orator caused the loss sustained by the said G. W. B., by reason of the fire aforesaid, to be adjusted, and the said sum due on account of said policy, by reason of the said fire, was determined to be dollars. IV. On or about the day of , 19. ., as your orator is informed and believes, one W. S. H. recovered a judgment for the sum of dollars, against the said G. W. E. in the County Court of county in the state of New York. V. On or about the day of j 19. ., an execution and order was made, pursuant to the laws of the state of New York, by the County Court of county, for the examination of your, orator as a third party indebted to said E., and your orator was examined as such debtor. VI. On or about the day of , 19 . . , there was served upon your orator a certain order issued by the said County Court, bear- ing date the day of .;......, 19. ., and directing your orator to pay to the sheriff of Westchester county out of the sum of dollars alleged to be due from your orator to the said E., the sum of dollars, with interest from the date of said order, together with the fees of the officer serving the same. VII. Between the date of the making of said order and the service of the same upon your orator, there was served upon your orator a certain paper purporting to be an assignment by the said G. W. E. to one M. R., of all his right, title and interest in and to the aforesaid policy of fire insurance (give abstract of the assignment), a true copy of which said assignment so served upon your orator is hereto annexed and marked Schedule B, and made a part hereof. VIII. On or about the day of 19. ., pursuant to the laws of the state of New York, there was served upon your orator a notice of a motion to be made on behalf of the said H. for the appoint- ment of a receiver of the said E., which said notice was returnable on the day of 19 . . , before the County Court of the county of on which said day one S. B. was appointed receiver by the said County Court of all the debts, property, equitable interest, rights and things in action of the said E. IX. On the day of A. D. 19.., the said S. B., claiming to be receiver of the Said B. as aforesaid, caused to be served on your orator a copy of the order appointing him receiver as afore- said, together with notice of entry and qualification as such receiver, and a demand for the property of the said B. in the possession of your orator, a copy of which said demand, together with the order annexed' 462 EQUITY FORMS to said demand, is tiereto annexed and made a part liereof, and marked Schedules C and D. X. Tliere is no dispute, according to the best of your orator's infor- mation and belief as to the true amount to which your orator is in- debted under the said policy, to- wit: the said sum of dollars, together with interest thereon from the day of 19. .. XI. On or about the day of 19 . . , the said M. R. began an action in the Supreme Court of the state of New Jersey to recover from your orator the said sum of dollars, together with interest thereon from the said day of 19 . . , claiming to be entitled to the said sum by virtue of the said alleged assignment to her as aforesaid. That said suit is at present pending and undetermined. XII. The said G. W. E. may claim to be entitled to the entire sum of dollars so due on said policy of insurance, with interest as aforesaid, on account of the issuance of the same to him, and he may deny the title of both the said M. R. and the said S. B. to the said sum so due, or to any part thereof. XIII. Your orator is unable to determine whether said claim under said alleged assignment or said claim under said alleged appointment as a receiver is valid, or whether either of them should according to law and equity be payable by your orator to either of the said claimants or to the said G. W. E. and is unable in said suit now pending in the said New Jersey Supreme Court brought against your orator by the said M. R. to interpose such defense or defenses at law as would protect your orator from paying said debt, owing by your orator, more than once, and unless this Honorable Court shall take cognizance of the matters herein set forth, your orator is in danger of having to pay said indebtedness to more than one person or persons, and your orator has been and is unable to determine to whom, or to which of the said several parties the said sum of money belongs; and your orator fur- ther shows that it owes the said sum of dollars with interest thereon from the said day of , 19. ., to some of the persons hereinbefore set forth on account of said policy of insurance as aforesaid, and that it is and always has been ready and willing to pay the said sum of money to that person or persons as may be law- fully entitled to receive the same, and to whom your orator can pay the same with safety, and your orator hereby offers to pay the said sum into this Court; and your orator further shows that it has not in anywise colluded with any or either of the said persons who claim the said sum of money touching the matters in this cause, and that your orator has not, nor has any one in its employ been indemnified by the said persons who are herein made defendants or any or either of them, but brings this suit of its own free will for the sole purpose of avoiding being molested by the matters herein set forth. Wherefore as your orator can have adequate relief only in this Court where matters of this sort are properly cognizable; to the end that: 1. (Prayer for answer.) 2. That the said defendants may interplead and settle their right to the said sum of money so due on said policy of insurance, and that your orator may be at liberty to pay the same into this Court. BILLS OF INTERPLEADER 463 3. That the said M. R. may be enjoined and restrained from further proceeding in the suit at law so as aforesaid commenced by her against your orator, and that the said S. B. and the said G. W. E. may be enjoined and restrained from proceeding at law against your orator on account of the policy aforesaid. 4. That your orator upon payment into Court of such amount, and procuring said defendants to interplead according to the course of this Court may be decreed to be discharged from all liability to such defense in the premises, and may have all its costs therein. (Add prayers for general relief, for process, and for injunction.) (.Verification.) (Affidavit denying collusion.) PENNSYLVANIA « Foim No. 320 BILL OF INTERPLEADER IN RESPECT TO SAVINGS BANK DEPOSIT (Title and Commencement.) 1. Your orator was incorporated under an Act of Assembly of this commonwealth approved the day of , A. D. 19. . (P. L ) for the purpose of (state purposes). 2. On or about the day of A. D. 19. ., the sum of $ was deposited by a female, who entered her name in your orator's books as C. D. and received from it a pass-book, numbered in which said sum of $ was entered to her credit. 3. On or about the day of 19 . . , your orator received a notice from a person calling himself A. B. that the said C. D. is his wife and that the money as deposited by her with your orator was the proper money of him, the said A. B.; and he then and there claimed, and required that the said sum of money be paid to him. 4. Your orator caused notice to be given to the said C. D. of the claim and demand of the said A. B.; and the said C. D. appeared and denied the allegations . of the said A. B., and claimed the said money as her own exclusive property. 5. The said A. B. has brought suit against your orator for the recovery of the said sum of ? in the Court of Common Pleas No. (etc.) 6. Your orator avers that it is and has at all times been ready and willing to pay the said sum of money to whomsoever shall appear to be entitled thereto; but by reason that the said defendants persist In their adverse claims before mentioned, and that the said A. B. has actually commenced proceedings at law against your orator for the recovery of the same, your orator is advised that it cannot with safety pay the said sum of money to either of said defendants, but that the said defendants ought to interplead together touching their right to the same, in order that your orator may know to whom the said money ought to be paid. Wherefore your orator prays: 8 The above form, although obtained from the practice of Pennsyl- vania, is avaiUble for use in general chancery practice. 464 EQUITY FOETUS First. That the said defendants may be decreed to interplead to- gether; and that it may be ascertained, in such manner as the Court shall direct, to which of them the said sum of money, so deposited with your orator belongs and ought to be paid. Second. That your orator may be at liberty to pay the said sum of money, with the interest due thereon, into Court, which it hereby offers to do, for the benefit of the said party or parties as shall be entitled thereto. Third. That the said A. B. be restrained, by the order and injimction of this Honorable Court, from further prosecution of the action so com- menced by him against your orator as aforesaid; and that he and the said C. D. be, in like manner, restrained from commencing or pros- ecuting any other proceedings at law whatsoever against your orator in respect of the matters in question in this cause, or any of them. (Add prayer for general relief.) {Affidavit.) City of Philadelphia — ss: X. Y., treasurer of the G. Saving Fund Society, the plaintiff above named, being duly sworn according to law deposes and says, that to the best of his knowledge and belief, the said society does not in any respect, collude with either of the above named defendants, touching the matters in controversy in this cause, nor are they or any of them, in any manner indemnified by the said defendants, or either of them, nor have they exhibited their said bill of interpleader at the request of them or either of them, but merely of their own free will, and to avoid being further proceeded against or molested touching the matters con- tained in said bill. Sworn to (etc.) X. Y. BHODE ISLAND » Form No. 321 BILL OF INTERPLEADEE IN RESPECT TO BANK DEPOSIT (Title and Commencement.) 1. On the day of 19 . . , defendants, M. M. and M. A. H., oJ)ened an account with your orator in the regular course of its business by depositing with it the sum of seven hundred dollars to the credit and under the heading or title of M. M. or M. A. H., or the sur- vivor of them; and your orator thereupon issued its deposit or pass book therefor under the heading or title aforesaid. 2. Said deposit with the accumulation of interest thereon less the accounts withdrawn therefrom, amounts to the sum of six hundred twenty-four dollars and seventy-four cents. 9 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. BILLS OF INTERPLEADER 465 3. On 19. ., M. A. H. gave your orator a written notice that she claimed a part of said deposit and objected to your orator paying any part thereof to M. M. until their respective interests therein were determined; but said M. M. claims the whole of said deposit and has begun suit for the same against your orator on the law side of this Court by her writ returnable to this Court , 19. .. 4. Your orator is ready and desirous and hereby offers to pay said sum of money or such part thereof as the Court may direct to whomso- ever is entitled to receive the same upon the surrender to it of its said deposit book issued for the same but under the opposite and conflicting claims of said parties is unable to ascertain to which of said parties the same justly and of right belongs and is liable to be harassed on account of the same and cannot safely pay the same without the aid of this Honorable Court. Wherefore and inasmuch as your orator can have adequate relief only in a court of equity: To the end, therefore, 1. {Prayer for answer.) 2. That they may set forth their respective claims to said deposit and may disclose which of them holds said deposit book and may be required to interplead and adjust between themselves their respective claims to the same. 3. That they, or whichever of them has possession of said deposit book may be ordered to produce the same and file the sam.e with the Clerk to be impounded in this cause subject to the final order of the Court concerning it. 4. That each of said defendants may be both temporarily and per- petually enjoined from further prosecuting the action aforesaid, and from commencing, instituting or prosecuting any other action or pro- ceeding whatsoever, for, or in respect of said deposit or any part thereof or said deposit book against your orator at law or in equity, except In and through this cause. (Add prayers for general relief and for process.) (Affidavit.) I, L. B. B., on oath say that I am treasurer of said that neither said bank nor any of its ofiicers colludes or collude with either of said defendants touching the matters in question in this cause nor is said bank in any manner Indemnified by eaid respondents or by either ot them; nor has said bank exhibited its said bill of Interpleader at the request of them, or either of them, but merely of its own accord and to avoid being sued or molested touching the matters contained in its said bill and that the statements contained in said bill are true to the best of my knowledge, information and belief. L. B. B. Subscribed and sworn to before me by the said L. B. B. at Provi- dence, this day of , 19. .. A. B., Notary Public. 466 EQUITY FORMS TENNESSEE i" Form No. 322 BILL OF INTERPLEADER IN RESPECT TO SUM DUE ON A PROMISSORY NOTE (From Hicks' Tennessee Chancery Practice.} (Title and Commencement.) 1. About the day of , 19. ., the plaintiff purchased of defendant, W. W., certain personal property (description) for which he agreed to pay said W. the sum of dollars, for which plain- tiff executed his promissory note to said W. payable at thirty days. 2. Sometime thereafter, to- wit, about the day of , 19. ., the defendant, T. M., sued out an attachment against one D. J., as an absconding debtor; and said attachment having come to the hands of J. C, sheriff of said county, he summoned plaintiff as garnishee and gave notice to plaintiff not to pay any debt due or afterwards to become due to said D. J., and to retain possession of all the property of the said D. J. which then was or might afterwards be in his custody or under his control, to answer the garnishment; and the said sheriff and W. T., the attorney for said T. M., apprised said plaintiff that the per- sonal property above described was the property of said D. J., for whom the said W. was only an agent or factor, and gave notice to the plain- tiff that he would be held liable if he paid the purchase money for said property to said W. \ 3. The plaintiff made application to said T. M. for leave to pay over the purchase money for said property to the said W. without subject- ing himself to responsibility therefor, to said T. M., which was refused; and plaintiff also applied to said W. to secure plaintiff against the effect of said attachment and from any further responsibility in the prem- ises, but the said W. has wholly refused so to do, and has commenced an action at law in the Court to recover said purchase money agreed upon as the price of said property; and plaintiff has always been ready and willing to pay said money to such person as should be lawfully entitled to receive the same, and to whom he could pay the same with safety; and he hereby offers to pay the same into this Honorable Court. 4. The plaintiff does not in any respect collude with either the said W. W. or the said T. M., touching the matter in question; he has not exhibited this bill at the request of either of them, and has not been indemnified by said defendants or either of them, but brings this bill of his own free will and to avoid being molested and injured concern- ing the matter contained in said bill. The plaintiff, therefore, prays: 1. (Prayer for process.) 2. (Prayer for answer.) 3. That said defendants be requested to interplead and settle their rights to said sum of money, and that plaintiff may be at liberty to pay the same into Court. 4. That said W. W. be perpetually enjoined from further proceeding 10 The above form, although obtained from the practice of Tennessee, Is available for use in general chancery practice. BILLS OF INTERPLEADER 467 in said suit at law, and tliat said T. M. be also perpetually enjoined from commencing any suit against the plaintifi toucliing the premises, and that an injunction in the meantime issue to restrain said W. and said M. as above prayed, till the final hearing of the cause. 5. That plaintiff, upon payment of said sum of money into Court, and procuring the said defendants to interplead, according to the course of this Honorable Court, may be decreed to be discharged from all liability to said defendants in the premises and may have all his costs therein. 6. (Prayer for general relief.) Plaintiff further shows that this is the first application for an injunction in this cause. E. F., Solicitor for Plaintiff. (Affldavit.) F. F. makes oath that the statements in the foregoing bill made as of his own knowledge are true, and those made as on information and belief he believes to be true ; and that there is no collusion between him and either of the defendants. J. J. Subscribed and sworn to, etc. WEST VIRGINIA " Form No. 323 BILL OF INTEEPLEADER IN EESPECT TO SUM DUE FROM VENDEE OF REAL ESTATE (Title and Commencement.) The plaintiff respectfully represents: 1. U. B. K., father of the defendant, J. W. K., died seized of a large estate, leaving a will which was duly proved and ordered to be recorded by the County Court of said county on the 16th day of January, 18 . . , by which will he devised to his son, the said J. W. K., all of his real property with the condition that if the said J. W. K. sell the land thus devised to him, there should remain in the hands of the purchaser, as a lien upon said land, the sum of $2,500 for the sole use and support of the said J. W. K. during his natural life, and the said U. B. K., in said will appointed his executor, W. G. B., deceased, or his successor, who has never been appointed, as a trustee to collect the interest accruing on the said $2,500 in the hands of the said purchaser, and to use the same for the support of the said J. W. K., but not to use any of the principal for that purpose; all of which will more fully appear from the said will, a certified copy of which is filed herewith as "Ex- hibit No. 1," and made part of this bill. 2. By deed dated April 15, 18.., the said J. W. K. conveyed to G. L. H., father of plaintiff, a large part of said land, which deed is recorded in the Clerk's office of the county and state aforesaid, in deed book (etc.). By said deed, the said G. L. H. expressly undertook the "Adapted from bill in Hoffman v. Beltzhoover (W. Va. 1913). The above form, although obtained from the practice of West Virginia, is available for use in general chancery practice. 468 EQUITY FORMS obligation to pay the interest on the said $2,500 according to the provi- sions of said will, as will more fully appear from the said deed, a certified copy of which is herewith filed as "Exhibit No. 2," and made a part of this bill. 3. The said G. L. H., on the 15th day of April, 19. ., executed a deed of trust to J. O., trustee, conveying the said land to secure the payment of the said interest as aforesaid, which deed is recorded in the office of the clerk of the County Court of the county and state aforesaid in deed book (etc.), as will more fully appear from the said deed, a certified copy of which is herewith filed as "Exhibit No. 3," and made a part of this bill. 4. The said G. L. H. died intestate, and the said land passed to the plaintiff as his heir at law. 5. The said J. W. K., on the 10th day of February, 19. ., executed a deed of trust of the said interest on the said $2,500, to the defendant, G. M. B., trustee, to secure a debt owed by him to the said B. S. P., which deed is recorded in the office of the clerk of the County Court of the county and state aforesaid, in deed book (etc.), as will more fully appear from said deed, a certified copy of which is herewith filed as "Exhibit No. 4," and made a part of this bill. Plaintiff is informed that this trust was given to secure a debt incurred in some business transaction, and not for the support of Mr. K. 6. The said G. L. H., up to the time of his death, paid the said inter- est on said $2,500 regularly as directed by the said W. G. B. or the said J. W. K., and the plaintiff has, since that time, continued to pay the same in like manner. 7. One hundred and fifty dollars of said interest was due on the 1st day of April, 19.., and the said J. W. k. notified the plaintiff not to pay it to the said G. M. B., trustee, but to pay it to him, the said J. W. K. 8. Each of the said defendants, G. M. B. and J. W. K., demand the payment thereof to himself, and threaten to bring suit therefor. The plaintiff has the money which he is ready to bring into Court, but is ignorant of the respective rights of the defendants, and can not in safety pay it to either party. Therefore the plaintiff, being in no way personally interested in said money, and not colluding with either party, prays that the Court will require the said defendants to set forth their several titles to the said interest on the said $2,500, and to interplead and settle and adjust their demands between themselves, and that the plaintiff may have such other and further relief in the premises as to equity shall seem meet. (Affidavit.) State of West Virginia, ] County of Jefferson, to- wit: ( G. W. H., the plaintiff named in the foregoing bill, being duly sworn, says that he has not exhibited his bill at the request of the said defendants or any or either of them, and that he Is not indemnified by the defendants or either of them, and says that he has exhibited for BILLS OF INTERPLEADER 469 no other intent than to avoid being sued or molested by the said de- fendants, who threaten to proceed at law against him, for the recovery of the said $150 of interest due on the said $2,500 in the above bill mentioned. G. W. H. Taken, sworn to and subscribed before me this 10th day of July, 19... J. M. D., Clerk. NEW JERSEY Form Kg. 323a buj. of intekpIiEader (Title and Address.) Humbly complaining, your orator, A. (Sheriff of the County of Es- sex), of the City of Newark, in the County of Essex and State of New Jersey, respectfully shows, that he was the Sheriff of said county from November 15th, 1911, to November 15, 1914. 1. That on August 25, 1913, there came into the hands of your orator as such Sheriff, a writ of attachment issued out of the Essex County Circuit Court, by one B., plaintiff against one C, a non-resi- dent debtor for a debt appearing by the affidavit filed in said cause to have been $3,000, the attachment being issued for $7,000. 2. That your orator, as such Sheriff, executed the same on said day by attaching and taking into possession certain goods and chat- tels, and also by attaching the interest of the said defendant, C, un- der a certain contract then existing between the City of Newark and the said C, wherein the said C. contracted to remove garbage of said city and the said city to pay him a certain stipulated sum price there- for; that at said time there was due the said C. under said contract from the said city the sum of $15,400.61, and the City Auditor turned over to your orator as such Sheriff, a check for said amount payable to the said C. 3. That it appears that the said C. before said attachment was issued had by writing filed in the City Auditor's office, assigned his interest in said contract to one D.; and it also appears by a condition in said contract that it was non-assignable by said C. unless the as- signment should be approved by the board of works of said city, and that it does not appear that the board of works had approved said assignment; in the meantime your orator was informed that the said D. claimed said moneys under said assignment. 4. That on September 25, 1913, the defendant in said attachment suit, the said C, gave your orator a bond as provided by statute in the sum of $7,500, conditioned for the return of said goods and chattels and check or money, in case judgment should be recovered against him by the said B., in said attachment suit, and an order was made at the same time by his Honor, , Judge of said Circuit Court, reciting the giving of said bond and directing that the said goods and chattels and the said check should be released from the said attachment by your orator, and that your orator complied with said order and turned over said goods and chattels and said check to the said C, the defendant in said suit, on September 25,1913. 5. That said attachment suit was prosecuted by and between the said B., plaintiff, and the said C, defendant, to the effect that on No- 470 EQUITY FORMS vember 9, 1914, the said plaintiff recovered judgment In the said Court against the said C, for the sum of $3,302.24 and f 80.60 costs, which judgment was appealed by the said C, to the Court of Errors and Appeals as your orator is advised, and subsequently dismissed by said Court. 6. That after said judgment was dismissed, to wit, about March 2, 1915, the said C. paid to your orator the sum of |5,000, out of which to satisfy the judgment of the said B., against him, and to satisfy the condition of said bond given by him to your orator to obtain the release of said goods and chattels and check as aforesaid, a copy of the writing accompanying the said payment being hereto annexed and referred to. 7. That on the same date, March 3, 1915, a notice was served on your orator by the said D. claiming said moneys, a copy of which notice is hereto annexed and made a part hereof. 8. That on or about March 10, 1915, a petition and order made by the Honorable Judge of Said Circuit Court, requiring your orator to show cause before said Court on March 12, 1915, why an order should not be made requiring your orator to pay the said judgment of the said B., then said to amount to |3,521.84, out of said $5,000 in his hands as aforesaid, a copy of the said petition and order are hereto annexed and made a part hereof. 9. That before said order was returnable, a suit was brought against your orator in the Supreme Court of this state by the said D., for the recovery of the said $5,000 in your orator's hands as aforesaid^ a copy of the summons and pleadings in said suit, served on your orator, are hereto annexed and made a part hereof. 10. That on the return of said rule, your orator appeared in said Circuit Court by counsel; that the attention of the Court was called to the notice on your orator by the said D., claiming said moneys and also the fact of the suit being brought against your orator by the said D. for the recovery of said moneys from him, and that her rights, if any she has, have not been adjudicated; that your orator was wholly undemnified, and further, that your orator was willing to pay said judgment to the said B., if the said B. would give your orator a bond indemnifying him against the claims of the said D., but notwith- standing the said Court made the original order absolute by a new order, dated March 12, 1915, which order has been served on your orator and payment of which judgment demanded by the said B. and your orator threatened with proceedings in contempt to enforce the said order unless complied with; that your orator offered to comply instantly with the said order if the said B. would give him a proper indemnity bond against the suit of the said D., but the said B. refused so to do. 11. That inasmuch as your orator is wholly undemnified and as suit is pending against him in the Supreme Court for the recovery of the said $5,000, by the said D., your orator js advised that he can- not safely comply with said order of the said Circuit Court unless he is properly indemnified. 12. Therefore, and as your orator can only obtain relief in this Honorable Court, where matters of this kind are particularly cogniz- able and relievable; to the end therefore, that the said B., C. and D.. BILLS OF INTERPLEADER 471 may full, true and perfect answer hereto, and that they may inter- plead and settle their rights to said money in this Honorable Court if they so desire, and that the said B. may be enjoined from enforcing the said last mentioned order of the said Circuit Court until the rights of the said D. are determined in said suit in the Supreme Court, or in this Court, and that your orator may have such other and further relief in the premises as may be agreeable to equity and good conscience; May it please your Honor to grant unto orator not only the State's •writ of injunction, issuing out of and under the seal of this Hon- orable Court, to restrain the said B. from enforcing the said order of the said Circuit Court and compelling your orator to pay said judg- ment until further order herein, but also a writ of subpoena issuing out of and under the seal of this Court, to be directed to the said B., C. and D., commanding them and each of them on a certain day and under a certain penalty therein to be inserted to be and appear in this Honorable Court and then and there to answer all and singu- lar the premises and to stand to and abide by and perform such order as to your Honor shall seem meet. (^Signature.') CHAPTER XXI SUPPLEMENTAL BILLS ILLINOIS 1 Form No. 324 SUPPLEMENTAL BILL BY ASSIGNEE (Title and Commencement as in an original HU.) Your orator, W. F. G., leave of Court having been had and obtained, files herein his supplemental bill and respectfully represents: 1. On January 20, 19. ., A. M. G., administratrix of the estate of J. E. G., deceased, exhibited her bill of complaint in this Honorable Court against J. F. N. (SumMAirize allegations and prayers in said Mil and proceedings thereon.) It was therefore ordered, adjudged and decreed by this Court that defendants pay to complainant within thirty days from the entry of said decree, the sum of ?1,200, the instalments of said annuity then due; and pay all instalments of said annuity as they thereafter should severally become due until said judgment and inter- est thereon be fully paid. 2. On October 22, 19.., for valuable consideration duly paid, said A. M. G., administratrix as aforesaid, upon an order authorizing it, on said date entered by the County Court of JIcHenry' county, Illinois, assigned to your orator the said judgment, a copy of which assignment is hereto attached marked "Exhibit A." 3. Upon the said answer of said J. F. N. and replication thereto, this case is still pending and undisposed of in this Court. Forasmuch, therefore, as your orator is without remedy in the prem- ises, except in a court of equity, and to the end that 1. (Prayer for answer.) 2. That this bill may be deemed and taken as and for a bill of supplement to the original bill herein filed; and that the prayer of said original bill may be taken as and for part of the prayer of this bill of supplement; and that your orator may have the full benefit of the said suit by said E. M. G., administratrix, and the proceedings and decree therein, and may have the same relief as said original complainant, A. M. G., administratrix, might or could have had if she had not made the assignment hereinbefore set forth. (Add prayers for general relief and for process.) 1 Adapted from bill filed in Re Qua v. Graham, 127 111. 67. The above form, although obtained from the practice of Illinois, Is available for use in general chancery practice. 472 SUPPLEMENTAL BILLS 473 MAINE 2 Form No. 325 (a) SUPPLEMENTAL BILL AGAINST TRUSTEE OF A BANKRUPT » (Title and Commencement as in an original Ml.) 1. On the fifth day of June, 19 . . , the plaintiff filed his original bill in equity in this Court against J. B., of said Portland, seeking to reach and apply personal property belonging to said B., which could not be come at to be attached or seized upon execution and praying that said B. might be ordered and decreed to assign said property to the plaintiff. 2. The said B., having been duly served with subpoena for that pur- pose appeared and filed his answer to said bill and the plaintiff there- upon filed his replication thereto and the cause was set for hearing. 3. On the tenth day of September, 19. ., and before said cause came to a hearing, said B. filed a petition in bankruptcy and upon said peti- tion has been duly found and declared a bankrupt and the defendant, B. D., has been duly chosen trustee of the estate of said bankrupt and all said estate has been duly conveyed and assigned by said bankrupt to the said E. D. as such trustee. Wherefore the plaintiff prays: 1. That he may have the full benefit of said original bill and the proceedings thereon against the said E. D. in place of said J. B. and may have the same relief against said D. as the plaintiff might or could have had against the said B. in case he had not become a bankrupt. (Add prayers for general relief and for process.) Form No. 326 (b) BILL OF REVIVOR (BEFORE DECREE) BY THE ADMINIS- TRATOR OF THE PLAINTIFF IN THE ORIGINAL SUIT * {Title and Commencement as in an original bill.) 1. On the 5th day of September, 19. ., the said H. A. filed his bill of complaint in this Court against the said G. W. as defendant thereto seeking (state object and prayer), and said W., being duly served with process, appeared and put in his answer thereto. 2. On the 10th day of December, 19 . . , the said H. A. died intestate and the plaintiff was on the 21st day of January following appointed administrator of his estate and has duly qualified as such and has thereby become and now is his legal personal representative. 3. By reason of the death of the said H. A., the said suit and pro- ceedings have become abated, and the plaintiff, as he is the personal representative of the said A., is entitled to have said suit and pro- 2 The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. 8 It Is to be remembered that under Chancery Rule 21, amendments may by the practice of this state serve the purpose of supplemental bills or bills of revivor, but must be served as such bills should be served, consequently there is in Maine now very little occasion for em- ploying supplemental bills. See Birmingham v. Lesan, 77 Me. 494, as to matters which arise after filing of bill. ■* It is to' be remembered that by Chancery Rule 21, amendments may serve the purpose of bills of revivor. 474 EQUITY FORMS ceedings revived against the said defendant, and to have the said cause put in the same state and condition as the same was in previously to the death of the said H. A. Wherefore the plaintiS prays: 1. That the said suit and proceedings which so became abated, as aforesaid, may be revived and stand in the same state and condition as the same were in at the time of the death of the said H. A. {Add prayers for general relief and for process.) MARYLAND Form No. 327 SUPPLEMENTAL OE AMENDED BILL TO ADD A PAETT s {Title and Commencement as in an original Wl.) 1. On the day of , 19. ., your orator filed his bill of compla,int in this Court against a certain A. B., of county, praying, amongst other things, for a sale of certain premises, mort- gaged by the said A. B. to your orator, as in said bill is particularly set forth, to which bill the defendant answered and other proceedings were had, as by the same proceedings, now in this Court, will appear. 2. Your orator has lately discovered, and now charges, by way of amendment {or supplement) to his aforesaid bill of complaint, that the said A. B., subsequent to the date of his aforesaid mortgage con- veyed or assigned all his remaining interest or equity of redemption in said premises to one C. D., of said county, who is, therefore, a necessary party to this suit. To the end, therefore, (1) That the said A. B. may answer this amendment. (2) That the said C. D. may answer, as well the matters charged in the original bill of complaint, as in this amended bill. {Add prayers for general relief and for process against A. B. and C. D.) MASSACHUSETTS 6 Form No. 328 SUPPLEMENTAL BILL FOE EELIEF IN EESPECT TO FACTS 00- CUBEING SUBSEQUENT TO FILING OF OEIGINAL BILL {Title and Commencement as in an original t>ill.) 1. Under the decree entered in said cause, the plaintiff is permitted to apply to the Court for such further orders and decrees as may be necessary. 2. On the 26th day of October, 19. ., the defendants, M. J. L., C. H. L. and H. R. M., executed to the C. A. Savings Bank, a corporation duly established by law at G., in said county, a mortgage deed of the said premises (now ordered by the Court to be conveyed to the plaintiff by the said defendant), together with five other parcels of land for the sum of 115,000. 5 The above form, although obtained from the practice of Maryland, is available for use in general chancery practice. 6 The above form, although obtained from the practice of Massa- chusetts, is available for use in general chancery practice. SUPPLEMENTAL BILLS 475 3. Said C. A. Savings Bank, its agents and attorneys had notice that said premises were claimed by the plaintiff as his own and also of the circumstances, whereby his title to the same was afterwards estab- lished in equity as appears in said decree. 4. The plaintiff is informed and believes that the said mortgagee has other security for the repayment of the said sums in addition to said mortgage, upon said parcels of land and further that since the 26th day of October, 19.., certain large sums of money to an amiount unknown to the plaintiff have been paid on account of the principal of said mortgage note. 5. A certain portion of the land described in said bill of complaint claimed by the plaintiff and ordered by a decree of this Honorable Court to be conveyed to him by the defendants was, on or about the 22d day of June, A. D. 19. ., taken by the city of G., a municipal cor- poration duly established by law, for the purpose of widening Main street in said city and the sum of ?839 was awarded to the owner or owners thereof as compensation for damages sustained by reason of the laying out and widening of said Main street. After said land was entered upon and possession taken the plaintiff gave notice to said city of G. that he was the owner of said land and claimed the damages awarded for taking the same, said notice being as follows: (.Oive copy of notice.) 6. M. J. L., C. H. L. and H. R. M., being the same parties who are defendants in the bill of complaint claimed said sum of |833 and in- terest thereon, and have brought suit therefor against the said city of G., the writ being dated February 24, 19 . . , and returned to this Court on the first Monday of April, 19. .. Said action is now pending before this Honorable Court and is numbered on the docket thereof, and the plaintiff has received notice from said city of G. to come into Court and defend the said action. 7. The plaintiff is in equity the owner of said land, a portion of which has been taken as aforesaid by the said city of G. and convey- ance to him has been ordered by a decree of this Honorable Court to be made by said M. J. L. et at, and the plaintiff also says that he is the owner of the claim against the said city of G. for damages for taking said land and that the said sum of $833 awarded as damages and inter- est thereon from July 9, 19 . . , should be paid to him. Wherefore the plaintiff prays: 1. That the said C. A. Savings Bank and the city of G. may be made parties defendant to this bill of complaint. 2. That the said defendant mortgagee may be ordered and decreed to execute and deliver to plaintiff a good and sufficient deed discharg- ing said premises ordered to be conveyed to the plaintiff from all liability under said mortgage deed; or in case it shall be found by the Court that the said defendant mortgagee above named, had not knowl- edge or notice of said equitable claim on the part of the plaintiff, the plaintiff prays as follows: (a) That an accounting for the benefit of the plaintiff may be had between the said mortgagor and the said mortgagee on account of said mortgages; that it may be determined what amounts are due upon the principal and interest of said mortgage note and whether default has occurred in the fulfilment of the conditions of said mortgage deed; that 476 EQUITY FORMS it may be found and stated whether said mortgagee had additional security-for the repayment of said sums of money; that the value of said premises and of the five other parcels of land included in said mortgage deeds may be stated and that all other transactions and deal- ings between said parties in any way touching or relating to said mort- gage deed, or the amount due thereunder, may be fully examined and stated by the Court or under its direction; to the end that the facts regarding the alleged said encumbrance upon said premises may be found and stated before the plaintiff is obliged to make a final election of his remedy in the premises. 3. That the said M. J. L. et al. may be enjoined by this Honorable Court from prosecuting said action at law against said city of G.; that the said M. J. L. et al. may be ordered to assign, transfer and set over all their right, title and interest whatever the same may be in the said claim against said city of G., or in the sum awarded as damages there- for; and that the said city of G. be ordered to pay the said sum awarded as damages to the plaintiff together with interest thereon. 4. That the said C. A. Savings Bank may be enjoined from pro- ceeding to foreclose said mortgage under the power therein contained until the matters herein alleged are determined by the Court. {Add prayer for general relief.) MICHIGAN 7 Form No. 329 SUPPLEMENTAL BILL TO ENJOIN SXHT AT LAW BROUGHT BY DEFENDANT SUBSEQUENT TO FILING OF ORIGINAL BILL (Title and Commencement as in an original bill.) 1. On the day of , A. D. 19. ., your orator exhibited his bill of complaint in this Court against one J. B. as defendant, pray- ing that the said J. B. might be decreed specifically to perform his con- tract with your orator to convey to your orator certain lands, tene- ments and hereditaments with the appurtenances in the said bill men- tioned, your orator being ready and willing and offering to do every- thing on his part to be done and performed by him in accordance with the said contract, and the said J. B. afterwards on the day of , A. D. 19. ., filed his answer to the said bill and afterwards on the day of , A. D. 19. ., your orator filed his repli- cation thereto, all of which fully appears by the records and files of this Court in the said cause, whereto reference is prayed, which cause is still pending and undetermined in this Court. 2. Your orator shows by way of supplement to his said bill, and by leave of this Court first had that since the commencement of the said suit the said defendant, J. B., has commenced an action- of ejectment against your orator on the common law side of this Court for the recov- ery of the possession of the said land and premises, which action of ejectment is still pending and undetermined, and that your orator has 7 The above form, although obtained from the practice of Michigan, is available for use in general chancery practice. SUPPLEMENTAL BILLS 477 requested the said J. B. to desist from prosecuting his said action of ejectment, but so to do the said J. B. upon divers frivolous pretexts has hitherto refused and still does refuse, and still continues to prosecute the same. Your orator therefore prays: I. (Prayer ^or answer.) II. That the said defendant may be restrained by the order and injunction of this Honorable Court from prosecuting or proceeding with the said action of ejectment, and from commencing any other action or proceeding at law for the purpose of evicting your orator from the said land and premises or of disturbing your orator's possession thereof during the pendency of this suit. (Add prayer for general relief.) (Verification.) NEW JERSEY « Form No. 330 ADDITION BY WAY OF SUPPLEMENT TO BILL OF COMPLAINT Between A. B. Company, a corporation. Plaintiff, and \. On Bill, etc. C. D., Defendant. To His Honor , Chancellor of the State of New Jersey: The complainant above named, in addition to the bill of complaint filed herein, by way of supplement thereto, pursuant to leave given by the order of this Court, respectfully shows: 1. (Here insert the substantial allegations of the supplementary bill, in paragragJis numbered seriatim.) To the end, therefore, that (Prayer for answer), and that (add prayers for special relief de- sired and prayer for general relief.) May it please your Honor, the premises considered, to grant unto your orator the state's writ of injunction, issuing out of and under the seal of this Honorable Court, to be directed to the said C. D., restrain- ing it and its officers, agents and attorneys, from (etc.); and that said defendant shall, according to law and the course of thl^ Court upon addition by way of supplement to bill of complaint, answer all and singular the said premises and stand to, abide by and perform such orator and decree herein as to your Honor shall seem meet and shall be agreeable to equity and good conscience. E. F. Solicitor for and of Counsel with the Plaintiff. » Under Rule 210a, Additions by the way of Supplement to the original Bill, such as this form here given, have almost entirely taken the place of supplemental bills proper. See Rule 210a. The above form is peculiar to the chancery practice of New Jersey. 478 EQUITY FORMS PENNSYLVANIA » Form No. 331 SUPPLEMENTAL BILL ATTEB DECREE (Title and Commencement as in an original till.) 1. On the day of A. D. 19. ., your orator filed his original bill in the above cause stating such matters and things as are therein, as by reference thereto will appear, and praying (prayers of the bill). 2. C. D., the defendant, named in the bill aforesaid, was duly served, appeared and put in his answer to said bill to which your orator replied. 3. Said cause being at issue and witnesses being examined on both sides, the case was duly argued in accordance with the equity practice in such causes, and on the day of A. D. 19. ., it was formally decreed (insert decree) as in and by said bill, answer, replica- tion, proofs and decree now of record in your Honorable Court of the same term and number, reference being thereunto had, will more fully appear. 4. Your orator shows by way of supplemental bill that on the day of A. D. 19. ., the said C. D., without valuable consideration therefor, or any consideration whatever, but in fraud of plaintiff's rights and before the decree aforesaid, conveyed the title to E. F., a defendant herein, who is the brother of the said C. D. and which conveyance was not recorded in the office for the recording of deeds for the county of until the day of A. D. 19 . . , the day prior to entering of said decree, which conveyance now remains of record in said office as of the date aforesaid in deed book No (etc.). Your orator was not advised and had no knowledge of said facts until after the entering of said decree. 5. Your orator shows that the said defendants herein well knew at the time of said conveyance that the defense to said bill would not be maintained, and that the said conveyance was made because the said defendant, C. D., did not own other property than the one the subject of this suit for specific performance, and your orator charges that said conveyance was in fraud of the rights of your orator and to his irre- parable injury. 6. The said property situate (location) is of peculiar and special value to your orator because (reasons) and he cannot be adequately compensated by damages even if a decree against the said C. D. for damages could be enforced. 7. By Act of Assembly of this commonwealth, approved the 15th day of June, 1871 (P. L. 387), it is provided that the filing of a bill in equity relating to real estate shall be a lien against said real estate of which purchasers shall be deemed to have had constructive notice. 8. The said E. F. is now in possession of said premises, and has the legal title thereto to the manifest wrong and injury of your orator and against him your orator cannot enforce the decree aforesaid, and 9 The above form, although obtained from the practice of Pennsyl- vania, is available for use in general chancery practice. SUPPLEMENTAL BILLS 479 your orator charges the said E. F. merely holds the legal title to said real estate as trustee for the said C. D. 9. Your orator is advised and believes, and therefore avers he Is entitled to the same relief against the said E. P. as against the said C. D. and that the decree against C. D. ought to be prosecuted and carried into full effect against the said defendants. To the end there- fore that your orator may have the benefit of said decree, and that the same may be carried into full effect against the said defendants and that the said C. D.: (Insert words of decree.) And your orator prays: First. That the defendants and each of them make full discovery touching all the matters and things herein set forth, and that they particularly and fully answer the averments of said bill. Second. That the defendants and each of them be restrained (or be perpetually enjoined) from mortgaging or encumbering said real estate, and from selling or conveying the same or any part thereof to any person other than your orator. Third. That the said deed of conveyance aforesaid be declared null and void, and the said E. F. be decreed to deliver up the same for cancellation and that (decree of specific performance against C. D.), and that the said C. D. carry the original decree into effect. (Add prayer for general relief.) RHODE ISLAND" Form No. 332 MOTION IN SUPERIOR COURT TO REVIVE CASE WHICH WAS DISPOSED OF BY FINAL DECREE IN APPELLATE DIVISION OF SUPREME COURT Providence, Sc. Superior Court. S. B. M. "] V. I Equity No R. F. C. J MOTION TO REVIVE CASE IN FAVOR OF PRESENT PARTIES PLAINTIFF The plaintiffs herein respectfully represent that the final decree against the defendant herein was entered by the Honorable Appellate Division of the Supreme Court on the eighteenth day of February, A. D. 19 . . ; that since the last mentioned date certain of the parties plaintiff have deceased, and their personal representatives, executors or administrators, as the case may be, have become parties plaintiff in place of said plaintiffs so deceased; that said decree so entered by the Honorable Appellate Division of the Supreme Court has not been fully carried into effect, but a large part of the sum ordered by the Court to be paid by the defendant to the plaintiffs remains unpaid. Said plaintiffs, therefore, move that said suit and the proceedings 10 The above form is peculiar to the chancery practice of Rhode Island. By rule 10 of Equity Rules of Superior Court, 26 R. I. xxvi, it is provided that any supplemental matter may be introduced by amendment. Supplemental bills are almost unknown in Rhode Island. 480 EQUITY FORMS therein stand and be revived in favor of said parties plaintiff and be in the same plight and condition as the same were in at the time of the death of said parties plaintifl:. By their solicitors, X. T. Z. TENNESSEE ^i Form No. 333 (a) StJPPLEMENTAL BILL AGAINST TRUSTEE IN BANKEUPTCY {Title aiid Commencement as in an original bill.) 1. On the day of 19.., the plaintiff filed his original bill in this Honorable Court against the defendant, J. D., stating the several matters and things therein stated [or, state in concise form the grounds of eguity embraced in the ariginal bill) and praying (state the prayer in concise manner). 2. Said J. D. was served with process issuing out of this Honorable Court, to appear and answer said bill, but has not yet appeared and answered said bill or made any defense thereto {or, has appeared and put in his answer thereto), but before any further proceedings were had in said suit, said J. D. was, upon a petition filed 19.., duly adjudicated a bankrupt, on 19 . . , by the District Court of the United States for the district and R. R. has been duly appointed trustee of the estate of the said bankrupt, and has qualified as such. The plaintifi prays that process issue to cause the defendants to appear, and that they be required to answer the original and this supplemental bill. {If the bankrupt has answered the original bill, pray that the trustee be required to answer the original and supple- mental bills, and the bankrupt the supplemental bill.) That plaintiff have the benefit of said suit and proceedings against the defendants to this bill, and have the same relief against said R. R. as he would have been entitled to against the said J. D., if he had not become a bankrupt. (Add prayer for general relief.) E. P., Solicitor. Form No. 334 (b) SUPPLEMENTAL BILL OF REVIVOR AGAINST THE HEIRS OF DECEASED MORTGAGOR (Title and Commencement as in an original bill.) 1. On the day of , 19.., the plaintifl filed his original bill in this Honorable Court against T. D., since deceased, stating therein the due execution by the said T. D. of a certain inden- ture of mortgage, dated the day of 19. ., for secur- ing the payment to plaintiff of the sum of dollars, due by the promissory note of the said T. D., payable at twelve months, that day executed by him to plaintiff, and which indenture of mortgage com- prised a house and lot of ground (describe property) and further stat- ing that said T. D. had made default in the payment of the said sum 11 The above forms, although obtained from the practice of Tennes- see, are available for use in general cliancery practice. SUPPLEMENTAL BILLS 481 of money, and therefore praying (.set out the prayer of the bill) as by said bill on file in this Honorable Court will on reference appear. 2. Said T. D. being duly served with process, appeared to said original bill, and put in his answer thereto, and the said cause being at issue, the same came on to be heard on the day of 19 . . , when the Court was pleased to order and decree that the cause should be referred to the Master to hear proof and report to the next term of Court what portion, if any, of Said note had been paid and satisfied by said T. D., and what amount, principal and interest, was due and unpaid on said note. 3. Some proceedings have been had before the Master, under said decree of reference, but no report has yet been made thereon. On or about the day of , 19 . . , the said T. D. departed this life, leaving the said J. and R. D. his heirs at law, and without having devised or in any manner disposed of his equity of redemption of and in said mortgaged premises. Plaintiff prays that process issue to cause said J. D. and R. D. to appear and answer this bill and show cause if any they can why said suit should not stand and be revived against them as such heirs at law of the said T. D., deceased, and be in the same plight and condition as they were in at time of the abatement thereof; and that said suit and proceedings had therein may stand and be revived accordingly, and that said decree and other proceedings had therein may be carried into effect against the said J. D. and R. D. in like manner as they could have been against said T. D. had he been still living. (Add prayer for general relief.) E. F., Solicitor. WEST VIRGINIA 12 Form No. 335 SUPPLEMENTAL BILL TO ADD NEW PARTIES The amended and supplemental bill of complaint of T. D. against (naming defendants), and also against the unknown heirs at law of J. J. W., deceased, filed in the Circuit Court of county. These plaintiffs aver that since* the filing of their original bill in this cause, and the answer thereto by E. S. and others, they find it necessary to amend their said original bill by making new parties thereto as follows: (Naming them.) Plaintiff avers that the said parties are also heirs at law of the said J. J. W., deceased, along with the other parties named in the original bill herein. And the plaintiffs therefore pray that the above named persons may be made parties defendant to this suit, and that they be required to answer this amended and supplemental as well as the original bill herein filed, and that this may be taken and treated as an amendment and supplement to said original bill, and plaintiffs here again pray for such relief as they have heretofore prayed in their original bill. 12 Adapted from supplemental bill in Dower v. Seeds, 28 W. Va. 113. The above form is peculiar to the chancery practice of West Virginia. 482 EQUITY FORMS Fonu No. S35a BILL IN THE NATURE OF A SUPPLEMENTAL BILL TO ENJOIN INTEEFEEENOE WITH BIGHT OF WAY {Title and Address.) Humbly complaining, showeth unto your Honor, , of the City of Wilmington, New Castle County and State of Delaware, as follows: That your orator, the said on the fifth day of October, 1915, exhibited his original Bill of Complaint in this Honorable Court against and , his wife, therein stating, among other things, that after several Indentures, title to the property known as No. 202 Eighth Avenue, in the City of Wilmington afore- said, was invested in your Orator by Indenture of Jr., dated December 11, 1914, and recorded in the office of the Recorder of Deeds, in and for New Castle County, in Deed Record H, Vol. 25, Page 307, etc., which said Indenture granted the free use and priv- ilege of an alley two feet six inches wide adjoining said property No. 202 Eighth Avenue on the Easterly side thereof in common with others entitled thereto forever; and that after various Indentures, title to the adjoining property known as No. 204 Eighth Avenue was vested in the said and , his wife, by Indenture ' of dated June 14, 1913, and recorded in the office of the Recorder of Deeds in and for New Castle County, in Deed Record O, Volume 24, Page 100, etc., which Indenture granted and conveyed to said and his wife, the free use and privilege of an alley twenty-eight inches wide lying wholly on the Westerly side of said property No. 204 Eighth Avenue in common with others en- titled thereto forever; and that the alley mentioned in the aforesaid Indenture to your orator is the same alley mentioned in the Indenture to the said and , his wife, notwithstanding the discrepancy in the width as described in the two separate Indentures; and that to the best of your orator's information and belief said alley had been used in common by the respective occupants of the said premises Nos. 202 and 204 Eighth Avenue continuously, freely, fully and without disturbance until the grievances complained of; and that the defendants in said original bill of Complaint notwithstanding the right of way and easement of the complainant in and to said alley, and in violation of his property rights, enclosed said alley by locking and continuing to keep locked the gate at the entrance to said alley from Eighth Avenue; and that said defendants in said original Bill of Complaint had, notwithstanding the right of way and easement of the Complainant in and, to said alley and in violation of his property rights, erected and maintained a fence across said alley at the dis- tance of thirty feet more or less from the entrance to said alley from Eighth Avenue; and that said defendants in said original Bill of Complaint notwithstanding the right of way and easement of said Complainant in and to said alley and in violation of his property rights, had erected and maintained a wooden poultry house over the rear end of said alley so as to occupy about ten feet of said alley from the rear end thereof; and that said defendants in said original Bill of Complaint notwithstanding the right of way and easement of the SUPPLEMENTAL BILLS 483 Complainant in and to said alley and in violation of his property rights, had allowed a grapevine and trees to grow untrimmed and un- trained in the bed of said alley; and that said defendants notwith- standing the right of way and easement of the complainant in and to said alley and in violation of his property rights had kept and allowed to run at large one or more dog or dogs in said defendants' backyard and over and upon said alley, thereby interrupting the right of way of the complainant In and through said alley, whereby the right of full, free and undisturbed use and privilege of said alley was totally lost to your orator though your orator had repeatedly de- manded of said defendants in said original bill of Complaint that they remove and do away with said obstructions to the use of said alley and restore to him the full, free and undisturbed use and priv- ilege, but the said defendants had refused to comply with said re- quests and still continued to interrupt the enjoyment of the com- plainant in the right of way as aforesaid; and that thereby great and irreparable injury to the property of your orator would be done should such obstructions continue for which your orator had no ade- quate and complete remedy at law; and that your orator was without relief, except in this Honorable Court. Whereupon a subpoena issued directed to said and as defendants and was duly served upon them, and they, the said and ........ have since put in their answer to the original Bill but that no fur- ther proceedings have been had in the said cause. And that your orator further shows your Honor by way of Sup- plement that on the fourth day of November, 1916, the said and his wife, the defendants in the original Bill of Com- plaint, granted and conveyed said property No. 204 Eighth Avenue to and , his wife, in fee simple by Indenture re- corded in the office of the Recorder of Deeds, in and for New Castle County, in Deed Record M, Volume 26, Page 47, etc., whereby the said and , his wife, became and still are the own- ers of the said property. That the said and his wife, had notice of the pendency of this cause but are not parties to it. That since the conveyance of said property No. 205 Eighth Avenue by the said and his wife, to the said and , his wife, the fence erected across said alley at the dis- tance of thirty feet more or less from the entrance to said alley com- plained of in the original Bill of Complaint has been removed; and that no dog or dogs are allowed to run at large over and upon said alley as complained of in the original Bill of Complaint, but that the other interruption of the right of way of complainant in and through said alley as set forth in the original Bill of Complaint still exist whereby your orator is unable to use his said lands and premises as he has a right to use them and is unable to use and enjoy said alley as the same is assured to him by virtue of the Indenture conveying his property to him, and therefore great and irreparable Injury will be done to the property of your orator should such obstructions con- tinue for which injury your orator has no adequate and complete remedy at law. 484 EQUITY FORMS That your orator is without relief, except in this Honorable Court, your orator therefore prays as follows: (1) That the defendants may fully answer this Bill of Complaint, answer under oath being hereby waived. (2) That the defendants may be restrained by the Injunction of this Honorable Court from interrupting and interfering in any way with the right of way and easement of your Orator and also that a preliminary injunction may issue to restrain the said defendants, in like manner, until the further order of the Chancellor. ( 3 ) That the said defendants may be decreed to pay to your Ora- tor such sum as the Chancellor may decree as his damages for the interruption of his right of way. (4) That the Orator may have such other and further relief as the nature of the case may require. ( 5 ) That a subpoena may issue directed to the said and and and , as defendants in this cause. (Signatwe and Verification.) STATE OF MAINE Form No. 335b SUPPLEMENTAL BILL IN THE NATURE OF BILL OF REVIEW (Title and Address.) The Lapointe Machine Tool Company, a corporation duly organ- ized and existing under the laws of the State of Maine, and located at Portland in the County of Cumberland, in said State, having first obtained leave of court so to do, files this its supplemental bill in the nature of a bill of review, and therein complains against the J. N. Lapointe Company, a corporation duly organized and existing under the laws of the State of Maine, and located at Augusta in the County of Kennebec, in said State, and says: 1. On the thirteenth day of December, A. D. 1915, the petitioner, Lapointe Machine Tool Company, filed its bill in equity in this Court against the J. N. Lapointe Company, a corporation duly organized and existing under the laws of the State of Maine, and located at Augusta in the Couny of Kennebec in said State, therein alleging in substance that the plaintiff Company in 1902 purchased of one Jo- seph N. Lapointe certain patent rights and inventions, together with all improvements thereon for certain broaching machines and tools, and thereupon the said Joseph N. Lapointe became President of the plaintiff Company, and from the year 1902 until 1911 the plaintiff company was continually engaged in the manufacture and sale of such broaching machines and tools throughout the machinery market of the United States and foreign countries, that during said period products of the plaintiff company were advertised both by oral solici- tation, letters and advertisements as Lapointe broaching machines, Lapointe broaching tools and the Lapointe broaching system, and said products acquired a wide celebrity and became known to the trade and recognized in the machinery market under the name La- pointe, and that the name Lapointe which was primarily the per- SUPPLEMENTAL BILLS 485 sonal name of Joseph N. Lapointe came to acquire and have a sec- ondary meaning indicating solely the broaching machines and tools which were the products of the plaintiff company; that in 1911 the said Joseph N. Lapointe left the plaintiff company and caused the organization of the defendant, J. N. Lapointe Company, and there- upon the latter proceeded to manufacture, offer for sale, advertise and sell broaching machines and tools siniilar to the plaintiff's ma- chines and tools as Lapointe broaching machines and tools and La- pointe broaching system and to represent them by solicitation, letters and advertising as the original Lapointe broaching machines, and the defendant company to be the originator of the Lapointe broaching system, and as the company of many years' experience so well known throughout the world, and thus to palm off the reputation and products of the defendant company as and for those of the plaintiff; and that the defendant company was thus guilty of unfair competi- tion with the plaintiff greatly to its damage, and praying that the de- fendant company, its oflBcers, agents, servants and attorneys might be temporarily and until further order of Court and also permanently enjoined from employing or using the trade name Lapointe or any violation thereof either alone or in connection with words, figures, symbols or accompaniments upon or in connection with broaching machines and tools, or in any way connected with the sale or offer- ing for sale thereof, whether on label, carton, advertisement, circu- lar, card, letter head or in any other way whatever tending to deceive the public or infringing upon the rights of the plaintiff in the prem- ises, and further praying for an accounting for damages, and for costs. 2. Upon the filing of said bill and motion of the plaintiff, a pre- liminary injunction was granted as prayed for in the language above set forth, and said preliminary injunction was thereafter by stipula- tion and order of court continued in force, pending final hearing in said cause, and thereafter the defendant appeared and filed its repli- cation, and the evidence was taken out on both sides, and said cause was reported to the Law Court for its decision of the issues of law and fact presented by so much of the evidence as might be deemed legally admissible, and said cause was argued before the Law Court at the July Term, A. D. 1916. 3. On the nineteenth day, of December, 1916, the Law Court filed its opinion in said cause, a copy of which will be produced in court herewith, to which the plaintiff asks leave to refer as a part of this bill of complaint; which said opinion purported to recite and find at some length the facts of the case and apply the principles of law thereto, and concluded as follows: "The Temporary injunction is therefore to be dissolved and the bill dismissed with costs." "Decree in accordance with the opinion." 4. Upon the record in said cause, including the pleadings, opinion and decree, the plaintiff herein alleges and claims that said decree is erroneous and ought to be reviewed, reversed and set aside inasmuch as it is apparent from said record that the court erred in that the court in its opinion held on the one hand that while a family name such as Lapointe might acquire a secondary meaning so as to become 486 EQUITY FORMS identified witli the products of tlie plaintiff company, and in such case could not be used by the defendant in such secondary meaning as a trade name, since that would necessarily create an impression that the defendant's products were those of the plaintiff, nevertheless that was a matter of proof, and that the evidence did not sustain the claim that the name Lapointe had acquired such secondary meaning; and at the same time the Court said in the same paragraph in its opinion, in contradiction of its prior statement, that "the machines [of the plaintiff] came to be known in the trade simply as the type of broaches propelled by a nut and screw in a horizontal plane, made by the Lapointe Machine Tool Company in Hudson, Mass." In other words, the Court has itself held in its own opinion, which opinion di- rected a decree to be made in accordance therewith, that the name Lapointe had come to have the essential requisites of a secondary meaning, viz.: broaches and broaching machines made by the La- pointe Machine Tool Company, and that when a family name such as Lapointe had acquired such a secondary meaning so as to become identified with the broaches of the plaintiff company it could not be used by the defendant in such secondary meaning as a trade name to describe its own products; yet the court in the balance of its opinion and in its decree -dissolving the injunction and dismissing the bill has erroneously permitted the use of the name Lapointe by the de- fendant company as applied to its products, although such name could only mean to the trade, according to the findings of the court itself in this opinion the broaches and broaching machines made by the plaintiff, the Lapointe Machine Tool Company in Hudson, Massa- chusetts. Consequently such decree is erroneous and should be re- versed upon this ground. 5. The plaintiff further alleges and claims that said decree should be reviewed, reversed and set aside by reason of new matter arising after the record in said original cause was closed and finally certified and reported to the Law Court and pending before said court, and which was consequently not a part of the record before that court, and could not be and was not considered by it in its decision of said cause, which said new matter consists of the following facts, viz. : On the eighteenth day of September, A. D. 1916, while said orig- inal cause was pending before the Law Court, the plaintiff, by its at- torneys, filed with Justice George E. Bird of the Supreme Judicial Court in said County of Cumberland a petition for orders to show cause why the defendant company and its officers,. Joseph N. Lapointe and Frank J. Lapointe, should not be adjudged guilty of contempt of Court by reason of certain advertisements caused to be published by the defendant company in the month of May, A. D. 1916, in viola- tion of said temporary injunction then pending, and on said petition an order to show cause was issued and served on the attorneys for the defendant company, and hearing was had on the thirty-first day of October, A. D. 1916, and as a result of said hearing, the defendant company was adjudged guilty of a violation of said preliminary in- junction and fined the sum of One Hundred Dollars ($100.00) and said injunction was by consent of parties thereupon modified by order of Court by adding thereto the following: "Provided, that this injunction shall be so construed as not to pro- SUPPLEMENTAL BILLS 487 hibit the defendant, pending the decision of the Law Court in this cause, from using its corporate name, 'J. N. Lapointe Co.' or the 'J. N. Lapointe Co.' upon its letter heads, signing the same in Its cor- respondence by letter, telegrams, cables, checks, notes, contracts or other papers which may be necessary to use in the due course of its business transactions; nor shall it prohibit the use of its corporate name upon its machines and tools; or the use of the corporate name alone in advertisements, upon cuts of its machine or as corporate signatures to said advertisements; but this injunction shall be con- strued to prohibit the use of the word 'Lapointe' or the name 'J. N. Lapointe' as descriptive of broaching machines, tools or systems; and to prohibit the use of any language calculated to create the impres- sion that the J. N. Lapointe Co. is the originator of the modern broaching system or of any particular type of broaching machines or tools, or as the first to manufacture or produce such machines, or as the manufacturer of the original broaching machine, or as the con- cern of long standing and experience in the manufacture of broaching machines and tools; and that the construction of this injunction, ex- cept as herein defined shall otherwise be in full force and effect, according to the ordinary and usual meaning of the words wherein used, and the name shall not by reason of the construction herein set forth be deemed to be otherwise enlarged or limited." And the plaintiff further alleges in this connection that the Court in this opinion in said cause holds that certain advertisements of the defendant company were objectionable, which advertisements used/ the phrase "We are the originators," and referred to the defendant company as originators of the system, and further used the phrase "our many years of experience has put us in the lead," referred to the experience of the defendant company, when the defendant com- pany had admittedly, as shown by the opinion, but two years' expe- rience; and also other advertisements using like language calculated to create the impression that the defendant was the originator of the system and the concern of long experience and reputation which for many years had been manufacturing broaching machines and tools known and recognized in the trade under the name Lapointe; but that nevertheless the court further held in said opinion that said advertisements were not inserted designedly, but that the lan- guage was due to carelessness In not carefully examining the phrase^ ology before it appeared in print; and the plaintiff says that the new matter above set forth occurring after the record had been printed and reported and submitted to the Law Court, and which was there- fore not before the Law Court or considered by the latter in its decision, was material and would have justified a different conclu- sion by the Court if it had been considered, since it shows that said repeated objectionable advertisements were intentional, or else the defendant company and its ofiicers were so negligent in regard to them as to render their conduct in this regard equivalent to willful neglect, continued in the face of the express injunction of this Court. 6. The plaintiff further alleges and claims that said decree should be reviewed, reversed and set aside by reason of new matters aris- ing since the filing of the original decree in paid clause, which said new matter is as follows, viz.: 488 EQUITY FORMS Since the filing of said final decree the defendant company, in spite of the fact, that the opinion of the Law Court in said cause expressly stated that "The dissimilarity in residence should tend to prevent confusion in the minds of the trade. The place of business of rival concerns, whether in the same or different towns, is always a point to be considered," nevertheless, with the intent and purpose of continuing the unfair competition and conduct with the plaintiff company complained of in its original bill in equity, and with the further intent and purpose of rendering said competition more con- fusing and effective, so as to enable the defendant company the more easily and extensively to palm off its products as those of the plaintiff, and more particularly to lead and induce the public to believe that the defendant's reputation in the trade is that of the plaintiff company, and that the defendant is the concern of long standing and experience, well and favorably known by the trade for many years as the manufacturer of the Lapointe broaching ma- chines and tools in the town of Hudson and Commonwealth of Mas- sachusetts, — has caused application to be made to the Commissioner of corporations in Massachusetts for permission to organize a cor- poration under the laws of Massachusetts, which state was the dom- icile of the plaintiff Company, to be known as "J. N. Lapointe Company," which said application was opposed by the plaintiff herein. The Lapointe Machine Tool Company, and is now pending before said Commissioner; and said defendant company with the same intent and purpose, further caused a lot of land to be pur- chased in its behalf in the said town of Hudson in the Common- wealth of Massachusetts, where the plaintiff company is now, and for many years last past has been engaged in the carrying on of its business, and the plaintiff avers that the said defendant company, by its President and other officers and agents, is planning and has made preparations and now has everything ready to erect a factory and plant upon said lot of land in said town of Hudson, Massachusetts, as soon as weather conditions will permit and to complete said plant within five ( 5 ) months from the time of breaking ground, and then proceed to manufacture the same line of broaching machines and tools as are now manufactured by the plaintiff company, with the intent and purpose on the part of the defendant company, its pres- ident and other officers of taking advantage of the added confusion which will result from the fact that both the plaintiff and defendant companies, bearing the same "Lapointe" will be advertised through- out the trade as being located at Hudson, Massachusetts, and the defendant company will thus be enabled to obtain the benefit of the name "Lapointe" so long identified in the trade with the broaching machines and tools manufactured by the plaintiff company, and to palm off its products and reputation as those of the plaintiff; And the plaintiff further alleges that all the foregoing is being done with the avowed intent and purpose on the part of the presi- dent and other officers of the defendant company of putting the plaintiff company out of business by means of such unfair compe- tition; Wherefore the plaintiff prays: 1. That the final decree in the original cause dissolving the tern- SUPPLEMENTAL BILLS 489 porary injunction and dismissing the plaintiff's bill be reviewed, reversed and set aside. 2. That the defendant company, its officers and agents, may be enjoined and restrained, both temporarily and permanently, from tak- ing or attempting to take any further proceedings under said final decree, and also from creating or attempting to create increased confusion between the names of the plaintiff and defendant com- panies, by organizing, or attempting to organize, a corporation under the laws of the State of Massachusetts under the name of "J. N. Lapointe Company," or other title bearing the name "La- pointe," and from erecting or maintaining a factory or plant in the town of Hudson, Massachusetts, for the manufacture and sale of broaching machines and tools under the name of "J. N. Lapointe" or similar corporate title including the name "Lapointe," and from the use of the word "Lapointe" or the name "J. N. Lapointe" as descriptive of broaching machines or tools or systems, and from using any language asserting or calculated to create the impression that the J. N. Lapointe Company is the originator of the modern broaching system or of any particular type of broaching machines or tools, or was the first to manufacture or produce such machine, or was the manufacturer of the original broaching machine, or is the concern of long standing and experience in the manufacture of broaching machines and tools, and from employing or using the name "Lapointe," either alone or in connection with other words, figures or letters, or in any form of advertising, or in any other way whatsoever, which would tend to deceive the public and to palm off its products and reputation as those of the plaintiff company; 3. That the respondent account to the plaintiff for the broaching machines and tools and other products sold by it by reason of its unlawful advertising and unfair competition as above set forth, and for the damages which the plaintiff has sustained thereby, and that the defendant may be ordered to pay the amount thus ascer- tained to the plaintiff; 4. And for such other and further relief as the nature of the case may require; 5. And may it please this Honorable Court to grant the plaintiff its writs of injunction, both preliminary and permanent, directed against said J. N. Lapointe Company, enjoining and restraining said company, its officers, agents, directors and servants, temporarily and until further order of this court and also permanently from attempt- ing to create increased confusion between the names of the plaintiff and defendant companies, by organizing, or attempting to organize, a corporation under the laws of the State of Massachusetts under the name of "J. N. Lapointe Company," or other title bearing the name "Lapointe," and from erecting or maintaining a factory or plant in the town of Hudson, Massachusetts, for the manufacture and sale of broaching machines and tools under the name of "J. N. Lapointe," and from the use of the word "Lapointe" or the name "J. N. Lapointe" as descriptive of broaching machines or tools or systems, and from using any language asserting or calculated to create the impression that the J. N. Lapointe Company is the orig- inator of the modem broaching system or of any particular type ol 490 EQUITY FORMS broaching machines or tools, or was the first to manufacture or pro- duce such machine; or was the manufacturer of the original broach- ing machine; or is the concern of long standing and experience in the manufacture of broaching machines and tools, and from em- ploying or using the name "Lapointe," either alone or in connec- tion with other words, figures, or letters, or in any form of adver- tising, or in any other way whatsoever which would tend to deceive the public and to palm off its products and reputation as those of the plaintiff company; 6. And also to issue its subpoena directed to the said defendant company, commanding it to appear before this court at the June rules following, then and there to make answer unto this bill of complaint and abide by the orders and decrees of the court thereon. {Signature.) CHAPTER XXII CROSS BILLS ILLINOIS ' Form No. 336 CBOSS BILL ASKING INTERPLEADER (Title and Commencement as in an original bill.) 1. On the 10th day of January, 19. ., one T. C. filed his bill of com- plaint in this Honorable Court, against one W. W., C. L. and your orator, praying for a partnership accounting and dissolution, and for an injunction, among other things, and for an order restraining your orator from disposing of or parting with possession of a certain certif- icate of stock, being Certificate No , of the W. C. C. for 72,118 shares of the stock of said company. Your orator has been duly served with process in the above suit, and has appeared and filed his answer to said bill. ' 2. On the 22nd day of June, 19 . . , your orator became a depository of the Certificate No above referred to; said W. S. and L. on said occasion called together at the office of your orator, and then and there it was understood and agreed by your orator and said W. W., T. C. and C. L., that the said certificate was not to be by your orator parted with or disposed of in any manner without the joint consent of said W. W., T. C. and C. L. 3. Said certificate is still in his possession; it runs in the name of W. W.; and your orator still holds the same subject to the joint order of the three parties named above or subject to such order of this Honorable Court as will protect your orator in the premises. 4. 'Your orator is merely a stake-holder and trustee of said certif- icate; and he has no Interest whatever in its possession or disposition, save to carry out the letter and spirit of the said trust reposed in him, under the agreement aforesaid; and he has always been willing and ' is now willing to deliver the said certificate of stock to such person or persons as are lawfully entitled to receive the same, and to whom he could deliver the same in safety, and he hereby offers to bring said certificate into Court as the Court shall direct. 5. Your orator does not In any respect collude with either of the said above named parties, touching the matters in controversy in this 1 Cross bill for Interpleader to bill for partnership accounting taken from Whalen vs. Stephens, 193 111. 121. On cross bills see Thomas V. Thomas, 250 111. 354. See also Illinois form for bill for partnership accounting, Form No. 226, ante, p. 290. The above form, although obtained from the practice of IllinolB, is available for use in general chancery practice. 491 492 EQUITY FOEMS cause, nor is he in any manner indemnified by the defendants to this cross-bill or either of them, nor has he exhibited this cross-bill of interpleader at the request of them or either of them, but merely of his own free will and to avoid being molested and harassed touching the matters contained herein. Forasmuch, therefore, as your orator is without remedy in the premises, except in a court of equity, and to the end: 1. (Prayer for answer.) 2. That the defendants may severally set forth to which of them the said Certificate No does of right belong and is deliver- able, and how in particular they make out their claims thereto. 3. That the defendants may interplead and settle and adjust their said demands between themselves. 4. That your orator may be at liberty to bring and deliver the said certificate of stock into this Honorable Court subject to the further order of the Court. 5. That all the defendants hereto may be restrained from com- mencing any further action or actions against your orator for the recovery of the said certificate. {Add prayers for general relief, for process, and for injunction.) (Affidavit.) State of Illinois, 1 County of Cook, j A. W., of the county and state aforesaid, on oath says that he has exhibited his cross-biU of interpleader against the defendants, T. C, C. L. and W. W., named in the foregoing bill, without any fraud or collusion between him and the said parties or any or either of them, and has not exhibited his said cross-bill at the request of the said parties complainant or defendant or either of them; and further states that he has exhibited his said bill with no further intent and purpose bat to avoid being sued, molested or harassed by said defendants. A. W. Subscribed and sworn to before me this day of , 19... L. M. (Seal) Notary Public. MAINE2 Form No. 337 (a) CBOSS BILI. FOB DEFENCE MEBELY 3 (Title and Commendement as in an original bill.) 1. On the tenth day of September, 19.., said H. J. filed his bill in equity in this Court against the plaintiff herein, for the purpose of (state object) and praying: 1. That (stating the prayer of the bill) 2 The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. 3 Such bill can only be set up by cross bill after the cause is at issue. See Lambert v. Lambert, 52 Me. 544. As £o whether it is necessary that the cross bill should state the facts alleged in the original bill, see Neal v. Foster, 34 Fed. 497. It is there suggested that although the cross bill should refer to the original bill, it need not incorporate any more mention thereof than is necessary to make the cross bill in- telligible. CROSS BILLS 493 and the plaintiff herein being duly served with subpoena on said bill entered his appearance in said cause and put in his answer to said bill, to which the said J. filed his replication and thus joined issue thereon. 2. On the 12th day of October, 19.., after the filing of his said bill in equity and the joinder of issue thereon, as aforesaid, the said H. J., by his assignment in writing of that date, assigned and transferred absolutely to one G. A., his solicitor in said cause, all his right, title and interest in and to the entire property and subject matter of litiga- tion in said bill, as will more fully appear by the terms of said assign- ment, a copy of which marked "Exhibit A" is hereto annexed and made a part of this bill. Wherefore the plaintiff prays: 1. That the said assignment may be decreed by this Court to be a bar to any further proceedings by the said H. J. upon said bill. 2. That said bill may on consideration of the premises be forthwith dismissed with costs. (Add prayers for general relief and for process.) Form No. 338 (b) CROSS BILL FOE AFFIRMATIVE RELIEF (Title and Commencement as in an original hill.) 1. On the 10th day of September, 19. ., the said H. J. filed his bill in equity in this Court against the plaintiff herein, seeking to enforce the specific performance of a contract in writing for the purchase of a certain piece of real estate by the plaintiff herein, to which bill the plaintiff herein duly entered his appearance. 2. By the terms of the said contract thus sought to be enforced by said H. J., the payment of the purchase money for said real estate was conditional upon the conveyance of a perfect and unincumbered title to said real estate by the said J. to the plaintiff herein, whereas the said J. is wholly unable to convey such title, since his title to the said premises is defective in this respect, that one J. B. has made a valid levy of execution thereon for the sum of ? and is about to sell said real estate to satisfy the said execution. The said H. J. is now in an insolvent condition and in contemplation of bankruptcy. Wherefore the plaintiff prays: 1. That by reason of the premises, the bill of the said H. J. may be dismissed with costs. 2. That said contract may be delivered up and cancelled. (Add prayers for general relief and for process.) MARYLAND * Form No. 339 CROSS BILL DENYING ABANDONMENT AND PRAYING FOR DIVORCE A MENSA ET THORO ON THE GROUND OF CRUELTY (Title and Commencement as in an original bill.) 1. A. B., the husband of your oratrix, filed his bill of complaint against her in this Court, alleging among other things, that she had * The above form is peculiar to the chancery practice of Maryland. 494 EQUITY FORMS without just cause abandoned the said A. B., and that such abandon- ment had continued uninterruptedly for at least three years, and was deliberate and final, and the separation of the parties was beyond any reasonable expectation of reconciliation, and thereupon the said A. B. prayed that he might be divorced a vinculo matrimonii from your oratrix. 2. Your oratrix has answered said bill of complaint, and in her answer has shown that the said A. B. is not entitled to any relief in this Honorable Court, but on the contrary thereof, your oratrix, of right and by the rules and practice of equity ought to have relief in the premises; all of which matters will more fully appear by reference to said bill and answer. 3. Prior to the time when it is alleged in said plaintiff's bill that your oratrix had abandoned her said husband, A. B., he had treated her with great cruelty and violence, so that to protect her life from danger, she was compelled, on or about the day of , 19.., to leave his house and to seek the shelter and protection of her father, with whom she has since resided, the said A. B. refusing, dur- ing all that period, to permit your oratrix to live with him, or to con- tribute anything towards her support. To the end, therefore, (1) That your oratrix may be divorced a mensa et thoro from the said A. B., her husband. (2) That your oratrix may have the guardianship and custody of the infant children of said marriage, viz.: (Naming them.) (3) That she may be declared to be entitled to receive, by way of alimony, such an allowance out of her said husband's estate as may be proportionate to the means and station in life of her said husband. (4) That, in the meantime, the said A. B. may be required to pay unto your oratrix, a reasonable sum for her support and maintenance during the pendency of this suit, and such sum or sums of money as may enable her to employ counsel to prosecute this suit and to defray the necessary costs and expenses thereof. (5) That the said A. B. may be further required to deliver up to your oratrix possession of her said farm, upon which he now resides, in order that she may occupy and hold the same as her separate property. {Add prayers for general relief and for process.) MASSACHUSETTS ^ Form No. 340 CROSS BILL FOR AFFIRMATIVE RELIEF (Title and Commencement as in an original iill.) The complainants in the cross bill say: 1. They are defendants in the case of F. J. B. vs. P. M. B. and H. C. P., now pending in this Honorable Court and numbered 5 This is a cross bill to the bill for enforcing a constructive trust. Form No. 156, ante, page 182. The above form, although obtained from the practice of Massa- chusetts, is available for use in general chancery practice. CROSS BILLS 495 equity; they are residents of Boston in the county of Suffolk aforesaid, F. J. B. is a resident of said Boston and P. M. B. is the wife of F. J. B. 2. P. M. B. Is the owner in fee of certain premises in Dorchester, more particularly described in a deed of W. B. to the said P. M. B., of which a copy is hereto annexed marked "A;" and F. J. B. has no present right, title or interest in the said premises whatsoever. She understands and believes that the said premises are the premises in- tended to be referred to by F. J. B. in his bill in equity aforesaid. 3. P. M. B. leased the premises aforesaid to H. C. F. by lease dated April 12, 19.., a copy of which lease is hereto annexed marked- "B" and made a part hereof and F. accepted the said lease. 4. At the time of the execution of this lease F. J. B. was occupying the premises aforesaid. F. notified the said B. of the execution of the lease and demanded possession of the premises. The said B. did then however and has at all times since disregarded said notice and the claims of F., and has forcibly maintained possession of the said prem- ises, and has excluded and still does exclude F. from all possession and enjoyment of the premises and from all rents and profits to which he is entitled under the said lease. This the said^B. does under a claim that he is entitled to the possession of the premises as against both P. M. B. and H. C. F. 5. On or about April 29, 19 . . , F. commenced a summary process action against F. J. B. for the possession of the said premises in the Municipal Court for the Dorchester District and thereafter said case was tried and the Court found for the plaintiff. Thereafter the defend- ant, F. J. B., appealed to the Superior Court, giving bond in the sum of two hundred dollars ($200). Said appeal is the same appeal referred to in F. J. B.'s bill in equity and is still pending. 6. F. J. B.'s claim to the possession of the premises aforesaid is without right and his exclusion of H. C. F. under the claims repeatedly made by him and now set forth in his bill in equity in tortious and a denial of the title of P. M. B. The statements in his said bill in equity ana the prayers therein do not however raise issue upon which this Honorable Court may dispose of all questions between the parties relative to the premises aforesaid. Wherefore P. M. B. and H. C. F. bring this cross bill and pray: (1) That this Honorable Court will issue a decree adjudging the sole present interest in the premises to be in P. M. B. subject to the lease to H. C. F. (2) That this Honorable Court will order the said B. to surrender possession of the premises and every part thereof to whichever of the complainants In this cross bill at the time of the final decree herein shall be entitled to the possession thereof and will order the said F. J. B. to refrain from entering the said premises or in any way inter- fering with the use, possession or enjoyment thereof by P. M. B. dur- ing her lifetime. (3) That this Honorable Court will order the said B. to abandon his appeal in the case of F. V. B. aforesaid and will make such further order relative to the disposition of the record of said case and relative to damages and costs therein as the Court may deem meet and proper in the premises. (Add prayer for general relief.) 496 EQUITY FORMS NEW HAMPSHIRE « Form No. 3il OBOSS BILL TO ENJOIN FBOCEEDINGS ON OBIGINAL BILL AND TO REMOVE CLOUD ON TITLE {Title and Commencement as in an original Wl.) The F. P. Company, a Maine corporation organized in October, 1904, and G. B. J., of Boston, Massachusetts, respectively complain against that Maine corporation which was organized in September, 1904, under the name of the E. T. Company, but which in June, 1905, changed its name to P. P. Company, by which designation it has since been and is now known, and say: (Section* I-XXVI of the HU are omitted.) XXVII The bringing of said bill in equity by this defendant on July 22, 19 . . , upon the claims and pretenses therein set out, and the unneces- sary and wrongful issuance of said attachments upon the plaintiffs' property to the amount of $200,000 under the circumstances above described, constitute vexatious and oppressive litigation which this Court of Equity in the exercise of its powers ought to enjoin; and the wrongful acts by the defendant, above set forth have caused these plaintiffs respectively large damages, for which this Court of Equity in the exercise of its powers ought to compel an accounting from the defendant. XXVIII Wherefore the plaintiffs pray: (1) That the title of the F. P. Company to its real estate above described may be confirmed and forever quieted against the adverse claim wrongfully and maliciously made thereto by the defendant as aforesaid, and that the cloud upon said F. P. Company's title to said real estate, arising from said claim, may be removed; and to that end that a decree be entered adjudging that said claim is invalid and void, tbat the defendant has no estate or interest, legal or equitable, in said real estate' or in any part thereof, that said F. P. Company is the owner in fee of all the same, and that the defendant be forever barred from asserting or claiming any estate or interest therein. (2) That the defendant, its officers, agents and attorneys, be per- petually enjoined and restrained from further prosecuting or taking any proceedings in its said bill in equity filed July 22, 19 . . , and from further vexing and harassing the plaintiffs or either of them by the institution or prosecution in this or any other Court of any other or future suits or proceedings at law or in equity based on the same or similar pretended claims; and that the defendant be enjoined and commanded to release and discharge the several attachments wrong- fully made by it in said pending suit upon the lands of the F. P. Com- pany as aforesaid. (3) That the loss and damage occasioned to the plaintiffs and each of them by the various wrongful and malicious suits, attachments and 6 The above form, although obtained from the practice of New Hampshire, is available for use in general chancery practice. CROSS BILLS 497 other acts of the defendant as above set forth may be ascertained by a jury, on issues framed for that purpose; and that the defendant be decreed to pay to the plaintiffs the amounts of their respective damages as thus ascertained, with lawful Interest and costs. (4) And for such other and further relief as justice and equity may require. NEW JERSEY ^ Form No. 342 CROSS BILL (by minor defendant) (Title of cause as in an original iill.) This defendant, A. B., by way of cross bill, exhibited against the plaintiff, by C. D., his guardian ad litem and next friend, says: 1. {Here insert the substantial allegations as in an original till.) (Prayers as in an original bill except that prayer for process is omitted, except as against any newly introduced parties defendant to the cros& bill.) A. B. By C. D., Guardian ad litem and next friend. X. Y., Solicitor for Defendant and of Counsel. PENNSYLVANIA s Form No. 343 CROSS BILL TO SET UP RELEASE (Title and Commencement as in an original bill.) 1. A. B., the plaintifE in the above entitled cause, on the day of , 19 • . , filed in this Honorable Court against your orator, a certain bill in equity therein praying (state prayer of original bill) which said bill was duly served upon your orator who caused an ap- pearance to be entered for him in said cause and filed his answer to said bill, to which the said plaintiff replied and the said proceedings are still pending in this Court and undetermined. 2. Afterwards to-wit, on the day of , 19. ., the said plaintiff by his certain deed of release in writing executed by him bearing date the day and year aforesaid did remise, release and quit- claim and forever discharge unto your orator, his heirs, executors and administrators the several matters and things complained of by him in his said bill and every of them together with all manner of suits, actions and demands whatsoever in law or equity conveying the same. 3. The said release was duly delivered to your orator by the plain- tiff on or about the day of , 19 . . , but was returned to him by your orator at his request for his inspection only and upon his express promise to re-deliver the same to your orator in a few days thereafter; but notwithstanding your orator has since that time repeatedly demanded of the said, plaintiff to return the said release to T The above form, although obtained from the practice of New Jersey, is available for use in general chancery practice. 8 The above form, although obtained from the practice of Pennsyl- vania, is available for use in general chancery practice. 498 EQUITY POEMS him, the said plaintiS has always refused and still refuses so to do and the same remains in his possession. 4. Notwithstanding the making and delivery of the said deed of release as aforesaid the said plaintiff threatens to proceed and is pro- ceeding with his said bill of complaint pretending that no such re- lease was ever executed by him or if so that the said release was obtained by fraud or surprise and is therefore void; whereas the same was in every respect fairly and properly obtained by your orator from the said plaintiff and duly executed by him. Wherefore your orator further showing that he is unable under the circumstances aforesaid to put the said release in issue or use the same in bar- to said suit prays your Honorable Court: First. That the said plaintiff may be decreed to make a true and full disclosure and discovery of the said release and that the same may be declared by your Honorable Court a sufficient bar to any further proceedings by the said plaintiff in his said suit, and that the said bill may be dismissed with costs. Second. Such other and further relief as justice and equity requires. RHODE ISLAND Cross bills are not necessary in Rhode Island. See Chap. 289, Gen. Laws of R. I., 1909, Section 13, as follows: "Sec. 13. No cross bill shall be necessary in any suit in equity, and no cross petition in divorce proceedings, but the respondent in any such suit or proceeding, may avail himself of any matter which would be open to him upon a cross bill or petition, by setting up such matter in his answer, or in divorce proceedings by motion in writing setting forth the grounds therefor; and the Court, upon hearing the cause, may make any decree for or against either party, interlocutory or final, warranted by the merits of the cause, that it could make in such suit or proceeding had a cross bill or cross petition been filed therein." TENNESSEE " Form No. 344 CBOSS BII.L TO SET TTF SELEASE {Commencement as in an original bill.) The plaintiff respectfully shows to the Court that the defendant, R. R., on or about the day of 19 . . , filed his bill of complaint in this Honorable Court against the present plaintiff, thereby praying (state the prayer) and the present plaintiff being duly served with process, appeared and put in his answer thereto; and issue being joined, witnesses were examined on both sides, but said cause has not yet been heard. On or about the day of 19 . ., the said R. R. by a certain writing of release, bearing date the said" day of , 19.., did remise, release and forever quitclaim unto the plaintiff, his heirs, executors and administrators, the several matters 9 The above form, although obtained from the practice of Tennessee, is available for use in general chancery practice. CROSS BILLS 499 and things complained of in said bill of the said R. R. and in question in the said suit, and each and every one of them, and all sums of money then due and owing, or thereafter to become due and owing, together with all, and all manner of actions, causes of action, suits and demands, whatsoever, both at law and in equity, or otherwise how- soever, which he, the said R. R. then had, or which he should, or might at any time or times thereafter have, claim, allege or demand against plaintiff for, or by reason or means of any matter, cause or thing whatsoever from the beginning of the world to the day of the date of said deed of release; as by reference to said release, reference there- to being had, will appear {state the release according to its terms). Under the circumstances aforesaid, the plaintiff is unable to put the said release in issue or to use the same as a plea in bar in said suit. Plaintiff prays that process issue, to cause said R. R. to appear and answer this bill fully. That said release may be established, and declared by this Honorable Court a suflacient bar to any further pro- ceedings by the said R. R. in said suit; and that said bill of the said R. R. be dismissed with costs. (Add prayer for general relief.) VERMONT 10 Form No. 345 FORMAL PARTS OF CROSS BILL A. B. "] vs. I In Chancery. C. D. J State 01 Vermont, County, CROSS BILL OF C. D. The defendant in the original bill, C. D. of , in the county of , and state of "Vermont, humbly complains and says: {Here set forth cross bill of defendant.) C. D., Defendant. (Here add oath as provided for in Chancery Rules in Vermont.) WEST VIRGINIA " Form No. 346 CROSS BILL FOE AFFIRMATIVE BELIEF (Title of cause as in an original Wl.) To the Honorable X. Y., Judge of the Circuit Court of County, West Virginia: The cross bill of complaint of the C. Oil Company, a corporation, against (naming plaintiffs in original suit), filed in the Circuit Court 10 The above form is peculiar to the chancery practice of Vermont. 11 Adapted from Lockwood vs. Oil Co., now (1913) pending in Su- preme Court. Cross bills are rare in West Virginia practice, the statute providing for an answer asking for afiBrmative relief. The one in this case was quite voluminous, and only enough is here ab- stracted to show the general form. This was a case by plaintiff for 500 EQUITY FORMS of Tyler county, West Virginia, in the chancery cause of B. C. L. and E. L.. plaintiffs, against the C. Oil Company, a corporation, and the E. Pipe Line Company, a corporation, defendants, pending in said Court. The said C. Oil Company, plaintiff in said cross bill, complains and says: 1. At the August rules, 19... of said Court, the defendants, B. C. L. and E. L., exhibited their bill of complaint against your plaintiff, the C. Oil Company, and the E. Pipe Line Company, one of the defendants herein, wherein they complained and said that: {Insert allegations of original bill.) 2. The prayers in said bill were for discovery against the C. Oil Company and the E. Pipe Company as to the amount of royalty oil produced and sold, and the price for which the same was sold and the time at which the same was sold; for an accounting as against the C. Oil Company for all of said royalty oil or the proceeds of the sale of said royalty oil, with interest; and that the C. Oil Company be re- quired in the future to deliver to said L. all of the royalty oil produced from said well and for general and special relief. 3. Your plaintiff has filed its demurrer to said bill of the said L., which demurrer was overruled by this Honorable Court; it also filed its separate answer to said bill wherein your plaintiff as respondent to said bill, answered and pleaded: (Insert allegations of answer.) 4. Said answer further prayed that this Honorable Court make the executor and devisees of the said F. R. W., deceased, parties defendant and that this Court should decree to whom the C. Oil Company should deliver the royalty oil, held subject to its order, by the E. Pipe Line Company, and to protect the C. Oil Company and to preserve its rights for any payments for royalty oil made by the C. Oil Company prior to the date of said notice. The bill of complaint filed by the said B. C. L. and E. L. against your plaintiff and the E. Pipe Company, the demurrer and also the separate answer thereto, above mentioned, and the exhibits with said bill and answer, and each of them, are here made a part of this cross bill and are prayed to be read in connection herewith as fully as though the respective contents of the same had been herein incor- porated at length. (Insert all facts intended to 6e alleged as ground for afflrmative relief.) Wherefore, your plaintiff prays that the parties named in the cap- tion to this cross bill be made parties to this cause and that process may issue against them and that they severally and respectively an- swer the bill of complaint filed herein by the said L. S. and this cross bill filed by this plaintiff, the C. Oil Company; that they sev- erally and respectively disclose whether they are heirs at law or de- an accounting from the Oil Company for the royalty from a well dis- covered to be on his land, instead of the Wells land as supposed by all parties for a period of ten years. Upon being brought into court, the Oil Company filed this bill bringing in the Wells heirs in order to secure an accounting from them if the main suit should be successful. The above form, although obtained from the practice of West Virginia, is available for use in general chancery practice. CROSS BILLS 501 visees, or executor of the said F. R. W., deceased, or appear in tlieir own riglit; that they disclose what amount of money has been received by them or by the said F. R. W. In her lifetime as the proceeds of the royalty oil produced from the well in controversy In this litigation; that this Court restrain by Its order the further prosecution against this plaintiff of the bill filed by the defendants, L. S., against the plain- tiff in this cross bill, the C. Oil Company, until the matters set forth in said bill, including the title to the land on which said well is located and the amount of royalty oil heretofore produced or the proceeds thereof, and the amount of royalty oil now in the pipe line can be de- termined. (Add prayers for other relief desired.) That such further proceedings may be had and decrees entered in the cause as will protect the said C. Oil Company in the delivery of the said one-eighth part of said royalty oil under its covenants in the lease held by it, as aforesaid. And such further relief, decrees and orders as shall be equitable and proper in the premises and as the Court may see fit to grant. And your plaintiff will ever pray. {Signed as if an original iill.) CHAPTER XXni BILLS OF REVIEW ILLINOIS Form No. 347 (a) BILL FOE REVIEW FOE BOTH EEEOE APPARENT AND NEWLY DISCOVEEED EVIDENCE i (Title and Commencement as in an original bill.) Leave of Court having been first had and obtained, your orator, T. H. M., of , files this bill of review and respectfully represents unto your Honors: 1. On the 8th day of March, 19 . . , he exhibited his bill of com- plaint in the Circuit Court of Cook county, Illinois, against J. M. M., the defendant hereinafter named, in words and figures as follows, to- wit: (Copy of Bill.) And on the same day process was issued upon said bill of complaint, in words and figures following, to- wit: (Copy of SumTnons.) (and so on, — giving copies in full of all proceedings in the cause.) Whereupon afterwards on the 19th day of June, 19. ., a final decree was entered in said Circuit Court in said cause, in words and figures following, to- wit: iForm taken from case of Mathias vs. Mathias, 202 111. 125. In this case, the nisi prius court opened up the decree and reversed it. The Supreme Court reversed the trial court, on the sole ground, how- ever, that the bill of review was not filed in the court in which the original cause was heard (the Circuit Court of Cook county, and the Superior Court of Cook county, being held to be different courts). In Axtell vs. Pulsifer, 155 111. 141, it is said, at page 150: "If the bill in this case should be regarded as a bill of review for error apparent upon the face of the record, it can not be said that the pleadings of either party conform strictly to the rules applicable to such a proceeding. The bill states the substance of the bills, proceed- ings and decree sought to be reviewed, but does not make copies thereof exhibits to the bill. (Griggs vs. Gear, 3 Gilm. 2; id. 541.) When the Court Is asked to determine whether error is apparent upon the face of the decree, there should be brought before it for inspection the record of the proceedings of the suit in which the error is alleged to exist. In bills of review for errors apparent on the face of the decree, the decree is understood to include not only the final judgment of the Court, but the pleadings also. (Ebert vs. Gerding, 116 111. 216.) Hence a bill of review of this character should set out a complete copy 502 BILLS OF REVIEW 503 (.Copy of Decree.) 2. The said decree so entered is erroneous and ought to be re- viewed, reversed and set aside for many apparent errors and imper- fections, among which are the following: First. (.State seriatim the grounds of error apparent.) For all of which errors and imperfections in the said decree ap- pearing on the face thereof, your petitioner is desirous to be relieved in the premises. 3. And your orator further represents, leave of this Honorable Court having been first had and obtained for that purpose, that since the rendition of the said decree in said cause, he has discovered new matter of consequence, and material to the issue in said cause and of such a nature in his opinion, to reverse said decree heretofore entered in said cause: (State the new evidence), all of which said evidence is so clear and decisive in its nature that unleso successfully met would compel a reversal, without reference to the other evidence offered in said cause, which new matter aforesaid your orator did not know, and could not by reasonable diligence have known so as to have made use thereof in the same cause previous to the time of the hearing, and previous to the said decree; your orator first learned of the existence of the newly discovered evidence about the month of -Tune, 19 . . . 4. And your orator further represents that in view of the newly discovered evidence above set forth, the said J. M. M. has been guilty of fraud in that she fraudulently withheld from the Court (mention grounds on which fraud is claimed), and your orator was by said false and fraudulent testimony given by the defendant in said proceeding deprived of his rights under his said bill of complaint. 5. Under the circumstances aforesaid, the said decree, in con- sequence of the discovery of such new matter aforesaid, and the fraud- ulent acts of said defendant and cross complainant as aforesaid, ought to be reviewed and reversed: Forasmuch, therefore, as your orator is without remedy in the premises except in a court of equity and to the end that (prayer for answer) and that the said decree and all proceedings thereon may be reviewed and reversed, and no further proceedings taken thereon. (Add prayers for general relief and for process.) Form No. 318 (b) BHiL IN THE NATUEE OF REVIEW TO IMPEACH A DECREE FOR FRAUD 2 (Title and Commencement as in an original Wl.) 1. Prior to the occurrences hereinafter mentioned, your orator and one J. J. and his wife, B. J., who are hereinafter made parties defend- ant to this bill of complaint, were the owners in fee simple of the fol- of the bill, answer and decree to be reviewed, or, when it states their substance only, it should make such copy an exhibit. (Judson vs. Stephens, 75 111. 255; Goodrich vs. Thompson, 88 111. 206.)" The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 2 In Adamski vs. Wieczorek, 170 111. 373, from which the form, with nsodificationB, is taken, it is said: 504 EQUITY FORMS lowing described real estate situated in the county of Cook, state of Illinois: (Description of property.) 2. On the 5th day of August, 19. ., your orator had a cause of equi- table jurisdiction arising out of the certain dealings and transactions which he and the defendant, J., heretofore had in relation to said real estate with one, F. A., who is also made a defendant to this bill of complaint, and stated and set forth the same in a certain bill of com- plaint, which he caused to be filed on the said last mentioned date in this Honorable Court, which said bill is the foundation of the suit lately pending in this Honorable Court, general number by the title of J. W. vs. F. A. 3. The said bill of complaint was in words and figures following, to- wit: (Copy of Bill.) (State history of further proceedings, with copies of all papers.) and on the 2nd day of June, 19. ., final decree was entered and recorded in said cause in words and figures as follows, to-wit: (Copy of Decree.) and the same is now in full force and effect and unappealed from: 4. The said decree was obtained by the fraud and covin of said defendant. A., practiced upon this Honorable Court and against your orator, in that the said A. produced at the hearing of the said cause T. and W. P. W., as witnesses, and fraudulently procured each of them to falsely testify on the hearing of said cause in respect to certain facts and circumstances material to the main questions of facts in litigation herein, of which said witnesses had no knowledge; and your orator charges that the said defendant. A., purchased the said testi- mony from said witnesses for a consideration, and that the state of facts so testified to never had any truth in it. Forasmuch, therefore, as your orator is without adequate remedy except in a court of equity, and to the end that: 1. (Prayer for answer.) "The parties call the bill in this case a bill of review and it Is In the nature of such a bill. In Griggs vs. (Jear, 3 Gilm. 2, it was said that a bill to impeach a former decree for fraud is very nearly allied to a bill of review and that it may be filed at any time as a matter or right. In Boyden vs. Reed, 55 111. 458, a bill of this kind is termed a bill of review in the nature of an original bill. Whether such a bill is sustainable strictly as a bill of review or not, it will be entertained and the Court, upon a hearing, will secure to the parties their rights, whatever they may be. A bill of review ordinarily lies to reverse or modify a decree for error in law apparent upon its fact or on account of new facts discovered since the decree. (Knobloch vs. Mueller, 123 111. 554.) Where the ground alleged for the review of a decree Is newly discovered evidence, it is necessary to apply to the Court for leave to file the bill, and where the Court has refused to grant such leave this Court has entertained an appeal or writ of error. (Hoig vs. Thrap, 84 111. 302; Walker vs. Douglas, 89 111. 425; Shaefer vs. Wunderle, 154 111. 577.) Such a refusal seems to be regarded as a final determina- tion of the sufficiency of the alleged new matter, if proved, as a ground for reversing or modifying the decree. Of the same nature is an order striking from the files a petition alleging newly discovered evidence BILLS OF REVIEW 505 2. That the decree of this Honorable Court be set aside as against your orator. 3. That the relief may be granted to which your orator may appear to be entitled under the allegations and prayer of his bill in said afore- said suit. 4. That an accounting may be had between your orator and the said defendant, A., touching the damages sustained by your orator by rea- son of the entry of the said decree, and the execution thereof by the said defendant, and that the said defendant. A., be decreed to pay to your orator by a short day therein to be named, the amount thereof. (Add prayers for general relief and for process.) MAINE 4 Form No. 349 (a) BILL OF REVIEW FOB EBBOB APPARENT (Title and Commencement as in an original iill.) A. B. (defendant in original bill) of , complains against C. D. of (plaintiff in original bill), and says: 1. On the fourth day of March, 19.., the said C. D. filed a bill in equity in the Supreme Judicial Court for said county of Cumberland against the plaintiff herein and therein alleged as follows: (Here insert the allegations of the original bill.) 2. The plaintiff herein, being duly served with subpoena for that purpose, appeared and filed his answer to said bill to the following effect: (Here insert answer, omitting formal part.) 3. The said C. D. thereupon filed his replication to said answer, evidence was taken out, the cause set for hearing and heard by the Court on the tenth day of September, 19 . . , and upon said hearing, a final decree was rendered in said cause and the same duly signed, entered and filed on the twentieth day of September, 19.., in which it was ordered, adjudged and decreed that: (Here insert decree.) 4. Upon the pleadings and decree in said cause, as above set forth, the plaintiff herein alleges and claims that said decree is erroneous and ought to be reviewed, reversed and set aside, inasmuch as it ap- pears upon the face of said pleadings and decree that: (Here insert the errors apparent.) Wherefore the plaintiff prays: 1. That said decree may be reviewed, reversed and set aside and no further proceedings had thereon. (Add prayers for general relief and for process.) and asking for leave to file a bill of review. (Cole vs. Littledale, 164 111. 630.) Such rulings have been treated the same as sustaining a demurrer to a bill and finally disposing of the case. In case of a bill of this kind it is not necessary to obtain leave of Court, but it may be filed as a matter of right, and if, upon sustaining a demurrer or on hearing, it should be dismissed the decree would doubtless be final." The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. *The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. 506 EQUITY FORMS Fonn No. 350 (t) PETITION rOE LEAVE TO FILE BILL OF REVIEW ON DIS- COVERY OF NEW BIATTEB STATE OF MAINE. Cumberland, ss. Supreme Judicial Court. In Equity. J. S., Petitioner. To the Supreme Judicial Court. In Equity. The petition of J. S. of Portland, in the county of Cumberland and state of Maine shows as follows: 1. On the fourth day of March, 19... C. D., of said Portland, filed his bill in equity in this Court against the petitioner for the purpose of (state the object of the original Mil) and praying that {state the prayer). 2. The petitioner being duly served with subpoena for that purpose appeared and filed his answer to said bill and the said C. D. thereupon filed his replication, evidence was taken out, hearing had, and final decree made, entered and filed thereon to the following effect, viz.: (Set forth suhstanee of decree.) 3. Since the making and entry of said decree in said cause, the petitioner has discovered new matters, material and important to said cause, viz.: (here set out new matter) which said new matter did not come to the knowledge of the petitioner in time to use the same in said original cause and could not by reasonable diligence have been discovered by him earlier. Wherefore the petitioner prays: That he may have leave to file a bill of review against the said C. D. in order to have the said decree reversed and set aside and all further proceedings thereunder stayed. E. F., Solicitor for petitioner. J. S. (Verification.) Form No. 351 (c) BILL OF REVIEW ON DISCOVERY OF NEW MATTER s (Same as preceding bill (a) for error apparent, down as far as para- graph 4.) 4. Since the entry of said final decree in said cause, the plaintiff herein has discovered and such is the fact, that (here set out the new matter such as the discovery of a will, receipt, release or otherwise, as the case may &e). 5. Immediately upon the discovery of said new matter the plaintiff filed a petition in this Court setting forth the discovery of such new matter and facts alleging upon oath and such is the fact, that said new 5 The findings of fact by the court on a petition for leave to file are not conclusive at the hearing on the bill, consequently the allega- tions of want of previous knowledge of the newly discovered matter and inability by reasonable diligence to have discovered it earlier, should be repeated in the bill, as is done in paragraph 5. BILLS OF REVIEW 507 matter did not come to the knowledge of the petitioner in time to use the same in the original cause and could not by reasonable diligence have been discovered earlier, and asking leave of Court to bring this his bill of revievir to set aside said decree by reason of the premises, which said petition was thereupon duly heard and granted. Wherefore the plaintiff prays: (Same prayer as in preceding bill.) Form No. 352 (d) BILL TO IMPEACH DECBEE FOB FBAUD (Title and Commencement.) 1. On the 1st day of November, 19.., the plaintiff entered into a copartnership with the defendant by oral agreement for no definite time under the firm name and style of S. & J., to carry on the business of a retail grocery store in said Portland, under the terms of which agreement, the plaintiff and defendant each furnished the sum of $3,000 as capital in said business and divided the profits equally. 2. On the 10th day of March, 19 . . , the said plaintiff filed his bill in equity against the said defendant seeking to have said partnership dissolved on the ground that it was no longer possible to carry on said business successfully and praying for such dissolution and that an account might be taken of all partnership affairs and the balance due either partner from the other ascertained and settled. The de- fendant being duly served with process on said bill, entered his appear- ance and filed his answer thereto admitting all the allegations of plaintiff's bill, and the cause was thereupon set for hearing upon bill and answer. 3. Previous to the day set for said hearing, the defendant proposed to the plaintiff that they go over the books of account of said firm and agree upon the balance due from one partner to the other, which was accordingly done and upon the representation of the defendant that a certain account and claim of said firm for the sum of dollars for goods sold and delivered to one J. E., was worthless and that said E. had left the state of Maine and filed a petition in bank- ruptcy without assets and received his discharge thereon in the state of Michigan and that the defendant had made every effort to collect said claim, but had failed to do so and that the same had never been collected; the plaintiff treated said claim as worthless stock, no ac- count thereof, and consented to a decree on said bill by the terms of which said partnership was dissolved and a balance of dollars was ordered to be paid by the plaintiff to the defendant, and In pursuance of said agreement and consent, thus obtained, a decree to that effect was duly signed, entered and filed in the said cause on the 10th day of April, 19... 4. The said account and claim, however, against the said E. was not worthless, as represented by the defendant, but the defendant on or about the 12th day fo January, 19 . . , compromised said claim and col- lected the sum of dollars thereon from said E. and gave a receipt therefor in full settlement of the same and appropriated said 508 EQUITY FORMS sum to his own use without entering such transaction on the books of the firm or in any way disclosing the same, said facts having been first discovered by the plaintiff since the entering of said decree and the plaintiff's consent to such decree was obtained by fraud by reason of the false and fraudulent representations of the defendant, as afore- said. Wherefore the plaintiff prays: 1. That so much of said decree as relates to the payment of said balance of dollars by the plaintiff to the defendant may be declared null and void. 2. That said decree may be rectified Snd amended by inserting therein an order that the defendant pay the plaintiff the sum of dollars, being the balance due the plaintiff out of his just proportion of the said sum of dollars collected by the defend- ant as aforesaid. (Add prayers for general relief and for process.) Form No. 353 (6) PETITION FOE REVIEW ON GROUND OF FRAUD, ACCIDENT OR MISTAKE, UNDER R. S. Ch. 79, Sec. 38 e (Title and Commencement.) The petition of A. D., of , showeth as follows: 1. On the fourth day of March, 19.., C. D., of filed his bill in equity in this Court against the petitioner for the purpose of (state the object of the original l)ill) and praying that (state the prayer). 2. The petitioner, being duly served with subpoena for that pur- pose, appeared and filed his answer to said bill and the said C. D. thereupon filed his replication, evidence was taken out, hearing had, and final decree made, entered and filed therein as follows: (set forth decree in substance or, if necessary, verbatim). 3. (Here set out the matters of fraud, accident, or mistake, render- ing the decree void or erroneous, as for example in paragraphs 3 and 4 of preceding bill to impeach for fraud, and close with the statement that by reason of the premises and without the fault of the defendant, Justice has not been done.) Wherefore the petitioner prays: 1. That said decree may be reviewed and reversed and declared to be null and void (or) that said decree may be reviewed, amended and corrected by (Jvere indicate changes to be made). 2. That the said C. D. may be enjoined and restrained from proceed- ing to enforce said decree and that the issuance of execution thereunder may be stayed. 3. (Prayer for general relief.) And may it please the Court to order personal notice to the said C. D. to appear before the Court at a time and place named therein to show cause why such review should not be granted. 6 The above form is peculiar to the chancery practice of Maine. BILLS OF REVIEW 509 MARYLAND ^ Form No. 354 BILL OF EEVIEW ON DISCOVEEY OF NEW MATTEE (.Title and Commencement as in an original Wl.) 1. On the day of , 19 . . , C. D., the defendant here- inafter named, exhibited his bill of complaint in this Court, against your orator, wherein it is among other things, alleged: {Here state concisely the substance of the original bill.) 2. Your orator, being duly served with process for that purpose, appeared and put in answer to the said bill of complaint to the effect following: (Here state the substance of the answer.) 3. The said C. D., having filed his replication to said answer, and the testimony of witnesses on behalf of your orator, and also on behalf of the said C. D., having been heard^ on the day of 19.., it was, by this Court, adjudged, ordered and decreed that your orator's title to said premises was valid and effectual. 4. Thereafter the said C. D. petitioned your Honor for a rehearing, and the said cause was accordingly reheard, and a decree of reversal made by this Court, on the ground that the said C. D. was the heir at law of the said B. F., deceased, which decree of reversal was after- wards duly signed and enrolled, as by said decree and other proceed- ings now remaining filed and of record in this Court, reference being had thereto, will appear. 5. Your orator shows, by way of supplement, leave of this Court therefor being first obtained, that since the signing of said decree of reversal, he has discovered, as the fact is, that the said E. F. was in his lifetime seized in fee simple of the hereditaments and premises in question in said cause, and that the said E. F., while so seized, and when of sound mind, duly made and published his last will and testa- ment in writing, bearing date on the day of 19 . . , which was executed by him, and attested according to law, and there- by gave and devised unto J. W., his heirs and assigns absolutely, the said hereditaments and premises in question in said cause, to which your orator claims to be entitled as purchaser thereof from the said J. W. 6. Under the aforesaid circumstances, the last mentioned decree, in consequence of the discovery of such new matter as aforesaid ought to be reviewed and reversed; and the first decree, declaring your orator entitled to said hereditaments and premises, should stand and be established and confirmed. 7 Before filing a bill of review, on discovery of a new matter, ap- plication must be made to the Court by petition, which is filed in the original cause, setting out all the material facts newly discovered, together with the fact that the discovery has been made since the decree, or that the matter could not be used at the former hearing; upon which an order nisi is usually passed, requiring notice and a copy to be served on the other party by a specified day. The answer to said petition raises the question before the Court whether leave to file the bill shall be granted or not. Hodges vs. Mulliken, 1 Bl. 503. The above form, although obtained from the practice of Maryland, is available for use in general chancery practice. 510 EQUITY FORMS To the end, therefore, (1) That the said last decree and all proceedings thereon, may be reviewed and reversed, and that the said first mentioned decree may stand and be established aijd confirmed and added to, by the said wiU being declared a good and effectual devise of said hereditaments and premises as aforesaid. (2) That the said C. D. may be decreed to put your orator in posses- sion of said hereditaments and premises, and in the same situation in every respect, as far as circumstances will now permit, as he would have been, in case said last mentioned decree had never been pro- nounced and executed. {Add prayers for general relief and for process.) MASSACHUSETTS » Form No. 355 (a) BHi OF EEVIEW FOE EEBOB APPAEENT (Title and Commencement as in an original Bin.) 1. On the 21st day of August, 19.., A. M. C, the defendant hereto, exhibited a bill of complaint in the Superior Court for the county of Suffolk against your plaintiffs and also against one T. F. M., all as joint defendants; a copy of said bill of complaint is hereto annexed and marked "Exhibit A." 2. Being served with the proper process for that purpose the plain- tiffs herein appeared and put in their answer to the said bill; a copy of which is hereto annexed and marked "Exhibit B." 3. The said A. M. C. replied to the said answer and issue having been joined thereon the said cause was set down to be heard on the 28th day of April, 19 . . , at which time an order for decree together with a memorandum to accompany order for decree was entered; a copy of the said order for decree and of the said memorandum to ac- company order for decree is hereto annexed and marked "Exhibits C and D." 4. Thereafter on the 15th day of November, 19.., J. R. M., a brother of the plaintiffs herein filed a petition to be admitted a party defendant in the same cause; a copy of the said petition is hereto an- nexed and marked "Exhibit E." 5. The said petition was allowed on the said 15th day of November, 19.., and on the said date there had been no final decree entered in the above cause; and thereafter on the 16th day of February, 19.., the said J. R. M. filed his answer as a defendant in the above cause; a copy of which is hereto annexed and marked "Exhibit F." 6. The said A. M. C. filed her replication to the answer of the said J. R. M. and the said cause was heard at a sitting of the Court upon which occasion the bill of the said C. against the said J. R. M. was dismissed, whereupon your plaintiffs procured the counsel of the said J. R. M. then and there to act for them as their attorney in the said cause and to file a motion that the order of the Court made and entered vpon the 28th day of April, 19 . . , as hereinbefore recited be vacated 8 The above forms, although obtained from the practice of Massa- chusetts, are available for use in general chancery practice. BILLS OP REVIEW 511 because of the evidence disclosed upon the trial of the said cause at the said hearing; a copy of the motion filed as aforesaid is hereto annexed and marked "Exhibit G." 7. After they filed the motion as set forth in paragraph 6 the Court ordered interlocutory and final decrees to be entered; copies of said decrees are hereto annexed and marked "Exhibits H and K." 8. Your plaintiffs say that the final decree entered on the 18th day of March, 19.., is erroneous and ought to be reviewed, reversed and altered and assign as grounds therefor the following, namely: (a) By the final decree of the Court your three plaintiffs in review are ordered to convey an undivided one-third interest in the real estate which the said C. set forth and described in her bill; the particular one-third interest which the said C. claims is owned by your plain- tiffs and one J. R. M. as tenants in common. These three plaintiffs In review never owned and do not now own the particular one-third interest which the said C. claims; and if your plaintiffs in review are compelled to convey an undivided one-third interest to the aforesaid C. an injustice will be done to them by compelling each of them to convey a portion of their interest in the aforesaid land to which the said C. has no right, title or interest legal, equitable or moral and which the said C. has never claimed as appears by the record. (b) At the hearing of April 10th, 19. ., between the said C. and the said J. R. M., the Court dismissed the bill against the said J. R. M., upon the merits of the issues involved. It appears by the record that all the parties defendant to the bill of complaint of the said C. were tenants in common of the land which the said C. claimed by her bill. Your plaintiffs are advised that the said C. was bound to successfully sustain the attack of all the defendants thereto in order to maintain it against any one, because of the rule of law that the possession of one tenant in common is the possession of all and therefore if the title of one tenant in common is good as against her, the title of all is equally as good; and that as a matter of law a final decree upon the merits cannot be entered against some of the tenants in common and in favor of others upon the same issues as is apparent by the record in this case. 9. The right to file this bill of review was granted to the plaintiffs herein by the Supreme Judicial Court of Massachusetts upon a petition heretofore filed as appears from the rescript or decree of the said Supreme Judicial Court returned to this Court and entered in the records upon the determination of the appeal by your plaintiffs from the decree of this Court denying said right and dismissing said petition. Wherefore your plaintiffs pray: First: That this Honorable Court review and vacate the said final decree ordering a conveyance by your plaintiffs in review to the said A. M. C. and that a decree be entered dismissing the bill of the said A. M. C. Second: That this Honorable Court issue its subpoena to the said A. M. C. that she may appear and answer to the allegations of this biU. 512 EQUITY FORMS Third: That such other and further relief be granted as may be necessary to protect the rights of your plaintiffs from injury arising through the entering of the said final decree. Form No. 356 (b) BILL OF EEVTEW OF COMMON LAW JUDGMENT ON DIS- COVEEY OF NEW MATTEE (Title and Commencement.) 1. At the October term of the Superior Court within and for said county of Berkshire, the plaintiffs herein were defendants in a certain action' of contract wherein L. L. was plaintiff, which action is num- bered on the docket of said Superior Court; a trial of said action was had between the said plaintiff and said defendants upon the issues joined therein and a verdict was rendered for the plain- tiff in said law action in the sum of $1,187.64 with costs of said suit taxed at the sum of $46.68, which said judgment and execution has been fully satisfied and paid by F. G. A., one of said defendants. 2. Said action was founded upon three several promissory notes purporting to be signed by J. H. R., one of said defendants, as prin- cipal, and made payable to said A. and indorsed by him to the plain- tiff in said action. Said notes were respectively (describing them,). The answer of defendants in said action was that the same had been fully paid and cancelled. It was especially contended by defendants in said action that said note of $250 should have been given up to defendants and cancelled and that nothing was due thereon to the plaintiff in said action, and evidence was introduced tending to show the said payment of said note in the manner aforesaid. It was tes- tified by the plaintiff in said action that the indebtedness of defend- ants to him on or about September 26, 19.., was eleven hundred dol- lars or thereabouts, which was contradicted by defendants therein who testified that the sum was but seven hundred dollars. 3. Since the trial of said action the defendants in said action have discovered a paper intended by the plaintiff therein as a promissory note for $700 in his handwriting in these words, viz.: (Oive copy o/ the note.) (State other newly discovered facts.) 4 All these important and material facts, and testimony bearing upon their defence in said action have been discovered by them since the said trial. 5. The plaintiffs herein being aggrieved and believing the said testimony so discovered is material to their successful defence against a portion of the cause of action set forth in the writ in said action and especially to the right on the part of said plaintiff to recover of defendants the amount of said $250 note and also to recover on said $400 note or some portion thereof, humbly pray this Honorable Court to grant to them a review of said action and a new trial thereof. That a writ of review may issue to said plaintiff for the purpose afore- said; and that all other acts and things may be done in the premises as to law and justice may appertain. BILLS OF REVIEW 513 MICHIGAN » Form No. 357 (a) BILL OF REVIEW ON DISCOVERY OF NEW MATTER (Title and Commencement as in an original Ml.) 1. Heretofore on or about the day of A. D. 19. ., one J. B., of , exhibited his original bill of complaint in this Honorable Court against your orator and therein stated that (set forth substance of stating part of original bill), and prayed that (state the prayer). Your orator having been served with process, appeared in the said cause and filed his answer to the said original bill therein in substance as follows: (State substance of answer.) The said J. B. filed his replication to the said answer, and the said cause being at issue, proofs were taken therein in substance as follows: (State substance of proofs.) The proofs having been closed the said cause was brought to hearing on pleadings and proofs before this Honorable Court on the day of , A. t>. 19 . ., where- upon a decree was made therein as follows: (State decree.) Said de- cree was afterwards on the day of , A. D. 19 . . , duly enrolled in this Court as in and by the said bill, answer, replication, proceedings and decree now on record and on file in this Honorable Court, and whereto reference is prayed, will fully and at large appear. 2. By leave of this Honorable Court first had and obtained, your orator further shows that since the making (and enrollment) of, the said decree, your orator has discovered new matters of fact and evi- dence of consequence and material in the said cause, and particularly that (set forth fully the new matter discovered as in petition), which new matter, your orator did not know and could not by reasonable diligence have known, so as to make use of in the said cause, previous to and at the time of the hearing and the making of the said decree; and your orator first learned of the existence of the said newly dis- covered (facts and) evidence about (state time of discovery), and is advised that the said new matter has an important and controlling bearing upon the said decree in this suit (state its bearing on the decree). 3. Your orator is advised and insists that under the circumstances aforesaid and in consequence of the discovery of the said new matter as aforesaid the said decree ought to be reviewed and reversed (or, reversed in part, stating the modifications, if desired). Your orator, therefore, prays: I. (Prayer for answer.) II. That the said decree and all proceedings thereon may be re- viewed and reversed, set aside and vacated and no further proceedings taken thereon. (Add prayer for general relief.) 9 The above forms, although obtained from the practice of Mich- igan, are available for use In general chancery practice. 514 EQUITY FOEMS AFFIDAVIT State of Michigan, 1 County of i A. B., of , the complainant in the foregoing bill of com- plaint, being duly sworn on his oath says: that he has heard the said bill of complaint read and knows and understands the contents thereof and that the matter therein set forth as new matters are true in sub- stance and in fact (i/ affiant does not know this of his own knowledge insert as this affiant is informed and verily believes the truth to be) and that they were first discovered by this affiant since the making and rendition of the decree in the foregoing bill mentioned, that is to say 'about the time therein mentioned, and that the same could not pos- sibly be had, known or used at the time when the said cause was heard or the said decree made. Subscribed and sworn to, etc. (If the truth of the matter is not known to complainant of his own knowledge, add affidavit of the person who has knowledge thereof as follows .•) State of Michigan, ) County of ( M. N., of , being duly sworn, says that he makes this affi- davit on behalf of A. B.^ the complainant in the foregoing (or annexed) bill of complaint, and that he has heard the said bill read and imder- stands the contents thereof, and that he knows of his own knowledge that the new matters (stating them) therein mentioned are true in substance and in fact. Subscribed and sworn to (etc.). Form No. 358 (b) BILL OF REVIEW FOE EREOE APPAEENT (Title and Commencement as in an original Mil.) 1. (Same as 1 in Form No. 357.) 2. Your orator further shows that said decree is erroneous and ought to be reviewed, reversed, vacated and set aside, on account of many manifest errors and imperfections, inasmuch as it is thereby decreed that (set forth erroneous part of decree) whereas it is stated in your orator's said answer that (state the matter in the answer relative there- to), which said answer is sustained and not contradicted by the proofs or any part thereof, and no such decree ought to have been made or grounded thereon, but the said bill ought to have been dismissed for the reason aforesaid. On account of all which said errors and imper- fections in the said decree appearing upon the face thereof your orator has been and is injuriously affected in this, that (state in what man- ner the errors injure the complainant) , and hath therefore by leave of this Honorable Court brought this bill of review. Your orator, therefore, prays: I. (Prayer for answer.) II. That the said decree may be reviewed, reversed, vacated and set aside, and that no other or further proceedings be taken thereon. (Add prayer for general relief.) BILLS OP REVIEW 515 NEW JERSEY lo Form No. 359 (a) BILL OF REVIEW FOR ERROR APPARENT (Title and Commencement as in an original Wl.) 1. On or about the day of A. B. 19 . ., one A. B. filed his bill of complaint in this Honorable Court against your orator, therein setting forth that (Set forth the substantial allegations of the original hill.) and therefore praying that (Set out prayer in full.) Your orator, having been served with a subpoena to answer said bill, did appear and answer the same, setting forth (Here set forth substance of answer.) and the orator having replied to said answer and issue having been joined thereon, and witnesses examined, and the proofs closed, the said cause was brought to a hearing before , and on the day of , A. D. 19.., a decree was pronounced and entered therein whereby it was ordered, adjudged and decreed that (Set forth decree.) as by the said decree and other proceedings on said bill, now of record in this Honorable Court, reference being thereunto had, will appear. 2. Said decree has been duly enrolled but your orator insists that said decree is erroneous and ought to be by this Honorable Court re- viewed, reversed and set aside for many apparent errors and imperfec- tions, inasmuch as it thereby appears that (Here set forth apparent errors.) for all of which errors and imperfections appearing on the face of said decree, your orator has brought this his bill of review to be relieved in the premises. In consideration whereof and Inasmuch as such errors and imper- fections appear in the body of said decree, your orator respectfully insists that said decree should be reviewed, reversed and set aside and no further proceedings had thereon. To the end, therefore (prayer for answer), and that under the cir- cumstances and for the reasons aforesaid, the said decree may be reviewed, reversed and set aside, and no further proceedings had thereon. (Add prayer for process.) Form No. 360 (b) BILL OF REVIEW ON DISCOVERY OF NEW INtATTER (Title and Commencement as in an original bill.) 1. (Same as 1 in Form No. 359.) 2. Said decree has since been duly enrolled but since the enrollment of said decree, (Here set forth the newly discovered matter and the circumstances of its discovery.) which new matter your orator did not know and by the use of reason- 10 The above forms, although obtained from the practice of New Jersey, are available for use in general chancery practice. 516 EQUITY FORMS able diligence could not have known so as to have made use thereof In said cause previous to the pronouncement and entry of said decree. And your orator is advised and insists that the said decree, under the circumstances and in consequence of the aforesaid newly discovered matter, ought to be {Here set forth relief desired.} To the end, therefore (prayer for answer), and that under the cir- cumstances and for the reasons aforesaid, the said decree may be reviewed, reversed and set aside, and no further proceedings had thereon. (Add prayer for process.) PENNSYLVANIA " Form No. 361 BILL OF REVIEW OF DECREE ALLOWING TRUSTEE'S ACCOUNT (Title and Commencement as in an original till.) 1. On the day of , A. D. 19. ., E. F., of , executed to C. D. of the same city and county, a deed conveying a num- ber of properties in trust inter alia to pay to your orator the net rents and income thereof, a true copy of said deed is hereto annexed marked "Exhibit A" and made part hereof. (Or as the case may 6e, descriie the position of the said G. D.). 2. The said C. D. took upon himself the execution of said trust and collected the rents of said properties. 3. On the day of A. D. 19.., the said C. D. as trustee for your orator filed in the Court his account of the rents received by him imder said trust deed, and said account was afterwards, to-wit, on the day of , 19 . ., absolutely confirmed by said Court. 4. (If concealment was practiced, add of the said proceedings your orator was wholly ignorant, until very recently, to-wit, , 19. ., when he was for the first time informed of the filing of said account and of its absolute confirmation.) 5. (If errors in the decree are relied on state: in the body of the said decree the following errors in law appear and set out the errors.) 6. (// new matter is shown or new proof has come to light, aver the same specifically.) 7. Great injustice was done to your orator by said account and said decree. (Here give details of the wrong done, the collections made and not accounted for, the credits claimed which were false; if any fraud was practiced detail it.) 8. Said account and decree should be reviewed or otherwise your orator will suffer great loss. 9. No distribution has been made under said decree and no rights have been acquired under said decree save the unjust right of said C. D. to claim under said illegal decree. Wherefore your orator needs equitable relief and prays: That said decree confirming said account be reviewed and set aside, and the same 11 The above form, although obtained from the practice of Pennsyl- vania, is available for use in general chancery practice. BILLS OF REVIEW 517 be changed so as to charge the said C. D. as follows: (or so as to sur- charge the said C. D. as follows, or so as to strike out the following unjust and illegal credits claimed by said C. D., as the case may he.) (Add prayer for general relief.) RHODE ISLAND 12 Porm No. 362 BILL FOR REVIEW ON DISCOVERY OF NEW MATTER {Title and Commencement as in an original Mil.) 1. On the day of , 19. ., the defendant, C. A., ex- hibited his bill of complaint in this Honorable Court against your orators herein, and thereby set forth that: (Here follows substance of bill.) 2. Your orators being served with subpoena, appeared and put in their answer to said bill to the effect following: (Here follows sub- stance of answer.) 3. The said C. A. replied to said answer and issue having been joined on the day of , 19. ., a final decree was on the day , of , 19 . . , entered in this Honorable Court, a copy of which decree is hereto annexed and marked "Exhibit A," reference thereunto being had; and the said decree has since and on or about the day of , 19 . . , been duly signed and en- rolled. 4. Your orators show, by leave of this Honorable Court first had and obtained, for that purpose, that since the signing and enrolling of said decree, your orators have discovered, as the fact is, that: (Here follows statement of newly discovered evidence.) To the end, therefore, that (prayer for answer), and that for the reasons and under the circumstances aforesaid the said decree may be reviewed, reversed and set aside; and that: (Here follows prayer for general relief and prayer for procesis.) TENNESSEE ^^ Form No. 363 BILL OF REVIEW FOR ERROR APPARENT (Title and Commencement as in an original bill.) On the day of , 19. ., the defendant, C. D., filed his original bill in this Honorable Court, charging in substance that: (Recite the substance of the allegations and prayer of the bill.) Thereupon this plaintiff answered said original bill, and testimony was taken; on the day of , 19. ., the said cause came on for hearing, when it was decreed (recite briefly the decree). The plaintiff shows and insists that he is aggrieved by said decree, and that he ought not to be bound thereby, nor should any such decree 12 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 13 The above form, although obtained from the practice of Tennes- see, is available for use in general chancery practice. 518 EQUITY FORMS have been made or pronounced against him; neither ought he to pay (etc.) as by said decree is appointed; but he insists that said decree is erroneous and ought to be reversed. And he assigns and shows the following errors therein: (Here assign the errors.), for all of which said errors and imperfections in said decree, this plaintiff brings this his bill of review. He prays that process issue to cause the defendant to appear and answer this bill; and that said decree and all proceedings thereupon may be reviewed and reversed. He also prays for general relief. WEST VIRGINIA " Form No. 364 BILL OF REVIEW FOE ERROR APPARENT IN DECREE PRO CONFESSO (Title and Commencement as in an original till.) 1. On the 20th day of July, 19.., W. S. D. instituted a suit in chancery against D. G. C, E. T. C. and W. L. A., and on the said date process was issued by the Clerk of the Circuit Court of county, West Virginia, and duly executed upon the said W. L. A. and E. T. C. on the 25th day of July, 19. ., and on the said D. G. C. on the 26th day of July, 19. ., which said summons and the several returns thereon are in the words and figures following, to-wit: (Insert summons and returns.) 2. At August Rules, 19.., the said W. S. D. exhibited his bill of complaint against the said C, C. and A. in the words and figures fol- lowing, to-wit: (Insert till.) 3. On the 6th day of April, 19.., D. G. C, W. L. A. and E. T. C. appeared in open Court and filed their answer in the nature of a cross bill, which said answer in the nature of a cross bill, together with the order filing same, is in the words and figures following, to-wit: (Insert answer and order.) 4. On- the 22nd day of July, 19.., process was issued upon said answer In the nature of a cross bill and due service thereof had, which said summons and the several returns thereon are in the words and figures following, to-wit: (Insert summons and returns.) 5. On the 12th day of July, 19.., the said W. S. D., by order of Court, filed an amended bill, which said amended bill together with the order filing the same, is in the words and figures following, to-wit: (Insert amended bill and order.) 6. Your orators and others therein named were made parties de- fendant to said amended bill and process duly issued thereon and executed, which said process together with the several returns thereon are in the words and figures following, to-wit: (Insert summons and returns.) 7. On the day of 19.., the said C, C. and A. 11 From Dunbar v. Dunbar, 67 W. Va 518. The above form, al- though obtained from the practice of West Virginia, is available for use in general chancery practice. BILLS OF REVIEW 519 filed their joint answer to said amended bill, which said answer is in the words and figures following, to-wit: {Insert answer.) 8. On the 22nd day of December, 19. ., the said Circuit Court entered a final decree in said cause, which said decree is in the words and fagures following, to-wit: (Insert decree.) 9. Your orators aver that they made no appearance to said cause and that the foregoing proceedings were all of the proceedings had, andjthe foregoing decree the only decree entered in said cause; that no depositions were taken on behalf of either parties, plaintiff or defendant, but that said original and amended bills were taken for confessed as to your orators. 10. And your orators further represent that the said decree is erroneous and ought to be reviewed, reversed and set aside for many apparent errors and imperfections, among which are the following: (.Enumerate seriatim the errors of law apparent.) For all of which errors and imperfections in said decree, appearing upon the face thereof, your orators have brought this their bill of review to have the said decree reviewed and set aside and to thereby be relieved in the premises. Your orators, therefore, pray that the said W. S. D. and others, the defendants named in the caption hereof, may be made parties defend- ant to this bill and may be required to make full and direct answer to the same; that said decree may be reviewed, reversed and set aside and any further proceedings ceased thereon; and that your orators may have such other, further and general relief in the premises as equity may require, and to your Honor may seem meet. (Signed like an original bill.) CHAPTER XXIV DEMUEEEES GENERAL FORMS FOR CAUSES OF DEMURRER AP- PLICABLE IN MOST JURISDICTIONS Form No. 365 GENERAL DEMURREE TO THE WHOLE BILL FOR WANT OF EQUITY 1 (Title and Commencement.) That the plaintiff has not In and by his said bill made or stated such a case as entitles him, in a court of equity, to any discovery or relief against the defendant (or, against these defendants or either of them) as to the matters contained in said bill or any of such matters. ( Or thus : ) That the plaintiff has hot stated such a case as en- titles him to any relief in equity against the defendant. (Conclusion.) SPECIAL DEMURRERS TO THE JURISDICTION Form No. 366 (1) SUBJECT MATTER. ADEQUATE REMEDY; AT LAW (Title and Comm,encement.) That the plaintiff has a plain, adequate and complete remedy In the courts of common law for all matters of complaint set forth in his said bill. (Conclusion.) Form No. 367 (2) PERSON. WANT OF NEXT FRIEND OR GUARDIAN IN BILL BY INFANT (Title and Commencement.) That the plaintiff, who appears by his said bill to be a minor under the age of twenty-one years, has filed his said bill without any person being named therein as next friend or guardian. (Conclusion.) Form No. 368 (3) AMOUNT. SUM INVOLVED BENEATH DIGNITY OF COURT (Title and Commencement.) That it appears from the plaintiff's bill that without seeking to establish any right of a permanent or valuable nature, said bill in- 1 A short form prescribed by the Massachusetts Statutes. 520 DEMURRERS 521 volves an amount of money or property so small as to render it beneath the dignity of this Court to take jurisdiction of the cause therein, set forth. {Conclusion.^ SPECIAL DEMURBEBS TO THE SUBSTANCE Form No. 369 (4) WANT OF INTEREST IN THE PLAINTIFF ON BILL TO REDEEM (Title and Commencement.) That it does not appear by the plaintiff's bill that he has any right of redemption, or any other right, title or interest whatever in or to the property therein sought to be redeemed by him. (.Conclusion.) Form No. 370 (5) WANT OF PRIVITY (Title and Commencement.) That it does not appear by the plaintiff's bill that there is any such privity of interest between him and the defendant as to entitle him to the relief against the defendant therein prayed. (Conclusion.) Form No. 371 (6) WANT OF INTEREST IN DEFENDANT, WHO IS MERE SERVANT OR AGENT (Title and Commencement.) That it appears by the plaintiff's bill that this defendant was merely the servant or agent of his co-defendant, C. D., and has no right, title or Interest whatsoever in the subject matter of litigation therein set forth. (Conclusion.) Form No. 372 (7) WANT OF CLAIM OF INTEREST BY DEFENDANT IN BILL OF INTERPLEADER (Title and Commencement.) That the plaintiff has not in his said bill of interpleader shown any claim, right, title or interest whatsoever in this defendant in or to the fund in the plaintiff's hands, in respect to which this defendant ought to be compelled to interplead with his co-defendant, C. D. (Conclusion.) Form No. 373 (8) WRONG SPECIAL PRAYER WITHOUT A GENERAL PRAYER (Title and Commencement.) That the plaintiff has in his said bill specially prayed for a form of relief which cannot be granted, viz.: (stating it); and has failed to insert any prayer for general relief in said bill. 522 EQUITY FORMS Fonn No. 374 (9) WANT OF PABTICULAE ALLEGATION OF NOTICE IN BILL TO BEFOBM DEED (Title and Commencement.) That the plaintiff in his said bill has not alleged that the defendant took the deed therein sought to be reformed from C. D., the grantee of the plaintiff, with notice of the alleged mutual mistake between the plaintiff and the said grantee. (Conclusion.) Form No. 375 (10) WANT OF ALLEGATION THAT TITLE HAS BEEN PRE- VIOUSLY ESTABLISHED AT LAW IN BILL TO BESTRAIN NUISANCE (Title and Commencement.) That it does not appear from the plaintiff's bill that his title or right relative to the passage way obstructed by the defendant's wall mentioned in said bill, has ever been previously determined in an action at law or that there is any impediment to such an action being brought or that there ever was or now is any authentic record of such title or right. (Conclusion.) Form No. 376 (11) WANT OF OFFER TO PAY AMOUNT DUE ON BILL TO REDEEM (Title and Commencement.) That the plaintiff has not in his said bill offered to pay such an amount as may be found due upon the mortgage therein sought to be redeemed. (Conclusion.) Form No. 377 (12) WANT OF ALLEGATION OF PBOOF OF WILL AND QUAL- IFICATION AS EXECUTOR IN BILL BY LATTER (Title and Commencement.) That the plaintiff has not alleged in his said bill that the will of his testator has ever been proved or that he has ever legally qualified himself to act as executor thereunder. (Conclusion.) Form No. 378 (13) ALLEGATION OF MERE INFORMATION AND BELIEF OF FACTS (Title and Commencement.) That the plaintiff has averred his information and belief only of the matters contained In paragraphs 4 and 5 of plaintiff's bill and has failed to allege the same as facts. (Conclusion.) DEMURRERS 523 Form No. 379 (14) FOR WANT OF NECESSARY PARTY (.Title and Commencement.) That it appears from the plaintiff's bill that A. B., of , the personal representative of C. D., the testator therein named, is a neces- sary party to said bill, but no such representative has been named as a party thereto nor any reason given for the omission to make such representative a party. (.Conclusion.) Form No. 380 (15) FOR MULTIFARIOUSNESS (Title and Commencement.) That it appears by the said bill that the same is brought against the defendant and several other persons therein named as defendants thereto for distinct matters and causes, in several of which this defendant is not in any manner interested or concerned. (Or, that it appears that said bill embraces two several and distinct actions, relating to several and distinct matters, and founded on two several and distinct causes, which ought not to be joined together in one bill.) (Conclusion.) Form No. 381 (16) ON THE GROUND OF THE STATUTE OF LIMITATIONS (Title and Commencement.) That it appears by the plaintiff's bill that the debt which he therein seeks to satisfy was created more than (six) years (or other i statutory period) before the commencement of this or any other suit against the defendant upon the same and that if the plaintiff ever had any cause of action on said debt, it did not accrue within said (six) years and that the defendant has not at any time within said period of (six) years paid or promised to pay or satisfy said debt or any portion thereof or resided without the limits of this state, so as to take said debt out of the provisions of the (mention statute). (Conclusion.) Form No. 381a (16a) ON THE GROUND OF LACHES (Title and Commencement.) That if the plaintiff ever had any such claim or demand as he sets up in his said bill the same has long since been barred by the laches of the said plaintiff and his long delay in the premises, and he should not now be permitted to assert such claim in a Court of Equity. (Conclusion.) Form No. 382 (17) ON THE GROUND OF THE STATUTE OF FRAUDS (Title and Commencement.) That it appears by the plaintiff's bill that neither the contract which is therein set forth and which the plaintiff thereby seeks to '524 EQUITY FORMS enforce, nor any memorandum or note of said contract was ever re- duced to writing or signed by the party to be charged therewith, or any person thereunto lawfully authorized within the meaning of the (.mention statute). (Or, that the contract in said bill alleged to have been made with this defendant appears to be one for the sale of real estate, and it appears from said bill that such contract was not in writing nor was any note or memorandum thereof signed by this defendant, as required by law.) (Gonclution.) Form No. 383 (18) FOEMEE SUIT PENDING (Title arid Commencement.) That it appears from the plaintifE's bill that there is another suit now pending in the Court for the county of which involves the same cause of action as that set forth in said bill and which will afford the plaintiff the same relief as therein prayed. (Conclusion.) Form No. 384 (19) FAILUEE TO STATE PLAINTIFF'S BESIDENCE (Title and Commencement.) That the plaintiff's residence is not stated in his said bill. (Conclv^ion.) Form No. 385 (20) WANT OF CERTAINTY (Title and Commencement.) That the allegations contained in paragraphs 3 and 4 of plaintiff's bill are so vague, indefinite, ambiguous and uncertain that the defend- ant cannot ascertain the meaning thereof or obtain sufficient informa- tion therefrom as to the case which he is required to answer. (Conclusion.) Form No. 386 (21) WANT OF SPECIAI. PEAYER (Title and ComTnencement.) That it appears by the plaintiff's bill that the only relief therein sought is by way of injunction, yet the said bill contains no special prayer for the same. (Conclusion.) Form No. 387 (22) WANT OF PEAYEE FOE PEOCESS (Title and Commencement.) That the plaintiff's bill contains no prayer for process. (Conclusion.) Form No. 388 (23) WANT OF ANY SIGNATURE (Title and Com,mencement.) That the plaintiff's bill is not signed by himself or his counsel. (Conclusion.) DEMURRERS 525 Form No. 389 (24) WANT OF VERIFICATION TO BILL FOR INJUNCTION (Title and Commencement.) That although the plaintiff's bill prays for an injunction, it is not verified by oath. (Oonclusion.) Form No. 390 (25) WANT OF AFFIDAVIT DENYING COLLUSION ON BILL OF INTERPLEADER (Title and Commencement.) That although the plaintiff's bill is a bill of interpleader, he has not annexed any affidavit that the plaintiff does not collude with any of the defendants thereto concerning the matters therein set forth. (Conclusion.) Form No. 391 (26) DEMURRER FOR SEVERAL CAUSES 2 (Title.) The defendant demurs to the plaintiff's bill and for causes of de- murrer shown: 1. That the plaintiff has not alleged in his bill that his intestate died seized of the land referred to in the mortgage therein sought to be redeemed by said bill, or of any equity of redemption therein or of any right, title, or interest therein whatsoever, or that the right of redemption was in the plaintiff. 2. That it appears by the plaintiff's bill that it is necessary that the estate of the defendant's late wife, M. D. K., should be represented, but no legal personal representative of said M. D. K. is named in said bill or made a party thereto. 3. That the plaintiff has not in and by his said bill made or stated such a case as entitles him in a Court of Equity to any discovery or relief against the defendant, as to the matters contained in said bill or any of such matters. Form No. 392 GENERAL FORM OF PROTESTATION CLAUSES (Title and Commencement.) This defendant, by protestation, not confessing all or any of the matters and things in the plaintiff's bill of complaint contained to be true in such manner and form as the same is therein set forth and alleged, doth demur to said bill, and for cause of demurrer showeth that the (state causes of demurrer.) (Conclusion.) 2 See Dary v. Kane, 158 Mass. 376. 3 The protestation clause above given occurs in the early chancery forms and is still in use to some extent, but ih most of the jurisdictions is obsolescent. 526 EQUITY FORMS SPECIAL FORMS FROM VARIOUS STATES ALABAMA * Form No. 393 DEMUBREB FOB SEVEBAI. CAUSES (Title as in an original MU.) The demurrer of the defendant, C. D. And now comes the defendant, C. D., and demurs to the bill of com- plaint in this cause filed, and for grounds of demurrer says: 1. That the said bill of complaint is without equity. 2. That the said bill of complaint is multifarious, in that distinct causes of action are joined in one bill by plaintiffs altogether uncon- nected. 3. That it appears from said bill that X. is a necessary party to the action begun thereby, and he is not made a party to said bill. 4. That it appears from said bill that this defendant is an improper party thereto. Wherefore this defendant prays judgment whether he should be compelled to answer the said bill. E. F. Solicitor for Defendant, C. D. DELAWARE ^ Form No. 394 DEMTTEEEK TO BILIi FOE SPECIFIC PEEFOBMANCE IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE, IN AND FOR NEW CASTLE COUNTY C. H. E. \ vs. I Injunction Bill. G. W. P. J The demurrer of G. W. P., the defendant above named to the bill of complaint of the above named complainant. (Protestation clause, ending thus:) and for cause of demurrer shows: 1. That all parties necessary to a full and complete hearing and adjudication of the matters and things set forth in said bill of com- plaint, are not made parties defendant therein, but that one D. C, as appears from said bill of complaint is a necessary party thereto. 2. That D. C, a party who has filed his bill of intervention in this Court, and in this cause. Is not made a party co-defendant herein by i It is customary in the absence of some special reason for assign- ing grounds of demurrer, by successive demurrers, to join all grounds in one demurrer, and have them ruled on at once. But the objection that a defendant is an improper party may be set up only by that defendant himself. The plaintiff always has leave to amend after a demurrer is sus- tained, and now even if the demurrer is for want of equity. The above form is peculiar to the chancery practice of Alabama. s See bill. Form No. 85, ante, p. 76. The above form, although obtained from the practice of Delaware, Is available for use in general chancery practice. DEMUERERS 527 said complainant, although he has been recognized by this Court as being a party in interest in this cause. 3. That the said complainant has not in and by this said bill of complaint made or stated such a case as entitles him in a Court of Hiquity to the relief prayed for in his bill, or to any part thereof. Wherefore and for divers other good causes of demurrer appearing in said bill, this defendant doth demur thereto, and humbly demands the judgment of this Court whether it shall be compelled to make any other or further answer to said bill, and prays to be hence dismissed with his costs and charges in this behalf wrongfully sustained. X. Z., Solicitor for Defendant. (Rule 30 requires that defendant shall make affidavit that demurrer is not filed for purposes of delay, hut in this particular cause counsel for complainant waived affidavit.) FLORIDA 8 Form No. 395 DEMUBBEB IN THE CIRCUIT COURT, CIRCUIT OP FLORIDA, IN AND FOR COUNTY A. B. ^ vs. I In Chancery. Demurrer. C. D. J The demurrer of C. D., of defendant to the bill of com- plaint of , complainant therein. (Protestation clause, specifying grounds of demurrer.) Wherefore, and for divers other good causes of demurrer appearing in said bill of complaint, this defendant demurs to said bill, and to all matters and things therein contained, and prays the Judgment of this Honorable Court whether he shall be compelled to make any further or other answer to said bill, and prays to be dismissed with his rea- sonable costs In this behalf sustained. Y. Z., Solicitor for Defendant. (Annex affidavit of counsel that foregoing demurrer is well founded in law and is not interposed for delay.) ILLINOIS 7 Form No. 396 DEMUBBEB (Title.) The demurrer of S. & Co., defendant, to bill of complaint of H. H. P., plaintiif. (Protestation clause, specifying:) (1) The complainant has not in and by his said bill, made or stated 6 The above form is peculiar to the chancery practice of Florida. 7 The above form, although obtained from the practice of Illinois, is arailable for use in general chancery practice. 528 EQUITY FORMS such a cause as entitled him in a Court of Equity to any discovery or relief from or against tliis defendant, touctiing the matters contained in the said bill, or any of such matters. (2) And for a further cause of demurrer this defendant shows that it appears by the complainant's bill of complaint that the alleged owner of one-sixth of the premises therein described, whereof com- plainant claims to be the owner of five-sixths, is a necessary party to this said bill, and that other persons are necessary parties defendant to said bill, but the complainant has not made the said alleged owner of ^aid one-sixth part of the said premises, nor said other necessary parties, parties defendant to this said bill of complaint. (3) And for a further cause of demurrer this defendant shows that the said bill of complaint is vague, and uncertain in that it does not set forth in any paragraph thereof from whom said complainant acquired his alleged five-sixths interest in the premises described in paragraph one of his said bill, and especially the interest therein, additional to his original one-fourth thereof, mentioned in paragraph three of said bill. (4) And for a further cause of demurrer this defendant shows that the said bill of complaint is vague and uncertain in that it does not show in what manner the said alleged system of private streets and private alleys mentioned in paragraph seventh, were planned and laid out, and whether the defendant had any notice of the purpose thereof as therein alleged, nor who were the co-owners therein referred to. (5) And for a further cause of demurrer this defendant shows that the said bill is vague and uncertain in that it does not show In para- graph nine thereof, how many or which lots said complainant and his said co-owners disposed of, and to whoih, nor to whom they have made the grants therein mentioned nor how the same were made nor how the alleged reservations were made. Wherefore, and for divers other good causes of demurrer appearing in the said bill, this defendant demurs to said bill and to all the mat- ters and things therein contained, and prays the judgment of this Honorable Court whether it shall be compelled to make any other or further answer to the said bill, and prays to be dismissed with its rea- sonable costs in this behalf sustained. V. Z., Solicitor for Defendant, S. & Co. MAINE 8 Form No. 397 (a) FORMAL PARTS STATE OP MAINE {Name of County) ss. Supreme Judicial Court. In Equity. A. B. vs. C. D. The demurrer of C. D., the defendant to the bill of complaint of A. B. (.or, the joint and several demurrers of C. D. and E. F., defend- ants, etc.). 8 The above forms are peculiar to the chancery practice of Maine. DEMUKRERS 529 The defendant demurs to the plaintiff's bill and for cause of de- murrer shows. (Here insert the cause or causes of demurrer.) Wherefore the defendant demurs thereto and demands the judg- ment of this Court whether he shall be compelled to make any further or other answer to the said bill, and prays to be hence dismissed with his costs and charges in this behalf wrongfully sustained. E. F., Solicitor for Defendant. I certify that this demurrer is filed in good faith and is not intended for delay. E. F. Form No. 398 (b) DEMURRER TO PART OF BILL AND ANSWER TO RESIDUE (Title.) The demurrer of C. D. to part and his_ answer to the residue of the bill of complaint of A. B. The defendant demurs to that part of the plaintiff's bill contained in paragraphs 3 and 4 and for cause of demurrer shows: 1. (Here insert cause of demurrer.) Wherefore the defendant demurs to such portion of said bill and demands the judgment of this Court whether he shall be compelled to make any answer to said parts thus demurred to. And as to the residue of said bill, the defendant answers and says: 1. (Here insert answer.) Form No. 399 (c) DEMURRER INSERTED IN ANSWER (Title.) The answer of the defendant, C. D., with demurrer inserted therein. The defendant demurs to the plaintiff's bill and for cause of demur- rer shows: (Here insert cause of demurrer.) (Conclusion.) The defendant answers to the plaintiff's bill and says: 1. (Here insert substantial portion of answer.) C. D. (or C. p. by E. F., his attorney). I certify that the above demurrer is filed in good faith and is not intended for delay. E. F. MARYLAND » Form No. 400 A. B. 1 vs. I In the Circuit Court of C. D. J To the Honorable, the Judge of said Court: The defendant, C. D., demurs generally to the bill of complaint 9 A general demurrer is used in this jurisdiction where the bill shows on its face want of equity. The special demurrer is used where one or more parts of the bill of complaint are defective and it is neceS' sary to set forth in detail the reasons for such special demurrer. The above form is peculiar to the chancery practice of Maryland. 530 EQUITY FORMS against him and others in this Honorable Court exhibited, and for reasons says: (Set forth reasons for demurrer.) E. F., Solicitors for Defendant. (Add regular form of affidavit hy the defendant that the demurrer is not interposed for the purpose of delay.) MASSACHUSETTS lo Form No. 401 DEMXTKBER TO CBOSS BILL (Title.) Now comes the complainant and not waiving his answer filed in this cause demurs to cross bill of defendants, P. M. B. and H. C. P., filed in this cause for the following reasons: 1. Said cross bill does not set forth a cause of action cognizable by a Court of Equity. 2. The relief prayed for in cross bill is not reciprocal and nothing in said bill of complaint brings into issue the matters and relief prayed for in said cross bill. 3. This Court has no jurisdiction of the issue pending in cause H. C. F. vs! F. J. B., No Law, Superior Court, Suffolk county, other than to delay or advance trial of same; and it is incompetent for this Court to determine by decree in this cause the issues pending in said cause No 4. The interjection of the issues set up and relief prayed for in cross bill makes the present cause multifarious. 5. The said cross bill changes the issue presented in the original cause in equity and adds to the trial of said issue a totally distinct issue in law already in itself the subject matter of a pending suit. W. B. U., His Attorney. I hereby certify that I am of opinion that there is such probable ground in law for the above demurrer as to make it a fit subject for judicial inquiry and that the same is not intended merely for delay. W. E. U. MICHIGAN 11 Form No. 402 (a) GENERAL DEMURRER STATE OF MICHIGAN THE CIRCUIT COURT FOR THE COUNTY OF G. A., Complainant, "| vs. I In Chancery. J. B., Defendant. I The demurrer of J. B., defendant, to the bill of complaint of G. A., complainant. 10 See bill. Form No. 182, ante, p. 223; answer. Form No. 499, post, p. 587. The above demurrer was filed to the cross bill. Form No. 340, ante, p. 494 and was overruled in the case in which it was filed. Special demurrers are not used in Massachusetts practice. 11 The above forms are peculiar to the chancery practice of Michigan. DBMURREES 531 The defendant says that the complainant has not stated such a case in his bill as entitles him to any relief in a Court of Equity for the following reasons: (State reasons briefly and plainly, e.g.) Because the said bill does not show that the complainant has any interest in the subject matter thereof. Wherefore, and for divers other good causes of demurrer appearing therein, this defendant demurs to the said bill and prays the judg- ment of this Court whether he shall be required to make any further or other answer thereto, and he prays to be hence dismissed with his reasonable costs in this behalf sustained. J. B., Defendant. E. F., Solicitor for Defendant and of Counsel. CERTIFICATE OF COUNSEL I hereby certify that I have the principal charge of this cause on behalf of the defendant, J. B., and that in my opinion the foregoing demurrer of J. B., defendant to the bill of G. A., is well founded in law and proper to be filed in the cause, and that the same is not interposed for delay. E. F., Of Counsel for Defendant. Form No. 403 (b) SPECIAL DEMUBBER (Title.) The demurrer of J. B., defendant, to the bill of complaint of G. A., complainant. The defendant says that the complainant has not stp,ted such a case in his bill as entitles him to any relief in a Court of Equity for the following reasons: Because it appears by said bill that the same is exhibited against this defendant and the several other persons therein named as defend- ants thereto, for divers distinct matters and causes, in several whereof, as appears by the said bill, this defendant is not in any manner inter- ested or concerned, and that this bill is altogether multifarious. (Or set up any other defect in form of Bill.) Wherefore, and for divers other good causes of demurrer appearing therein, this defendant demurs to the said bill and prays the judg- ment of this Court whether he shall be required to make any further or other answer thereto, and he prays to be hence dismissed with his reasonable costs in this behalf sustained. J. B. E. F., Solicitor for Defendant and of Counsel. (Add certificate of counsel as above under general demurrer.) NEW HAMPSHIRE ^^ Form No. 404 DEMUBBEB (Title.) The said T. L. says that the plaintiff is not entitled upon said bill 12 See Equity Rule 86 as to form of demurrers. The above form is peculiar to the chancery practice of New Hampshire. 532 EQUITY FORMS to the relief he prays for, because he had a plain and adequate remedy at law, and because (here set forth other grounds for demurrer, if any). NEW JERSEY i^ Fonn No. 405 IN CHANCERY OF NEW JERSEY Between "| T. H., Complainant, l On Bill, etc. And J A. D., et al. Defendants. The joint and several demurrers of A. D., D. Y. and M. L. Company, to the bill of complaint of T. H., complainant. (Protestation clause), and for cause of demurrer shows: 1. That the complainant has not, in and by his said bill, made or stated such a case as entitles him In a court of equity to any discovery from these defendants or any relief against them as to the matters contained in the said bill, or any of such matters. 2. Because the complainant has failed to show any necessity for prosecuting this action in his own name. 3. Because the said bill of complaint is, in divers other respects, insufficient. Wherefore, and for divers other causes of demurrer appearing in the said bill, these defendants do demur thereto, and humbly pray the judgment of this Honorable Court whether they should be compelled to make any further or other answer to the said bill, and pray to be hence dismissed with their costs and charges in this behalf most wrongfully sustained. E. P. & G. H., Solicitors for and of Counsel with Defendants above named. State of New Jersey, '■]■ County of Essex, ' ®^' E. P. of full age, being duly sworn according to law, says that he is the agent of the defendants in the foregoing demurrer named; that the same is not interposed for the purpose of delay, but in good faith for the causes therein set forth. E. F. Sworn to, (etc.). I certify that I have perused the complainant's bill in the above stated cause, and that the above demurrer is well founded in point of law. E. P. PENNSYLVANIA i* Form Ko. 406 (Title.) To the Honorable the Judges of the said Court: Demurrer of C. D., the defendant, to bill of complaint filed (or) separate demurrer of C. D., one of the defendants in the above cause. (Protestation clause), and for cause of demurrer shows: 1. That upon the face of said bill the plaintiff is not entitled to the relief claimed. 13 The above form is peculiar to the chancery practice of New Jersey. 1* As introduction, the bare words of Equity Rule 32 are often used, viz.: DEMURRERS 533 2. That this Couvt has no jurisdiction of said bill. 3. That upon the fape of the bill it appears that the defendant is not liable to the plaintiff in any way. 4. That the plaintiff's bill is defective for want of parties. X. Y. should be a party to said bill. 5. The bill is multifarious upon its face in that (reason). Wherefore and for other good causes of demurrer appearing on the face of said bill, the defendant demurs thereto and prays the judgment of this Honorable Court whether he shall be compelled to make answer to the said bill, and prays to be hence dismissed with his reasonable costs in this behalf sustained. M. N., Solicitor for Defendant. City and County of , ss. C. D., being duly sworn according to law, deposes and says that the ■ foregoing demurrer is not interposed for delay. C. D. Sworn and subscribed before me this day of , A. D. 19... K. L., (Seal) Notary Public. RHODE ISLAND '» Form No. 407 SPECIAL DEMUERERisa STATE OF RHODE ISLAND, &c. SUPERIOR COURT. A. E. W. I vs. l Equity No J. D. J The demurrer of the defendant, J. D. (Protestation clause), and for cause of demurrer showeth: First. It appears in and by said bill that complainant is not with- out relief in a court of law. "The defendant, C. D., demurs to the whole of the plaintiff's bill" (Or "to so much of plaintiff's bill") "and for causes of demurrer shows: — " Furthermore, according to Equity Rule 31 defendant may demur to part and answer to the residue of the bill. In such case use form above and to intrdduce answer the following is used viz.: "And without waiving my demurrer, for answer to the material allegations of the bill say:" or "Without waiving the benefit of the foregoing demurrer, the de- fendant in answer to the facts averred in said bill saith : " and close as follows: "Wherefore I pray your Honorable Court to dismiss the bill, with my reasonable costs in this behalf wrongfully sustained." For general demurrer, use forms of introduction and close noted above. The following has been sustained by the Court: "And for causes of demurrer avers "1. That the plaintiffs have not made or stated such a case as entitles them in a court of equity to any relief. "2. That for the grievances alleged in the bill there is a plain and adequate remedy at law." 15 See Rules of Practice of Superior Court, 26 R. I. xxix. Rule 21, as follows: "No demurrer in equity will be entertained unless the grounds of demurrer are specified therein." 15a This is a demurrer to a bill to restrain action at law. This 534 EQUITY FOEMS Second. It appears Dy said bill that complainant having taken excep- tion to rulings of a Justice of this Honorable Court, has an adequate and complete remedy at law by prosecuting a bill of exceptions to the Supreme Court. Third. It appears by said bill and the matters therein contained that exceptions having been taken by the complainant to the rulings of this Honorable Court as aforesaid, this complainant is not threat- ened with the levy of an execution and the sale of its property before it has had an opportunity to be heard in the Supreme Court upon the merits of its contention as to the validity of the services of the writ in the case at law of J. D. vs. The A. E. W. Fourth. It appears in and by said bill that a hearing has been held and a ruling of this Honorable Court made, with complainant's excep- tions thereto noted, upon exactly the same state of facts upon which he now bases his prayer for relief. Fifth. It appears by the matters in said bill contained and the facts therein set forth that complainant seeks to contradict a sworn return of an oflScer of this Honorable Court. Sixth. That complainant by its bill asks the interposition of a court of equity, basing its claim therefor upon questions of law and issues of fact, which are the same questions and issues which are now being litigated in the courts of this state between the same parties who now appear as parties to the bill. Wherefore and for divers other good causes of demurrer appearing in the said bill of complaint this defendant doth demur to said bill and to all matters and things therein contained, and prays the judg- ment of this Honorable Court whether he shall be compelled to make any further or other answer to the said bill, and he humbly prays to be hence dismissed with his reasonable costs in this behalf most wrongfully sustained. J. D. I, J. D., defendant in the above entitled xause, make affidavit and say that the above demurrer is not interposed for the purpose of delay. J. D. Subscribed and sworn to before me at Providence, in the coimty of Providence, this day of , 19. .. X. Y. Notary Public. I, M. N., solicitor for the above named defendant, certify that in my opinion the above demurrer is good in point of law. M. N. TENNESSEE '« Form No. 408 DEMT7BBER AND ANSWER (Title.) The demurrer of the defendant, J. S., to part, and his answer to the residue of the bill of complaint of J. B. demurrer was sustained and the bill dismissed. See Am. Elec. Works vs. De Vaney, 32 R. I. 292 (1911). The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 18 The above form is peculiar to the chancery practice of Tennessee. DEMUERERS 535 (Set forth the demurrer in the usual form, specifying the part of the Mil demurred to, and proceed.) And as to the residue of the bill, the defendant, not waiving his demurrer, but relying thereon, and saving and preserving to himself now and at all times hereafter all manner of benefit and exception which can be had to the residue of said bill, for answer to so much thereof, as he deems it material for him to answer, says: (Sere follows answer in usual form.) Wherefore, and for divers other errors in said bill contained, and appearing on the face thereof, this defendant does demur thereto; and he prays the judgment of this Honorable Court whether he shall be compelled to make any other or further answer to said bill; and he prays hence to be dismissed, with his reasonable costs, in this behalf sustained. T. L. W., Solicitor. VERMONT " Form No. 409 STATE OP VERMONT. County A. B. 1 vs. I In Chancery. C. D. J The answer and demurrer of C. D., defendant, to the bill of com- plaint of A. B., orator. (Protestation clause), and for cause for demurrer showeth, that the said orator has not in and by his said bill made or stated such a case as does, or ought to entitle him to any such discovery or relief as is hereby sought and prayed for from or against this defendant, and for further cause of demurrer showeth that the said orator is not entitled by the said bill to the relief he prays for, because he has a plain, complete and adequate remedy at law, wherefore this defendant de- mands the judgment of this Honorable Court whether he shall be compelled to make any further or other answer to the said bill or any of the matters and things therein contained, and he Insists upon his special defense in accordance with Rule 14 of the Rules of the Court of Chancery. (Here set out answer in full.) ^ WEST VIRGINIA Form No. 410 (a) STATUTORY FORM is IN THE CIRCUIT COURT OP COUNTY, WEST VIRGINIA. A. B., Plaintiff, i"| vs. I In Chancery. C. D., Defendant. J The defendant says that the bill Is not sufficient in law. J. H. M., Solicitor for Defendant. IT The above form is peculiar to the chancery practice of Vermont. 18 This form of demurrer or joinder therein. Is given in Code, Ch. 536 EQUITY FORMS Form No. 411 (b) COMMOK FORM, ASSIGNZNG GROUNDS (Title.) The defendant, C. D., demurs to the bill filed in this cause, and says that the same Is not sufficient in law; and for further cause of said demurrer assigns the following grounds: (.Here state grounds as- signed; e. g. That it appears from the said bill that your Honorable Court has no jurisdiction of the same.) E. F. G., Solicitor for Defendant. 125, § 28. The above form is peculiar to the chancery practice of West Virginia. Section 29 provides: "On a demurrer (unless it be to a plea in abatement) the Court shall not regard any defect or imperfection in the declaration or pleadings, whether it has heretofore been deemed mispleading or insufficient pleading or not, unless there be omitted something so essential to the action or defense that judgment accord- ing to law and the very right of the cause can not be given. No de- murrer shall be sustained because of the omission in any pleading of the words, 'this he is ready to verify,' or 'this he is ready to verify by the record,' or 'as appears by the record,' but the opposite party may be excused from replying, demurring or otherwise answering to any pleading which ought to have but has not such words therein until they be inserted. If nothing be alleged by the demurrant in support of his demurrer, the Court if it overrule the same shall state that fact in the order, and if final judgment be obtained in the cause by the party whose pleading is demurred to the same shall not be reversed by reason of any defect in the pleading so demurred to." In Hays vs. Heatherly, 36 W. Va. 613, the Court says the last sen- tence above, beginning "If nothing be alleged, etc.," relates only to common law actions. Cited approvingly in Janes vs. Farley, 76 S. B. 169. CHAPTER XXV PLEAS OENEBAL FOBMS FOR GROUNDS OF PLEAS ^ TO THE PERSON Fonn No. 412 (1) PLEA OF INFANCY TO BILL WITHOUT NEXT FRIEND OR GUARDIAN 2 (Title and Commencement.) That the plaintiff, before and at the time of filing his said bill, in which he appears as the sole plaintiff, was and now is an infant under the age of twenty-one years; namely of the age of nineteen years. (Conclusion.} Form No. 413 (2) PLEA OF INSANITY TO BILL WITHOUT GUARDIAN (Title and Comm.encement.') The plaintiff before and at the time of filing his said bill in which he appears as the sole plaintiff, was and now is an insane person legally found and declared to be such by inquisition. (Conclusion.) Form No. 414 (3) PLEA THAT PLAINTIFF IS NOT ADMINISTRATOR AS ALLEGED (Title and Commencement.) That the said C. D. is not the administrator of the estate of G. H., deceased, or the. legal representative of said G. H., duly appointed and qualified, as alleged in paragraph 3 of plaintiff's bill. (Conclusion.) Form No. 415 (4) WANT OP INTEREST IN PLAINTIFF (Title and Commencement.) That the plaintiff on the day of , 19. ., before the filing of his said bill assigned absolutely and unconditionally all his 1 The above forms are available for use in general chancery practice. 3 A plea which alleges that at the time complainant exhibited his bill he was an infant under the age of twenty-one years, to-wit, twenty years, is insufficient, for such plea should aver that complainant before and at that time of filing the bill was and now is an infant under the age of twenty-one years, that Is to say of the age of or there^ abouts. Moore vs. Moore, 74 N. J. E. 733 (1908). 537 538 EQUITY FORMS right, title and interest in and to the premises therein sought to be redeemed by him to one E. F. and now has no right, title or interest •whatsoever in the subject matter of litigation in said suit. (Conclusion.) TO THE BILL Form No. 416 (5) PLEA OF ANOTHER SUIT PENDING {Title and Commencement.) That on the first day of April, 19.., the plaintiff filed his bill in equity in the Court, for the county of ; . . . , against this defendant seeking therein to enforce the specific performance of the contract set forth in paragraph 1 of plaintifi's present bill and praying for the same relief upon the same matters and in the same manner and effect as in plaintiff's present bill, and this defendant appeared and answered to said former bill and the plaintiff filed his replication thereto but no further proceedings have been had thereon and said former suit now remains pending in said Court, undetermined and undismissed. < (Conclusion.) Form No. 417 (6) WANT OF NECESSAEY PARTY (Title and Commencement.) That one E. F., of , holds a valid mortgage for the sum of dollars upon the defendant's half interest in said real estate which the plaintiff seeks to have partitioned in his said bill and that the said E. F. is a necessary party in interest, and ought to be, but has not been made a party defendant to said bill. (Conclusion.) PLEAS IN BAR Form No. 418 (7) PLEA OF STATUTE OF LIHOTATIONS (Title and Commencement.) That the promissory note described in paragraph 1 of plaintiff's bill and which he seeks to satisfy by his said bill praying to reach and apply alleged property of the defendant which cannot be come at to be attached or seized on execution, was executed and delivered and plain- tiff's cause of action thereon, if any, accrued more than years before the commencement of this suit against the defendant upon the same and that the defendant has not at any time within said period of years paid or promised to pay or satisfy said note or any por- tion thereof, or resided without the limits of the state of so as to take said note out of the provisions of the (mention statutory pro- vision) for the limitation of actions and suits. (Conclusion.) PLEAS , 539 Form No. 419 (7a) ANOTHER FORM FOR PLEA OF STATUTE OF LIMITATIONS (Title and Commencement.) That if plaintiff ever had any cause of action against this defendant by reason of any of the allegations in his bill, or the matters therein mentioned, such cause of action accrued more than years be- fore the filing of said bill or the suing out of process thereon; and this defendant did not within said years promise or agree to pay to said plaintiff any sum of money or make to him any satis- faction by reason of the facts alleged in said bill. And the defend- ant says that if plaintiff ever had any such claim or cause of action against him, the same is long since barred by the statute of limitations and laches, and he should not now be permitted to assert them in a court of equity. (Conclusion.) Form No. 420 (8) PLEA OF STATUTE OF FRAUDS (Title and Commencement.) That neither the contract which is set forth in the plaintiff's bill, and which he thereby seeks to enforce, nor any memorandum or note thereof was ever reduced to writing or signed by the party to be charged therewith or any person thereunto lawfully authorized within the meaning of the (mention statutory provision) for the prevention of frauds and perjuries. (Conclusion.) Form No. 421 (8a) ANOTHER FORM FOR PLEA OF STATUTE OF FRAUDS (Title and Commencement.) That the contract in the plaintiff's bill alleged to have been made with this defendant appears to have been for the sale of certain real estate; and for plea thereto defendant says that no such contract or agreement, nor any note or memorandum thereof is or was in writing, nor was ever signed by him or anyone by his authority. (Conclusion.) Form No. 422 (9) PLEA OF RES ADJUDICATA (Title and Commencement.) That on the first day of June, 19.., the plaintiff filed his bill in equity in the Court seeking to redeem the premises described in paragraph 1 of plaintiff's present bill from the same mortgage de- scribed in paragraph 2 of said bill, praying relief by redemption against this defendant upon the same matter, in the same manner and to the same effect as in his present bill; and this defendant appeared and put in his answer to said former bill and therein alleged that said mortgage had been foreclosed by peaceable entry and possession for three years prior to the commencement of said bill to redeem; the plaintiff thereupon filed his replication to said bill, evidence was taken 540 EQUITY FORMS out and the cause heard, and a decree rendered thereon and signed, entered and filed on the 7th day of October, 19. ., dismissing the plain- tiff's said former bill with costs.a (Conclusion.) Form No. 423 (10) PLEA OF RELEASE SUPPORTED BY ANSWER DENYING ALLEGATIONS OF FRAUD * (Title and Commencement.) That the plaintiff on the day of , 19... in con- sideration of the sum of dollars to him paid by the defendant, by his instrument in writing of that date assigned and released to the defendant all his right, title and interest in and to the premises now sought to be foreclosed by the plaintiff in his said bill. (Conclusion as in regular form.) And this defendant, not waiving his said plea, but still insisting thereon for answer to said bill and in support of his said plea says: 1. The defendant denies that the said release was obtained by this defendant from the plaintiff by means of false and fraudulent repre- sentations, as alleged in paragraph 7 of plaintiff's bill, or that the said plaintiff was ignorant of the nature and effect of such release, but says that said release was obtained freely and without fraud and with full knowledge on the part of the plaintiff of the nature and effect thereof. 2. The defendant further denies that the sum paid by him to the plaintiff as the consideration for said release was grossly inadequate and insufficient, as alleged in paragraph 8 of said bill. (Conclusion.) Form No. 424 (11) PLEA OP ACCOUNT STATED AND SETTLED (Title and Commencement.) As to so much of the plaintiff's bill as seeks an account of all part- nership dealings and transactions between the plaintiff and defendant prior to January 1st, 19 . . , when the said partnership was voluntarily dissolved, the defendant pleads in bar and for plea says: That on the 10th day, of March, 19... before the filing of plaintiff's bill, the defendant made up and stated in writing a just and true ac- count of all partnership transactions, receipts and disbursements; all moneys received by the defendant for the benefit of said partnership funds, for his own use and benefit, and of all matters and things in respect to which an accounting is now sought by the plaintiff in his said bill; and the defendant delivered a copy of said account to the plaintiff and after a careful examination thereof the plaintiff approved 3 To make the plea more certain, the following may be added: "All of which will more fully appear from the record in said former suit, a copy of which record marked 'Exhibit A' is hereto annexed and made a part of this plea." See for precedent of plea of res adjudicata to bill to redeem, Flanders vs. Hall, 159 Mass. 95. * The plea of release need not be supported by answer unless the bill contains charges of fraud. PLEAS 541 and allowed the same, and the defendant paid to the plaintifi! the sum of dollars, which was the balance due the plaintiff as shown by said account, and the plaintiff received and accepted the same in full payment and satisfaction and settlement of said account, and thereupon, on the same day, gave to the defendant his receipt in writing signed by him in full of all claims and demands on the part of the plaintiff against this defendant. {Conclusion.) Form Ko. 425 (12) PLEA OF BONA FIDE PURCHASE FOE VALUE (Title and Commencement.) That on the 7th day of February, 19... this defendant's co-defend- ant, B. F., in consideration of the sum of dollars to him paid by this defendant, granted and conveyed to this defendant by his deed of that date duly acknowledged and recorded, the premises described in paragraph 1 of plaintiff's bill which the plaintiff therein asks to have reconveyed to him, and this defendant paid said sum, purchased said premises and took said conveyance without any knowledge or notice whatsoever of the plaintiff's claim that said E. F. obtained a conveyance of said premises from the plaintiff through fraud as alleged in paragraph 3 of said bill, or that the said conveyance was in fact so obtained, and without knowledge of the charges of fraud alleged in said bill or of any matters or things from which notice of such fraud might have been obtained, and this defendant avers that he is a iona fide purchaser of said premises for a good and valuable consideration without notice. (Conclusion.) Form No. 426 (12a) ANOTHER FORM OF THE PLEA OF BONA FIDE PURCHASE FOR VALUE (Title and Commencement.) That J. D. in plaintiff's said bill mentioned, was at and prior to the dates and execution of the indentures hereinafter in part set forth, seized and entitled in fee simple of the tract of land hereinafter men- tioned, of which tract of land the said J. D. was also in the quiet and uninterrupted possession and enjoyment; and he by his deed of con- veyance, duly executed and delivered by him to this defendant, on the day of 19. ., for the consideration of dol- lars, in current bank notes, which was on the same day paid to him in hand by this defendant, did bargain and sell and transfer and con- vey to this defendant in fee simple the tract of land aforesaid, to- wit: (Here describe it.) To have and to hold said tract of land to this defendant, his heirs and assigns forever. And this defendant avers that said purchase of said tract of land was made and the considera- tion thereof fully paid as aforesaid, and said conveyance taken all in good faith, and that this defendant had not, at the date of any of said several transactions, or at any time previously thereto, any notice of knowledge whatever of the supposed claim of the plaintiff to (here set forth the claim and conclude the plea osi in the general form). 542 EQUITY FORMS Form No. 427 (12b) ANOTHER FORM OF PLEA OF BONA FIDE PURCHASE FOR VALUE (Title and Commencement.) That this defendant, heretofore, to-wit, on the day of 19 . . , purchased the land in the plaintiff's bill mentioned and described from C. D., his co-defendant herein, in good faith and for a valuable consideration, to-wit, the sum of f , then and there paid to the said C. D., and that this defendant had no notice whatsoever of the claim of said plaintiff in and to said land, or to any equity or trust thereon, either at the time of his said purchase or thereafter until the filing of plaintiff's said bill, the said C. D. at the time of said purchase and at all times claiming to own said land free from any and all encumbrances, and said C. D. on said day of 19 . . , did make and execute to this defendant a good and sufficient deed for said land; wherefore to so much of plaintiff's bill as seeks a con- veyance to him of the said land in specific execution of the trust alleged in his favor in his said bill, this defendant pleads that he is a hona fide purchaser of said land for a valuable consideration and with- out notice of said trust, which he pleads in bar of said bill as to him. ( Conclusion. ) Form No. 428 (12c) ANOTHER FORM OF PLEA OF BONA FIDE PURCHASE FOR VALUE 8 (Title and Commencement.) That on the day of 19.., the defendant, C. D., was in the actual or constructive possession of the lands described in the bill and was seized or claimed to be seized in the transactions with this defendant with the legal title to said lands; that on said date he made a loan of money to the said C. D., and that contemporaneously therewith he took from him a mortgage to secure the repayment of said sum of money and the interest thereon; that before making said loan he required an examination of the records in the office of the of county by an attorney who reported that the title to said lands was in the said C. D.; that relying on these facts he made the loan and took the mortgage to secure the same; and at the time he made such loan and took the mortgage he had no notice of the plaintiff's equity and knew of no facts calculated to put him on inquiry, either at or before the time he parted with the money loaned or at or before the time he took the mortgage on the said lands to secure said loan. (Conclusion.) Form No. 429 (13) PLEA OF AN AWARD (Title and Com,mencement.) That on the 12th day of May, 19 . . , before the filing of plaintiff's bill, the plaintiff and defendant entered into an agreement in writing, » See McKee vs. West, 141 Ala. 531. PLEAS 543 by the terms of which the entire cause of action and issue presented by the plaintiff's said bill, namely, whether the fund of dollars then as now in the possession of the defendant, should be charged with a resulting trust in his hands for the benefit of the plaintiff, and all matters and things which are now the subject of litigation in the plaintiff's bill, were referred for arbitration and determination to one E. H., his award to be final and binding upon both parties, and pur- suant to said agreement, evidence was taken out and a hearing held before said arbitrator and on the 18th day of July, 19 . . , he made his award thereon in writing and announced the same to the parties, by the terms of which award this defendant was held to be lawfully en- titled to said fund for his own use and benefit which will more fully appear by the terms of said award, a copy of which marked "Exhibit A" is hereto annexed and made a part of this plea. (Conclusion.) Form No. 430 (13a) ANOTHER FORM OF PLEA OF AN AWARD {Title and Commencement.) That heretofore, to- wit, on the day of 19 . . , and previous to the filing of the plaintiff's bill, said plaintiff and this defendant agreed to submit all matters in controversy between them, including all the claims and demands set up in said bill, to three arbitrators, to-wit, E. F., G. H. and I. J., and by consent of both plain- tiff and defendant the submission of said matters to said arbitrators was entered of record in the Circuit Court of county, and a rule made that all parties should submit to the award which should be made; whereupon said three arbitrators proceeded to hear the evi- dence adduced by both parties, and having fully considered the same, on the day of , 19. ., made up and returned into said^ Court their award In writing of the matters so submitted to them, and by the same found and awarded that this defendant owed no sum what- ever to said plaintiff on account of such claims and demands, which award was on said last named date duly entered of record as the judg- ment of said Circuit Court of county; defendant further avers that all the several matters alleged in the plaintiff's bill were included in the aforesaid submission to arbitration, and all such claims were disallowed by said award, and that said award has hitherto been and still remains uniippeached and in full force and effect. Wherefore, defendant pleads said award In bar of the plaintiff's said bill. (Conclusion.) GENERAL FORMS FOR FORMAL PARTS OF FLEAS Form No. 431 GENERAL FORM FOR PROTESTATION CLAUSE 7 (Title and Commencement.) This defendant by protestation, not confessing or acknowledging all or any of the matters and things in said complainant's bill of complaint contained, to be true in matter and form as the same are therein set 7 The protestation clause in a plea is in most jurisdictions obsoles- cent, as it Is in demurrers. The above form is available for use in general chancery practice, wherever such clauses are in use. 544 EQUITY FORMS forth and alleged, in his own proper person comes and says that this Court ought not to have or take further cognizance of the bill in this case, because he says that (etc.). (Specify grounds of plea.) (Oonclusion.) Form No. 432 FLEA TO FABT AND ANSWEB TO KESIDUE s (Title.) The plea of C. D. to part and his answer to the residue of the bill of complaint of A. B. The defendant pleads to that part of plaintlS's bill which seeks (here set forth the matter pleaded to) and for plea says: (Here insert ground of plea.) All of which matters and things the defendant avers to be true and prays the judgment of this Court whether he shall be compelled to make any answer to said part thus pleaded to. (Conclusion.) Form No. 433 DEMURRER TO ONE PART, PLEA TO ANOTHER AND ANSWER TO RESIDUE (Title.) The demurrer of defendant, C. D., to one part, his plea to another and his answer to the residue of the bill of complaint of A. B. The defendant demurs to that part of the plaintiff's bill which seeks (etc.), and for cause of demurrer shows: (Here insert cause of demurrer.) (Conclusion.) And the defendant, C. D., not waiving his said demurrer but wholly relying thereon, pleads to that part of the plaintiff's bill contained In paragraphs 5 and 6 and for plea says: (Here insert ground of plea.) (Conclusion.) And the defendant, C. D., not waiving his said demurrer and plea but wholly relying and insisting thereon answers to the residue of said bill, and says: (Here insert answer.) (Conclusion.) Form No. 434 PLEA INSERTED IN AN ANSWER (Title.) The answer of the defendant, C. D., with plea inserted therein. The defendant pleads to the plaintiff's bill and for plea says: (Here insert the ground of the plea.) ( Conclusion. ) The defendant answers to the plaintiff's bill and says: 1. (Insert denials and allegations of answer.) C. D.' (or C. D., by E. F., his attorney.) 8 The above forms are available for use in general chancery practice PLEAS 545 SPECIAL FORMS OF PLEAS FROM VARIOUS STATES ILLINOIS 9 Form No. 435 (a) PLEA TO THE JURISDICTION (Title and Commencement with protestation clause.) Before and at the time of the commencement of this suit, the said J. P. W. and M. L. P., the major part of said defendants, were and ever since have been, and still are, residents of Chicago, in the county of Cook and state of Illinois, and have not resided in said county of Ogle; and that neither the said J. P. W., nor the said M. L. P., nor the said H. S., have been found in the said county of Ogle, or served with said action therein. And the said defendants further say, that said suit does not affect real estate in said county of Ogle, and that the execution in the hands of the said J. A. H., Sheriff, the collection of which the said complainants through their said bill have prayed might be restrained by injunction, was issued on a judgment" rendered by the Circuit Court of Cook county; and that the judgment, the collection of which the complainants in their said bill have prayed might be restrained by injunctioa, was also rendered in the Circuit Court of 9 This is a plea to the jurisdiction taken from Lester vs. Herrick Stevens, 29 111. 155. This plea was held by the Supreme Court to be defective, in view of the facts in the case. It does not sufficiently show the residences of the defendants, etc. The Supreme Court says: "At the time this plea to the jurisdiction of the Court was filed, there were four defendants, one of whom, the Sheriff of Ogle, had been brought in and made a party by the amended bill. The plea avers that W. and P., 'the major part of said defendants,' reside in Cook county. The averment that two Is the major part of four does not make it so; nor does the setting of a plea down for hearing, admit that which can not be true. Now, our statute says, that the suit shall be com- menced in the county where the defendants, or a major part of them, reside. This, if it were possible to raise the question, would put beyond the jurisdiction of any court a vast number of suits where there are several defendants, for it is very common that a major part of the defendants do not reside in any one county; and but for the rule that every plea to the jurisdiction must give a better writ, and show affirmatively that some other court can take jurisdiction, there would be a failure of justice in such cases. In order to make this plea good, we must find in it the facts which would give some other court jurisdiction. We only learn from the plea that two of the four de- fendants reside in Cook county. This is not sufficient to give that Court jurisdiction under the statute, any more than the residence of the other two in Ogle, would give that Court jurisdiction. It gives the party no better writ, and he may stay where he is, till he is shown a better one. * * * "The next objection is that this bill is a bill to restrain the collection of a judgment rendered in the Circuit Court of Cook county. If this were the primary object of the bill, it would undoubt- edly be fatal to the jurisdiction of the Court, but it is not so where the principal object of the bill is for other relief, and the stay of the col- lection of the judgment is incidental or auxiliary, and for the purpose of making the relief complete for which the bill is filed; and for the purpose of determining these questions, even on such a plea as this, we must look into the bill itself. If the plea avers that there are but three defendants, or that two Is a major part of the defendants, which 546 EQUITY FORMS Cook county. And that said bill, being in effect to stay proceedings at law in Cook county, should have been filed in the ofllce of the Circuit Court of the said county of Cook, the record of the proceedings on said judgment being in that office. And the said defendants further say that there is a Circuit Court of said Cook county -within and for said county of Cook which has jurisdiction of the persons of the said J. P. W., M. L. P. and J. S., defendants, and which may lawfully have and take cognizance of said supposed causes set forth and stated in said bill of complaint.- Wherefore these defendants aver and plead said matter to the jurisdiction of this Court in this case, and pray the judgment of this Honorable Court whether they should be compelled to make any fur- ther answer to the said bill, and pray to be hence dismissed with their reasonable costs and charges in this behalf most wrongfully sustained. Form N"o. 436 (h) PLEA OF ANOTHER ACTION PENDING" (Title.) The plea of G. A. S. and L. R., two of the defendants to the bill of complaint in the above entitled cause: (Protestation clause), and for plea say: That the Circuit Court of Cook county is without any power or right to hear and adjudicate upon the matters and things set forth in the said complainant's bill, because the Superior Court of Cook county had at the time the bill of complaint in the above entitled cause was filed acquired full and complete jurisdiction over the matters and things charged in the bill of complaint in the above entitled cause; and that the said Superior Court still has full and complete jurisdic- tion over all the matters and things charged in the bill of complaint in the above entitled cause, in an action therein still pending: (Here state proceedings in the said first action, giving full copy of original bill, answer and other pleadings.) All of which matters and things these defendants, G. A. S. and L. P. R., aver to be true and plead the same to the whole of said bill and demand the judgment of this Honorable Court whether they ought is the same thing, in substance, that averment in the plea cannot avail against the fact that there is on the face of the bill manifestly four defendants; and so when we can see that the principal objects of the bill are other than the stay of the execution, and that it is but the incident, the averment of the plea to the contrary cannot avail." The provisions of the Chancery Act, Chap. 22, relating to jurisdic- tion of courts of chancery, is as follows: "Sec. 3 Venue: Suits in chancery shall be commenced in the county where the defendants, or some one or more of them resides; or if the defendants are all non-residents, then in any county; or if the suit may affect real estate, in the county where the same or some part thereof is situated. Bills for injunctions to stay proceedings at law shall be brought in the county in which the proceedings at law are had." The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 10 Plea taken from Haas vs. Righeimer, 220 111. 193. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. PLEAS 547 to be compelled to make answer to the said bill of complaint and pray to be hence dismissed with their reasonable costs in this behalf most wrongfully sustained, and that said bill of complaint in the above entitled cause be forthwith dismissed out of this Court. G. A. S. and L. R. F., Defendants. D. K. T. and M. I.; Solicitors. [Affidavit.) MAINE Form No. 437 FLEA TO WHOLE BILLu STATE OF MAINE (Name of County) ss. Supreme Judicial Court. In Equity. A. B. vs. C. D. The plea of defendant, C. D., to the bill of complaint of A. B. (or, the joint and several pleas of the defendants, C. D. and E. F., etc., as the case may 6e). The defendant pleads to the ' plaintiff's bill, and for plea says: (Here insert the ground of the plea.) All of which matters and things this plaintiff avers to be true and pleads the same in bar (or in abatement, as the case may he) to the plaintiff's bill and prays the judgment of this Court whether he shall be compelled to make any further or other answer to the said bill and prays to be hence dismissed with his costs and charges in this behalf wrongfully sustained. E. F., Solicitor for Defendant. I certify that this plea is true in fact, filed in good faith and not intended for delay. E. F. STATE OF MAINE ss. ,19... Then personally appeared C. D. and made oath that he had read the above plea and knows the contents thereof, and that the same is true of his own knowledge except the matters stated on his Information and belief and that as to those matters he believes them to be true. Before me, X. y.. Justice of the Peace.12 I II The above form is peculiar to the chancery practice of Maine. 12 Where the plea sets fonh matter of fact not stated in the bill which can only be sustained by proof than that of a statute or record, the defendant must make oath to the truth of the facts which he thus sets up as a defence. This oath may be made by an attorney instead when it can be done of his knowledge, and in such case the certificate of good faith and oath may be combined in one affidavit. 548 EQUITY FORMS MARYLAND is Form No. 438 PLEA TO THE JUEISDICTION IN ABATEMENT J. W. S. I vs. y In the Circuit Court for Washington County. G. T. G. J G. T. G., the above named defendant, specially appearing under pro- test in his own proper person for the purpose of this plea and for no other, says that this Court ought not to have or take further cognizance of this suit for the reason that the supposed causes of action and each of them (if any such have accrued to the plaintiff) accrued to the said plaintiff out of the jurisdiction of this Court, and within the jurisdic- tion of the courts exercising common law jurisdiction in Baltimore city, in the state of Maryland; because the plaintiff further says that he does now and did at the time of the accruing of said supposed causes of action and the bringing of this suit and for many years before reside in Baltimore city, aforesaid, and is and was at said times a citizen thereof and that no return of non est has been made by either the Sheriff or the Coroner of said city of a summons issued against him therein, and that he hath not absconded from justice in said Baltimore city nor at all; and that he does now and did at the time aforesaid and for many years before carry on his regular business in said city, and does not now, nor did he at the time of the bringing of this suit reside in Washington county or carry on any regular busi- ness or habitually engage in any avocation or employment in said county, according to the true intent and meaning of Section 132 of Article 75 of the Code of Public General Laws of Maryland, and this the defendant is ready to verify; wherefore insisting upon his exemp- tion from suit in this Court and saying that the courts of common law jurisdiction in Baltimore city will not have jurisdiction in the prem- ises, he prays judgment whether this Court can take further cognizance of this suit against him in this Court. G. T. G. State of Maryland, i Washington County. J '^°-'^^*-' I hereby certify that on this 19th day of January, 19 . . , before me , Clerk of the Circuit Court for Washington county, personally appeared, G. T. G., the above named defendant and made oath in due form of law that the above plea is true in substance and in fact. X. Y.. Clerk. MASSACKUSETTS Form No. 439 PLEA IN ABATEMENT 1* (Title as in an original hill.) The defendant, J. H., Administrator of S. H., deceased, for plea in abatement to this cause, says that he was appointed and qualified as 13 The above form is peculiar to the chancery practice of Maryland. 14 Pleas to the jurisdiction are rare in Massachusetts practice. PLEAS 549 such Administrator by the Probate Court for the county of Barnstable on the seventh day of January in the year 19.., and within one year before this suit was brought. Wherefore he prays judgment of the Court whether he shall answer further. By his solicitor, H. A. MICHIGAN 15 Form No. 440 PLEA TO THE JUBISDICTION (Title as in an original Mil.) The plea of J. B., defendant (or, one of the defendants) to the bill (or amended bill) of complaint of G. A., complainant (if more than one defendant and any do not join in the plea add) filed against this defendant and B. F. and G. H., as defendants. (If more than one defendant join in the plea, commence:) the joint and several plea of J. B. and E. F., defendants (etc.). (Protestation clause.) At the time of the filing of the said bill of complaint of the said complainant neither of the parties in interest in the subject matter of the said bill, either as defendants or complainants, resided or now reside, in the said county of that is to say, the said defend- ant, J. B., then resided and still resides in the county of in the state of Michigan, and the defendant, E. F., then resided and still resides in the county of , in the state of ; and the said complainant then resided and still resides in the county of in the state of Michigan, and that the subject matter of the said bill is not local and does not in any manner relate to nor affect any lands or real estate situate in said county of in which the said bill of complaint is exhibited. All which matters and things this defendant avers (or these defend- ants aver) to be true, and he pleads (or they plead) the said (stajtute or release or whatever the matter in bar m^y be) to the said bill of the said complainant (or if to a part only, to so much of the said bill as is hereinbefore particularly mentioned), and prays (or pray) the judgment of this Honorable Court whether he (or, they) ought to be required to make any other or further answer to the said bill (or, to so much of the said bill as is herein pleaded unto), and prays (or pray) to be hence dismissed with his (or, their) reasonable costs and charges in this behalf most wrongfully sustained. J. B. X. y., Solicitor and of Counsel for Defendant. CERTIFICATE OF COUNSEL I hereby certify that in my opinion the foregoing plea of J. B., de- fendant (or, of J. B. and E. F., defendants), to the bill of complaint Lack of jurisdiction is usually taken advantage of by demurrer. The above form is, however, obtained from the chancery practice of Mas- sachusetts. 15 The above forms are peculiar to the chancery practice of Michigan. 550 EQUITY FORMS of G. A., complainant, is well founded in point of law and is proper to be filed in the above cause. X. Y., Of Counsel for Defendant, J. B. (Or, for Defendants, J. B. and E. F.) AFFIDAVIT State of Michigan, ) County of | ®^- J. B., the defendant in the foregoing plea named, being duly sworn says (or, J. B. and E. F., the defendants in the foregoing plea named, being severally duly sworn, say) that he has (or, they have) heard read the foregoing plea to the bill of complaint of G. A., complainant, and knows (or, know) the contents thereof, and that the same is not inter- posed for the purpose of delaying the said suit or any proceedings therein and that he knows or has good reason to believe (or, they know or, have good reason to believe or, that this defendant, J. B., knows and this defendant, E. F., has good reason to believe) that the same is true in point of fact. J. B. Subscribed and sworn to before me this day of , A. D. 19... X. Y., Notary Public. County, Michigan. NEW HAMPSHIRE is Form No. 441 (a) PLEA TO THE JTJEISDICTION (Title.) Plea of the N. H. T. Company. 1. The said defendant says that the N. Y. S. Company, a New York corporation, organized and existing under the laws of the state of New York, is a necessary party to this cause as appears by the plaintifE's bill and amendment thereto in this cause; that said N. Y. S. Company Is not now within the jurisdiction of this Court, nor has it been brought within its jurisdiction or in any way served with process in this suit so that this Court has jurisdiction in personam of it or in rem against any of its property, because at the time of the commence- ment of this suit, and at the time when attachment of the goods and estate of said company was attempted on the writ sued out by the plaintiffs in this action, and at the time when service of the writ of subpoena issued therein was attempted to be made upon said company that defendant was not nor has it ever been an' inhabitant of or found in the state of New Hampshire, but ever was and now is an inhabitant of and found in the state of New York, and it has not been served with process in the state of New Hampshire, nor has any of its property been attached on said plaintifE's writ, nor had said R. C. L. Company then or since in its hands or possession any moneys, goods, chattels, 18 The above forms, although obtained from the practice of New Hampshire, are available for use in general chancery practice. PLEAS 551 rights or credits whatsoever of said defendant, nor was said defendant, at the date of the pretended attachments aforesaid, nor has it been since, nor is it now doing business in this state, nor had it then or since, nor has it now any property whatever in this state, nor had it then or since, nor has it now any clerk, cashier, treasurer or director, trustee or manager in this state, and the said company did not have when this suit was commenced and has not had at any time since the commencement of this suit any principal or other member, or stock- holder in this state, nor any agent, overseer, or any person in this state having the care of any property belonging to it or in charge of its business or any of it, and it has not waived, nor does it waive service of process. All of which matters and things this defendant avers to be true, and is ready to maintain and prove. 2. In and by the plaintiffs bill of complaint in this cause it is made apparent that such relief is demanded against the several defendants, that if any relief against this defendant was granted it would operate inequitably, unjustly and with extreme and inequitable hardship upon this defendant, and that without jurisdiction over the said T. Company the Court can give no equitable relief inl this cause in favor of any party against any party. Wherefore it prays judgment if the Court ought tp further entertain or take cognizance of this cause, and prays that the plaintiffs' bill be dismissed. N. H. T. Co., By S. W. E., its Solicitor.iT Form No. 442 (b) PLEA OF BONA FIDE PURCHASER TO BILL TO FORECLOSE MORTGAGE The said T. M. says that on the day of , 19. ., he loaned to said T. D. the sum of $600, and the said T. D., to secure the payment thereof, made and executed to him his promissory note, of that date for said $600 and interest in one year, and executed and delivered to him a good and sufficient deed of mortgage of said prem- ises in said bill mentioned, with condition that if said T. D. should pay to this defendant said sum of $600 and interest in one year, the said deed should be void, as by the said deed duly executed, acknowledged and recorded, and ready to be produced in said Court, appears. The said mortgage deed was duly recorded in the registry of deeds of said county of H., on the day of 19 . ., and the alleged deed of mortgage made by said T. D. to the plaintiff, was not left for record nor recorded in said registry until the day of ,19... 17 Equity Rules — "86. A demurrer or plea shall be entitled like an answer. A demurrer shall be in substance: 'The defendant says the plaintiff Is not entitled upon said bill to the relief (or discovery) prayed for, because,' etc. But the defendant, instead of filing a form- al demurrer or plea, may insist on any special matter in his answer, and have the same benefit therefrom as if he had pleaded the same or demurred to the bill." The general rule that pleas must be under oath is not affected by Rule 85, which by its terms is applicable only to answers. See Bassett vs. Company, 43 N. H. 249. 552 EQUITY FORMS And this defendant avers that said sum of $600 was paid by him to said T. D. in money, really and bona fide, and said deed or mortgage received and recorded without notice of the plaintiff's pretended title set forth in the bill, and without any reason to believe or suspect that any such loan or mortgage of said premises to the plaintiff had been made. NEW JERSEY is Form No. 443 PLEA IN ABATEMENT IN CHANCERY OP NEW JERSEY Between A. B., Plaintiff, And C. D., Defendant. V On Bill, Etc. PLEA The plea of the defendant, C. D., to the bill of complaint of A. B., plaintiff. (Protestation clause), says: (Here set forth the facts that defendant is a non-resident of the state of New Jersey; has not been served with process within the state of New Jersey, and that subject matter of action is not within the jurisdiction of the state of New Jersey.) Wherefore, this defendant himibly submits that this Honorable Court has not now and never has had jurisdiction over him in the premises, and that no decree can be entered against him in this suit, which is enforcible against him under the Constitution and laws of the state of New Jersey or under the Constitution and laws of the United States of America. All of which matters and things this defendant does severally aver to be true, and prays the judgment of this Honorable Court whether he shall be compelled to make any other or further answer to said bill, and prays to be hence dismissed with his costs and charges in this behalf sustained. X. Y., Solicitor for and of Counsel with Defendant. PENNSYLVANIA Answers are almost universally used instead of pleas in Penn- sylvania. RHODE ISLAND Answers are almost universally used instead of pleas in Rhode Island. 18 The above form is peculiaT to the chancery practice of New Jersey. To this plea must be attached the afBdavit of defendant or of his agent in the suit that the same is not interposed for the purpose of delay, but in good faith; also the certificate of counsel that he has perused complainant's bill and that such is well founded in law. Unless such affidavit and certificate are filed with the plea, the same may be treated as a nullity. (Chancery Act, § 22.) PLEAS 553 TENNESSEE i' Form No. 444 JOINT AND SEVERAL PLEA (Title.) The joint and several plea of John Doe and Richard Roe, to the bill of complaint of J. S. (Protestation clause and state grounds of the plea) ; and, therefore, the defendants pray the judgment of this Honor- able Court, whether it behooves them to make any other, or further answer thereto, than as aforesaid, and pray to be hence dismissed, with their reasonable costs in this behalf sustained. WEST VIRGINIA 20 Form No. 445 IN THE CIRCUIT COURT OF COUNTY, WEST VIRGINIA Rules, 19 . . . A. B. 1 vs. J. In Chancery. C. D. J The plea of C. D., defendant, to the bill of A. B., plaintiff, exhibited against him in said Court. The defendant says that (here set out body of plea). Wherefore, the defendant prays judgment whether ha shall be com- pelled to make further answer to said bill, and that he be dismissed hence with his costs and charges in this behalf expended. C. D. X. Y. Z., Sol. State of West Virginia, County of ' ^o-wit: C. D., the defendant named in the foregoing plea, being duly sworn, says that the facts and allegations therein contained are true, except so far as they are therein stated to be on information, and that so far as they are therein stated to be upon information he believes them to be true. C. D., Defendant. Taken, sworn to and subscribed before me this day of , 19... E. F., Notary Public. 19 The above form is peculiar to the chancery practice of Tennessee. 20 The above form is peculiar to the chancery practice of West Virginia. CHAPTER XXVI ANSWERS AND EEPLICATIONS ^ GENERAL FORMS FOR COMMENCEMENT OF ANSWERS Form No. 446 1. JOINT AND SEVEEAl ANSWERS The joint and several answers of C. D. and G. H., who answer and say: Form No. 447 2. FTJETHEE ANSWEE The further answer of C. D., who answers and says: Form No. 448 3. FUETHEE ANSWEE TO OEIGINAL BILL AND ANSWEE TO AMENDED BILL The further answer of C. D. to the plaintiff's original bill and the answer of C. D. to the plaintiff's amended bill, who answer and say: Form No. 449 4. BY PAETNEES The joint and several answers of C. D. and G. H., copartners in business under the firm name of D. & H., who answer and say: Form No. 450 5. BY SUEVIVING PAETNEE The answer of C. D., surviving partner of the firm of B. & D., who answers and says: Form No. 451 6. BY COEPOEATION The answer of the B. C. Company, a corporation duly existing by law, which answers and says: Form No. 452 7. BY TOWN, CITY OR COUNTY The answer of the inhabitants of the town (city or county) of , who answer and say: 1 Answers liepend so much upon the particular circumstances of each case as alleged in the bill, and follow the latter so closely, that only such answers will be here inserted as will illustrate the general principles which should govern in framing them. 554 ANSWERS AND REPLICATIONS -555 Form No. 453 8; BY PERSON MISNAMED IN THE BILL The answer of John Smith, in the bill called James Smith, who answers and says: Form No. 454 9. BY EXECTJTOE OR ADMINISTRATOR The answer of C. D., executor {or administrator) of the estate of E. F., deceased, who answers and says: Form No. 455 10. BY TRUSTEE IN BANKRUPTCY The answer of C. D., trustee in bankruptcy, who answers and says: Form No. 456 11. BY A MINOR The answer of C. D., a minor, under the age of twenty-one years, by G. H., his guardian, who answers and says: Form No. 457 12. BY INSANE PERSON The answer of C. D., an insane person, by G. H., his guardian {or by G. H. and K. L., his committee), who answers and says: GENERAL FORMS FOR FORMAL PARTS OF ANSWERS Form No. 458 GENERAL FORM FOR DEFENSIVE ALLEGATION IN ANSWERS TO MATTERS WHICH MIGHT HAVE BEEN TAKEN ADVANTAGE OF BY DEMURRER OR PLEA 2 And this defendant says that neither the contract which is set forth in the plaintiff's bill and which he thereby seeks to enforce, nor any memorandum or note thereof was ever reduced to writing or signed by the party to be charged therewith or any person thereunto lawfully authorized within the meaning of the statute in such case made and provided (give reference), for the prevention of frauds and perjuries, and the defendant claims the same benefit from this defense as if he had demurred to said bill therefor {or pleaded the same as the case may 6e). Form No. 459 GENERAL POEM FOR PRAYER FOR ISSUES TO JURY TO BE INSERTED AT END OF ANSWER WHEN DESIRED BY DEFENDANT Wherefore the defendant prays that issues of fact may be directed to be framed for the purpose of submitting to a jury the following questions : 1. {Here insert issues framed succinctly in separate paragraphs and numbered seriatim.) 2 In most of the states any matter of defence which may be raised by demurrer or plea may also be raised by simply stating such defence in one of the paragraphs of the answer. For forms for this purpose. 556 EQUITY FORMS Form No. 460 GENERAL FORM OF PROTESTATION CLAUSE (Oljsolesceut) This defendant now and at all times hereafter, saving to himself all manner of benefit and advantage of exception which can or may be had or taken to the many errors, uncertainties and other imper- fections in the said bill contained, for answer thereto, or to so much and such parts thereof as this defendant is advised it is material or necessary for him to make answer unto, answering says: (Here insert specific allegations in defense.) Fonn No. 461 GENERAL FORM FOR ANSWER AS A DEMURRER TO BILL OF COMPLAINT And this defendant further answering said bill of complaint submits to this Honorable Court that the complaint has not, as ap- pears by his said bill of complaint, made out any right to the relief thereby prayed, in that the complainant admits that he knew of the pendency of the said foreclosure suit, and as he alleges the return of service of subpoena upon the complainant, as a defendant therein showed a good and valid service on its face, as alleged In the said bill, and this defendant prays that she shall have the benefit of this defense by and through this answer as if this defendant had demurred to the complainant's bill of complaint, and that this answer be taken as and for a demurrer to the said bill of complaint. Form No. 462 GENERAL FORM FOR CONFEDERACY CLAUSE (Obsolescent) And this defendant denies all and all manner of unlawful combina- tion and confederacy, wherewith she is by the said bill charged, without this that any other matter, cause or thing in the com- plainant's bill of complaint contained, material or necessary for this defendant to make answer unto, and not herein and hereby well and sufficiently answered, confessed, traversed and avoided or denied, is true to the knowledge and belief of this defendant; all which matters and things this defendant Is ready and willing to aver, maintain and prove, as this Honorable Court shall direct; and prays to be hence dis- missed with her reasonable costs and charges in this behalf most wrong- fully sustained. Form No. 463 GENERAL FORM FOR DISCLAIMER (Title.) The disclaimer of the defendant, C. D., who disclaims and says: That he never had or claimed to have and does not now have or it is only necessary to refer to the special forms for different grounds of demurrer and plea given above and add thereto the words: "and the defendant claims the same benefit from this defence as if he had demurred to said bill therefor" (or "pleaded the same"). For example see the paragraph setting up the Statute of Frauds in an answer. ANSWERS AND REPLICATIONS 557 claim to have any right, title or interest whatsoever in or to the premises described in paragraph 2 of plaintiff's bill and which he therein seeks to have partitioned and thip defendant disclaims all right, title and interest in and to the said premises and every part thereof. Wherefore the defendant prays that the plaintiff's bill may be dis- missed with costs. Witness, C. D.s G. H. B. F., Solicitor for defendant.^ GENERAL FORMS FOR REPLICATIONS » Form No. 464 1. EAELY CHANCEEY FORM FOR REPLICATION (Title.) The replication of the plaintiff, A. B., to the answer of the de- fendant, C. D. This repliant saving and reserving unto himself any and all manner of advantage of exception to the manifold insufficiencies of the said answer, for replication thereunto saith that he will aver and prove his said bill to be true, certain and sufficient in the law to be answered unto, and that the said answer of the said defendant is uncertain, untrue, and insufficient to be replied unto by this repliant. Without this, that any other matter or thing whatsoever in the said answer contained, material or effectual in the law to be replied unto, confessed, and avoided, traversed, or denied is true. All which matters and things this repliant is, and will be ready to aver and prove as this Honorable Court shall direct, and humbly prays as in and by his said bill he hath already prayed. A. B., Plaintiff, By His Solicitor, E. P. 3 A disclaimer being intended to have the effect of a release should be signed by the defendant himself and witnessed by some disinterested person. * The following is another form for disclaimer: The disclaimer of C. D., one of the defendants to the bill of com- plaint of A. B. This defendant, saving and reserving to himself now and at all times hereafter all manner of advantage and benefit of exceptions and other- wise that may be had and" taken to the many untruths, uncertainties, and imperfections in the said bill of complaint contained, for answer thereunto or unto so much or such part thereof as is material for this defendant to make answer unto, answers and says that he does not '' know that he, this defendant, to his knowledge and belief, ever had, nor did he claim, or pretend to have, nor does he now claim, any right, title, or interest of, in, or to the estates and premises, situate, etc., in the plaintiff's bill set forth, or any part thereof; and this defendant does disclaim all right, title and interest to the said estate and prem- ises in, etc., in the plaintiff's bill mentioned, and every part thereof. {From this point the ending of an answer is used, followed Vy oath, unless waived in the hill.) •■ 5 Replications are no longer used in some of the states, e. g. Ala- bama. 558 EQUITY FORMS Form No. 465 2. SHORT FORM FOR REPLICATION (.Title.) The replication of the plaintiff, A. B., as to the answer of C. D. The plaintiff says that the allegations contained in uis bill are true and those In the defendant's answer are not true and this he is ready to prove. E. F., Solicitor for Plaintiff. Form No. 465a 3. FORM FOR PRAYER FOR ISSUES TO JURY, TO BE INSERTED AT END OF REPLICATION (Title.) And the plaintiff prays that Issues of fact may be directed to be framed for the purpose of submitting to a jury the following questions: 1. (Here insert issues framed succinctly in separate paragraphs and numbered seriatim.) SPECIAL FORMS FROM VARIOUS STATES ALABAMA 6 Form No. 466 (a) FORMAL PARTS TO ANSWERS (Title as in an original Mil.) The answer of C. D. to the bill of complaint of A. B. And now comes the defendant, C. D., and reserving all right of ex- ception to the bill of complaint of A. B. in this cause filed, for answer thereto says: 1. In answer to the first section of the stating part of the bill of complaint, this defendant says, etc. 2. In answer to the second section of the stating part of the bill of complaint this defendant says, etc. (And continue throughout the statements and interrogatories of the Mil requiring answer. Then pro- ceed as follows:) And this defendant further answering offers the following matters in defense to the claims and prayers of the said bill of complaint (Then set up as many different defenses as the defendant thinks may jointly or separately operate to defeat the plaintiff's Mil. Then end as follows : ) And this defendant denies all combination or confederacy with which he is charged in the said bill, and all other matters contained therein, necessary for him to answer and not herein already answered, denied, confessed or avoided, and prays to be hence dismissed with his costs in this behalf sustained. (Oath to the answer, when not waived in the footnote to the Mil, m,ust be attached.) » The above forms are peculiar to the chancery practice of Alabama. ANSWERS AND REPLICATIONS 559 Form No. 467 (b) FOEM FOR ANSWER OF GUARDIAN AD LITEM {Title as ahove.) The answer of defendant, C. D., by E. F., his guardian ad litem. And now comes E. F., appointed by decree of this Court to act as guardian ad litem for C. D., an infant defendant (or an insane defend- ant) in this cause; and for answer of the said infant C. D., to the bill of complaint says that the said C. D. is an infant of about years of age; and therefore in behalf of said infant denies each and every averment of the said bill of complaint, and prays that strict proof thereof be required by the Court. E. F., as Guardian ad litem for the infant defendant, C. D. Form No. 468 (c) FORM FOR ANSWER TO BE TAKEN AS CROSS BILL (Begin toitU answer complete as ahove, except the final prayer to be dismissed with costs, and then continue as follows:) And this defendant is entitled to affirmative relief in the premises against the plaintiff (or against certain other defendants to said bill; or against certain other persons connected with the matters set forth in said bill, namely X., Y. and Z., giving their residence if they are not already parties) and to that end prays that this his answer may be taken as a cross bill, to the extent of sections (here identify the sec- tions made the basis of the prayers of the cross bill) ; and would fur- ther show unto your Honor as follows: (Then add such additional matter as is appropriate to making out the right to the cross relief, dividing it into numbered sections liTce a bill, and follow it up with the prayers as in a bill. And if relief is asked against other defend^ ants to the original bill or against new defendants added to the cross bill, summons must be prayed for against such defendants to the cross bill; but no summons need be had against any defendants to the cross bill who were plaintiffs in the original bill.) (A footnote is necessary to a cross bill.) DELAWARE ^ Form No. 469 (1) ANSWER TO BILL FOR SPECIFIC PERFORMANCE (See bill. Form No. 85, ante, p. 76.) (Title as in an original biU.) The answer of G. W. P., the defendant above named. The said defendant now and at all times hereafter saving and reserving unto himself all benefit or right of exception to the said bill of complaint.of said C. H. E., for answer thereunto says: 1. This defendant admits that what is contained in the first para- graph of said bill is true. 7 The above forms, although obtained from the practice of Delaware, are available for use in general chancery practice. 560 EQUITY FORMS 2. This defendant admits ttiat what is contained in the second para- graph of said bill is true. 3. For answer to what is contained in the third paragraph of said bill, this defendant denies that said agreement therein mentioned, and set forth in the second paragraph of said bill, was accepted by the com- plainant; said defendant denies that the complainant arranged, or pro- ceeded to arrange with said defendant, for the purchase of said prop- erty in accordance with said terms; that said complainant, so far as the knowledge of this defendant extends, did arrange or proceed to arrange with anyone, for the purchase thereof, as alleged in said bill; that said complainant early in February notified said defendant that he was ready to comply with said agreement; said defendant denies that he delayed action on said agreement and denies that he afterward ex- pressed a desire that the whole purchase price should be paid in cash, as alleged by said complainant; and said defendant, in further answer to what is contained in said paragraph three of said bill, alleges that said alleged agreement or letter set forth in paragraph two of said bill, was never accepted by said complainant in said bill, or anyone for him, but that the said alleged agreement or letter was withdrawn by said defendant before any acceptance thereof by said complainant or anyone else; that said complainant never offered to purchase said farm of said defendant upon the terms set forth in paragraph two of said bill under the said alleged agreement or letter; that said com- plainant did, about two weeks after the said day come to see said defendant, and there did submit an offer to purchase said farm for himself or on behalf of some person or persons unknown to this defendant, upon the terms and in the words following, in writing, to-wit: (Here follows written offer to purchase.) said writing is now in the possession of said defendant and he is ready to produce the same in this Court; and the defendant says that when said offer to purchase said farm was made in writing to said defendant in the terms and words last set forth, the said defendant submitted the same to his counsel, X. Z., Esq., and as a result thereof, this de- fendant notified said complainant to come to B., on said premises, to see him, the said defendant (said defendant being paralyzed, and unable to go to said complainant) on the day following complainant's submission of said offer to purchase said farm, on the terms and con- ditions hereinbefore last set forth; and on said day said complainant did come to see this defendant, and then and there this defendant declined absolutely to sell said farm for the price and on the terms offered by said complainant, as aforesaid, as hereinbefore last set forth. 4. In answer to what is contained in paragraph four of said bill, this defendant denies that said complainant ever had or entered into or made any agreement with this defendant for the purchase of said farm and that said complainant never attempted to get said defendant to carry out any terms of any agreement made by this defendant; but he admits to be true all other matters contained in said paragraph four, as to the tenders made, and all other matters therein contained. 5. This defendant admits that what is contained in the fifth para- graph of said hill is true. ANSWERS AND REPLICATIONS 561 All of which matters and things this defendant is ready and willing to aver, maintain and prove, as this Honorable Court shall direct and humbly prays to be hence dismissed with his reasonable costs and charges. X. Z., Solicitor for Defendant. G. W. P. Form No. 470 (2) ANSWEE TO BILL TO ENFORCE CONSTRUCTIVE TRUST (See Un, Form JSfo. 1S9, ante, p. 164.) (Title.) The joint and several answers of V. S. F. (widow of W. M. F., de- ceased), and C. y. F. and A. M. F., minor children of the said W. M. F., deceased, and V. S. F., by their guardian ad litem, W. B. R., defendants, to the bill of complaint of I. S. W., G. I. W. and E. G. C. (surviving part- ners of the late firm of W. Son, F. and C). These defendants reserving to themselves all right of exception to the said bill of complaint, for answer thereto, say: 1. These defendants have been informed and admit that during the year 19. ., and for some time prior thereto, the said complainants were members of a certain partnership carrying on the grocery business in , and that the individual members of that firm were at that time the complainants, I. S. W., G. I. W., E. G. C. and W. M. F., trading under the name and style of "W. Son, F. and C." 2. The defendants have been informed and believe, that while the said firm was thus transacting business they gave credit to one R. T., of for a certain amount of groceries sold and delivered to him by the said firm, viz. : the amount of dollars, and afterwards, to-wit, on the day of 19 . . , received from the said R. T., three separate bonds with three separate mortgages, collateral thereto, on certain lots and houses in the city of Wilmington {describe bonds) ; that shortly after this time the said R. T. failed in his circum- stances and became unable to pay his debts; that while in such failing circumstances two writs of levari facias were issued from the Superior Court of the state of Delaware, sitting in and for New Castle county, tested at New Castle on the day of , 19. . (describe them). 3. These defendants are informed and admit that the sheriff of New Castle county, in pursuance of the authority contained in the said two writs of levari facias, did on the day of , 19. ., expose to public sale two separate lots with houses thereon, covered by the two unpaid mortgages of the said W. Son, F. and C. as second liens thereon. That the said lots with houses thereon thus put up for public sale, were on the day and year aforesaid purchased by the said W. M. F., a member of the firm aforesaid with funds furnished by the said firm, for that purpose, as a means of securing their unpaid claims and liens on each separate property, for the sum of dollars, for each separate lot and house greeted thereon. 4. These defendants are informed and admit that the sheriff of New Castle county, by deed executed under his hand and seal, as such sheriff, on the day of 19.., conveyed the two lots and houses, erected thereon, to the said W. M. F., his heirs and assigns, 562 EQUITY FORMS by the descriptions as set forth in the sheriff's deeds, recorded in the office (etc.), and as described in the bill of complaint; that the said deeds were made to W. M. F., solely as a matter of convenience to the parties concerned and not because the said W. M. F. had at any time any individual or other interest, in the said premises sold, than as a partner and member of the firm of W. Son, F. and C; that the said mortgages of the said W. Son, F. and C. were by the said sale satisfied and discharged, and that the said firm of W. Son, F. and C. became possessed of all the equitable Interest in the said two lots and houses erected thereon and purchased by the said W. M. F., in his own name and with the funds furnished by the said firm, and at the request of the said firm. 5. These defendants admit that the said W. M. F. afterwards, viz.: on the day of , 19 . . , died without having conveyed to the said firm the said real estate, purchased as aforesaid, or made any disposition of the same in favor of the said firm or otherwise and leaving to survive him his widow, V. S. F., and two minor children, C. Y. F. and A. M. F., three of the defendants above named. 6. These defendants further admit that the real estate so pur- chased by the said W. M. F. and paid for with the said partnership funds was then and there partnership property, and as such partnership property belongs as claimed by the bill of complaint to the surviving partners of the said firm of W. Son, F. and C, and the representatives, viz.: to the complainants in the bill of complaint for the purpose of devising, distribution and settlement among and between the said surviving partners and the representatives of the said W. M. F., the deceased member of the said firm; and that they, the said surviving partners, are entitled to have and possess themselves of the said prop- erty for distribution and division as aforesaid, and to that end are entitled to a decree of this Honorable Court for the sale of the real estate aforesaid, and the payment of the proceeds of the sale to the said surviving partners for distribution and division as aforesaid, or to such relief as your Honor shall see fit to give in the premises. All which matters and things these defendants are ready and willing to aver, maintain and prove as this Honorable Court shall direct, and humbly pray to be hence dismissed with their reasonable costs and charges in this behalf most wrongfully sustained. V. S. F. C. Y. F. and A. M. F., minor children of W. M. F., deceased. By their guardian ad litem, W. B. R. Form No. 471 (3) ANSWER TO BILL TO CANCEL RELEASE (See bill, Form No. 182, ante, p. 223.) {Title and Comm,encement.) 1. This defendant admits that said B. B. J. has instituted in the Superior Court of the state of Delaware, in and for New Castle county, an action at law against this respondent to recover damage for certain injuries in the declaration in said cause set forth, alleged to have been suffered by said B. B. J. on or about the second day of December, A. D. ANSWERS AND REPLICATIONS 563 19. . ; that leave was obtained of said Superior Court to prosecute said action by her next friend, A. J., and that the declaration was filed in said action as averred in paragraph 1 of the stating part of said bill of complaint. 2. Upon information and belief this defendant admits that, after receiving the said injuries, said B. B. J. was a patient under the care of Dr. P. R. P. and of Dr. J., but this defendant denies that the said P. or the said J. were at the time of their attendance upon said com- plainant mentioned in said biU of complaint, or prior to the said fourth day of February, A. D. 19 . . , employed by said defendant for said services to said complainant. This defendant, upon information and belief, denies all and sundry the other averments in said second paragraph of the stating part of said bill of complaint not herein specifically answered. 3. This defendant admits that one G. M. D. was engaged in attending to the settlement of the claim for injuries against said respondent ma'de for A. M. J., the mother of said B. B. J., and in behalf of the said B. B. J., who was a minor, and further says that the said G. M. D. was the only agent or representative of said company engaged in said settlement, and that the said F. R. P. was not, in fact, employed by or the agent of said company in effecting the said settlement, or the procuring of the release mentioned in said bill of complaint, and did not in fact assume to act as agent for said defendant company in said business. This defendant admits that on or about the second day of January, A. D. 19. ., a guardian was appointed for said B. B. J. in order that a release satisfactory to said defendant company might be given, and that upon the selection by said complainant, J. C. B. was duly appointed such guardian by the Orphans' Court of Sussex county. This defendant, upon information and belief, denies all other averments of fact set forth in said third numbered paragraph of the stating part of said bill of complaint. 4. Replying to the averments of fact in the fourth numbered para- graph of the stating part of said bill of complaint, this defendant says that on or about the fourth day of February, A. D. 19 . . , A. J., the faither of said complainant, A. M. J., the mother of said complainant, the said complainant, and J. C. B., guardian of said cbmplainant, executed a release to the said P. Railroad Company of all claim and demands which they or any of them can or may have against the said respondent company, or its successors, for or by reason of any matter, cause, or thing whatsoever, and more especially by reason of losses and damages sustained by them in consequence of personal injuries re- ceived by the said A. M. J., wife of the said A. J., and injuries received by the said B. B. J., minor daughter of the said A. J. and A. M. J., which were caused by the explosion of glycerine powder in a car of a train at Greenwood, in the state of Delaware, on December 2, 19 . . , which said release contained the statement that the said company, in paying the said sum of money, did so in compromise of said claim and demand so above released, not admitting any liability on account of the same; and the defendant says that the injuries mentioned in said release were the same injuries for damages for which said complainant by her next friend, A. J., instituted in said Superior Court the suit at law mentioned in the first paragraph of said bill of complaint; the 564 EQUITY FORMS consideration mentioned in said release was $3,400, which said sum was in fact paid to said releasors by said company on or about the time of the execution of said release, in full settlement of all damages for personal injuries of said A. M. J. and B. B. -J. received and caused by or on account of said explosion; said defendant paid said sum with- out distributing the same by any act, suggestion or intention of said company as between the said A. M. J. and B. B. J.; and said company disclaims all responsibility for the proper distribution of said sum, and says that if the said sum of money so paid for said release was not duly distributed between said A. M. J. and B. B. J., proportionate to the several injuries of said claimants the said parents and guardian of the said B. B. J. were and are solely responsible therefor; said release was duly executed and acknowledged by the releasors mentioned therein and they executed the same, without any false representations of any nature, kind or degree by this company, or by any of its representa- tives; said money was paid by said company and said release so executed as aforesaid upwards of two months after the said alleged injuries to the said B. B. J., and after treatment of the said B. B. J. by physicians of the choice of the said B. B. J. or her natural or appointed guardians; and the document says that it was incumbent upon the said B. B. J., or her natural or duly appointed guardians as aforesaid, before the execution of said release, to have ascertained on their own account the extent of the injuries to the said B. B. J.; and that no act or suggestion of said company or by anyone in its behalf caused the execu- tion of said release except upon the full, free and uninfluenced choice or election of the said releasors mentioned therein; and this defendant further says that in the execution of said release or the circumstances leading thereto there was no element of bad faith, breach of confidence, misrepresentation, culpable concealment, or other like conduct amount- ing to actual or constructive frauds on the part of this defendant or any person representing it. 5. This defendant, upon information and belief, denies all the aver- ments of fact set forth in the fifth numbered paragraph of the stating part of said bill of complaint. 6. This defendant says that said release ought to be pleaded to, put in evidence, and made use of in said actions at law mentioned in said bill of complaint, and denies that the same was executed under a mutual mistake of material facts, and admits that said defendant claims full benefit of said release or instrument and intends to set up the said release or instrument in bar of said action. And this defendant further says that by said use of said release said defendant will not obtain any unfair advantage over said complainant or make any legal proceedings an instrument of injustice, and that the use of said release will not subject said complainant to any damage or injury. Form No. 472 (4) ANSWER TO BILL TO CANCEL INSTRUMENT (See Un, Form No. 181, ante, p. 223.) {Title and Commencement.) 1. The defendant says that it is true that the said J. M. N. on October fifth, A. D. 19. ., executed and delivered to the said complainant ANSWERS AND REPLICATIONS 565 a certain bond with warrant of attorney thereto attached, for the real debt of two thousand dollars payable on or before October sixth, A. D. 19. ., and that on October eighth, A. D. 19. ., judgment was duly entered on said bond in the Superior Court of the state of Delaware, in and for New Castle county ; said judgment being numbered as of September Term of said Court, A. D. 19 . . ; that subsequently a writ of fieri facias issued out of said Court upon said judgment and was delivered to the sheriff of New Castle county aforesaid, said writ being No to the September Term of said Court, A. D. 19 . . . That under and pursuant to said writ the said sheriff levied upon and took In execution certain goods and chattels of the said J. M. N., as by the in- ventory and appraisement annexed to the return of said writ fully appears, and that nothing was ever paid by the said J. M. N. on said writ or judgment to the said M. N.; but the said defendant does not know and cannot set forth as to its belief or otherwise whether or not the said complainant had knowledge, prior to August 28, A. D. 19.., that said judgment had been entered or whether she was informed by said M. C. T. and J. M. N. of the facts as in said paragraph 1 isi al- leged. 2. The defendant admits that the allegations in paragraphs 2, 3, 4 and 5 of said bill of complaint are true. 3. The defendant in answer to the allegations of said complainant in paragraphs 6, 7, 8, 9 and 10 of said bill of complaint, so far as the same relate to the act, deed or knowledge of the said defendant, denies the same and every part thereof. 4. The defendant in further answer to said bill of complaint, says that at and prior to August 26, A. D. 19 . . , the said J. M. N. was largely indebted to the said defendant for money loaned to him and for goods before that time sold and delivered to him; that about ten days prior to said twenty-sixth day of August, the said J. M. N. called on said defend- ant and represented that all of his goods and chattels had been seized upon and taken in execution and were advertised to be sold, and he then applied to said defendant for a loan of one hundred dollars; that defendant refused to make said loan unless said N. would give security for his then subsisting indebtedness to said defendant; that the said J. M. N. thereupon represented to defendant that the said M. N., his mother, held a judgment against him for two thousand dollars which she would assign and transfer to said defendant as security for the pay- ment of his said subsisting indebtedness and for the said additional loan of one hundred dollars; that on the said twenty-sixth day of August, the said C. K., who was then the general manager for the said defendant company, together with the said J. M. N. and P. L. C, Esq., went to the residence of the said J. M. N., and the said complainant, after being fully informed of all the facts, assigned and transferred the said judgment to the said defendant in words and figures as set forth in paragraph 2 of said bill of complaint, and the said J. M. N. then and there, and in her presence, received from said defendant the said sum of one hundred dollars. 5. On the said twenty-sixth day of August, the said judgment, pur- suant to said assignment was marked for the use of said defendant and afterwards defendant caused a writ of fieri facias. No to the November Term, 19. ., to be issued upon said judgment, directed to the 566 EQUITY FORMS sheriff of 'New Castle county, which said writ was returned by said sheriff "nulla iona," as in paragraph 4 of said bill of complaint is alleged. 6. At the February Term of the said Superior Court, A. D. 19. ., the said defendant commenced an action of covenant against said com- plainant upon her covenant in said paper writing, sealed with her seal and dated the said twenty-sixth day of August, A. D. 19.., for the recovery in said Court of the amount due said defendant from said complainant on said judgment assigned and transferred by said com- plainant to said defendant, as aforesaid. 7. The said defendant in addition to the foregoing answer avers that the said complainant, as the defendant in said action of covenant, in said Superior Court can make her full and complete defense, if any she have, in said action; and that in said Court a full and complete defense is provided by law, if any she have. And defendant respectfully submits that complainant has not in her bill shown any case in equity, or case entitling her to proceed against the respondent in this Honorable Court. And it prays all such benefit as if it had demurred to the said bill. Lastly. And defendant prays that it may be dismissed hence with its reasonable costs and charges in this behalf most wrongfully sus- tained. (Attached to the answer may 6e an affidavit in usual form.) Form No. 473 (5) ANSWEE TO BILL FOE ENJOINING PEIVATE NUISANCE (See bill, Form No. 200, ante, p. 251.) (Title and Commencement.) First. The said defendant admits the allegations set forth in the first paragraph of said bill of complaint. Second. The said defendant admits the allegations set forth in the second paragraph of said bill of complaint, except to set out the follow- ing quotation from the said deed: (Quotation in respect to gaMe wall and alley.) Third. The said defendant admits the allegations set forth in the 3rd, 4th. 5th, 6th, 7th, 7%, 8th, 9th, 10th, 11th, 12th, 13th, 14th, 15th, 16th, 17th, 18th, 19th, 20th, 21st and 22nd paragraphs in said bill of complaint. Fourth. The said defendant admits the allegation set forth in para- graph 23 in regard to the building of the house by W. S. over the alley, but avers that the said W. S. had a right to so construct his house over the alley because the fee to the said alley was in the said W. S. subject nevertheless to the alley right of the Said J. S. and his assigns. The said defendant is unable to answer the part of paragraph 23' In regard to the fact that the necessary repairs to the said alley have been borne by the joint and equal expense of J. S. and W. S. and their respective heirs as he has not sufficient knowledge or information as to the truth of said allegation and therefore does not admit or deny the same, but leaves said complainants to make proof thereof as they may be advised. ANSWERS AND REPLICATIONS 567 The said defendant admits the allegations set forth in paragraph 23 to the effect that the house of the complainants is known and desig- nated as No. 1907 Market street and the house of the defendant is known and designated as 1905 Market street. The said defendant denies the allegations set forth in paragraph 23 of said bill of complaint in regard to the fact that the said alley has always been used fully and without disturbance and avers that the said alley has been partly occupied by steps leading from a door, the sill of which door is about three feet above the alley, which door is located in the property of the said defendant, known and designated as No. 1905 Market street, and which door opens into the said alley and was once used by the occupants of 1905 Market street. The said defendant has not sufficient knowledge or information as to the truth of the allegation set forth in paragraph 23 of said bill of complaint in regard to the fact that the said alley or passage way has been substantially fenced off from the main plot of ground for upwards of forty years, and therefore does not admit or deny the same, but leaves said complainants to make proof thereof as they may be advised. The said defendant has not sufficient knowledge or information as to the truth of the allegation set forth in the last section of para- graph 23 of the said bill of complaint to the effect that ever since the creation of said alley there has always been an entrance main- tained in the rear and therefore does not admit or deny the same, but leaves said complainants to make proof thereof as they may be ad- vised. But the said defendant in answer thereto avers that the said complainants had an alley way on the north side of the property known as 1907 Market street, which alley way they have closed and now use the alley way heretofore mentioned in common with the said defendant. ' Fifth. The said defendant in answer to the allegation set forth in paragraph 24 of the said bill of complaint admits that he erected a wooden structure' as a wind break in which wooden structure there is an open space of six feet four inches high and two feet six inches *ide, through which open place the complainants have free ingress and egress for all use which they have of the said alley and they thereby have full, free and undisturbed use and privilege of the said alley as a passage way and the said defendant denies that the privi- leges of the said alley are thereby lost to the said complainants. Sixth. The said defendant admits the allegation set forth in para- graph 25 of said bill of complaint in so far as he refused to remove the wooden structure as a wind break in which wooden structure there is an opening six feet four inches high by two feet six inches broad which in no way obstructs the complainants in the use of said alley and the said defendant submits to your Honor that he ought not to be compelled to remove the wind break which is used by him for the purpose of protecting himself from the weather in the enjoy- ment of said property. Seventh. The said defendant in answer to the allegation set forth in paragraph 26 of the said bill of complaint denies that any right of the said complainants is interfered with in the use and enjoyment of said alley. 568 EQUITY FORMS Eighth. The said defendant further avers that the said complainants had invaded and interfered with his rights to the free use of said alley by erecting water spouts on the side of the wall of the property of the said complainants which extend over and upon the land of the said defendant and thereby the rain water through the said water spouts is emptied into the said alley in great volumes which partly deprives the said defendant of his use and ownership of the said alley or passage way much to the inconvenience, annoyance and discomfort of the said defendant and without any permission or claim of right whatsoever so to do. Ninth. The said complainants also drain the surface water upon their land upon which the house 1907 Market street is built down the aforesaid alley or passage way, the fee of which alley is in the said defendant and thereby partly deprive the said defendant of his use and ownership of said alley or passage way to the annoyance and discomfort of the said defendant and without any permission or right whatsoever so to do. Tenth. This alley or passage way has been used by complainants as a foot passage and such only was the intention of the original privilege. (The answer may be accompanied with the oath of the defendant.) Form No. 474 (6) ANSWER TO BILL FOR ACCOTJNTINa BETWEEN PARTNERS (See nil, Form No. 225, ante, p. 288.) (Title and Commencement.) 1. The said complainant some time in the year 19 . . , and before that time was engaged in the business of butchering cattle and other stock, near to the Buck tavern upon the canal, where the said complainant kept a boarding house for the laborers on the said canal, but the said complainant, so far as he was engaged in the said business of butchering, as this defendant has heard and believes to be true, was acting as an agent under and in the employment of a certain J. R. Some time in the summer of the year 19 . . , this de- fendant formed a determination to enter into the business of butcher- ing to furnish a constant and regular supply of beef and other meat to the entire line of the canal, and some conversation took place be- tween the said complainant and this defendant as to a joint concern between them in the said business, in which conversation this de- fendant expressed his willingness that the said complainant might be interested. But this defendant does absolutely deny that any contract of copartnership was entered into between them in the course of their conversation relative to the declared intentions of this defendant to carry on the said business of butchering, and this defendant denies that in or about the month of September, in the year 19. ., or at any other time, it was agreed between the said complainant and this de- fendant to become partners in the joint concern and business of buying and butchering cattle, sheep and other stock for sale upon the express terms, understanding and agreement that this defendant would manage and conduct the purchasing, butchering and sale of the said stock upon the joint account and risk of this defendant and the said com- ANSWERS AND REPLICATIONS 569 plainant as partners and that the profits of the said concern should be equally divided between them, as is untruly set forth in the com- plainant's bill of complaint. 2. In or about the month of September, in th.e year of our Lord 19.., the defendant commenced extensively in the business of butcher- ing upon his own farm and employed a considerable capital in the same, in the purchase from time to time of cattle and other stock which were kept upon the lands of this defendant; and the whole business of buying and selling and everything connected with the same was conducted by this defendant from the commencement thereof without any act done by the said complainant manifesting any in- terest in the concern. This defendant had a person in his employ- ment who sold and delivered his meat on the line of the canal and sales were made to the said complainant to a considerable amount in the same manner as sales were generally conducted to other persons. 3. In the course of his said business the said complainant, being the keeper of a boarding house, was a customer to a considerable amount. Some time about the end of the year 19 . . , this defendant understood that the said complainant intended to supply himself with a considerable stock of beef in barrels from a certain W. T. S. ; and this defendant having then on hand a large quantity of beef in barrel, which he was apprehensive he would not be enabled to sell if the said complainant made the aforesaid purchase, in which event this defendant supposed he would suffer a considerable loss by the spoiling of his beef, this defendant then proposed to the said complainant that he should become interested with him in the butchering business if he would not make the said purchase of beef from the said W. T. S., and this defendant be allowed twelve hundred dollars per annum for his services and purchasing capital and for other expenses Incidental to the business; but this defendant says that the said complainant did not become interested in the said concern upon the said proposition, but made the purchase of the said W. T. S. of a considerable quantity of beef and the consequence thereof was that the defendant lost about twenty-five thousand pounds of beef which was spoiled upon his hands. 4. The said complainant about the month of July, in the year 19 . . , became indebted to this defendant, principally for meat furnished to him, in about the sum of nine hundred and fifty dollars; and the said complainant was about the same time indebted to Messrs. G. and C. in about the sum of nine hundred dollars and the said complainant executed his note to the said G. and C. and this defendant for the amount of the said debts; and this defendant further answering says that the said complainant becoming further indebted he on the day of , 19. ., executed and delivered to the said G. and C. and this defendant his judgment bond for the payment of the sum of two thousand dollars. This defendant insists that at no stage of these trans- actions, giving his note and afterwards his judgment bond, did the said complainant allege or insinuate that he was a partner of this defendant in the butchering business; and it was with great surprise that he under- stood the said complainant to make such pretensions, for this defendant never could have supposed that loose conversations about partnership could have been thought of as constituting a contract upon the sub- 570 EQUITY FORMS ject, or that this defendant would have been so destitute of prudence and discretion as to enter into partnership with a man who had no capital to furnish upon a mere general verbal agreement without any provision or detail or stipulation, absolutely necessary in a contract of such danger and magnitude to this defendant. This defendant further answering says that when the said complainant so insisted that this defendant was indebted to him for a share of profits in the butchering business, this defendant denied his having any concern in the same, he at the same time expressed his willingness to have an account stated upon the terms hereinbefore set forth as proposed at one time by this defendant, upon which the said complainant might become interested and such an account was stated by the direction of this defendant, not as an account to be rendered to the said com- plainant of a partnership transaction, or in any manner admitting the said complainant to have any interest or concern in the business, but to satisfy the said complainant that if this defendant had admitted his allegation to be true, that the business during the time he alleged himself to be interested was not productive of any profit. And this defendant denies that he was any way bound to render the complainant any statement or account of his said business, or that any account was ever made out and exhibited to the said complainant as an account of partnership transactions with the said complainant. All which matters and things this defendant is ready to aver and prove, as this Honorable Court shall direct and command, and humbly prays to be hence dismissed with his reasonable costs and charges in this behalf most wrongfully sustained. {Affidavit to 6e annexed if necessary.) Form Ko. 475 (7) ANSWER TO BILL TO EESTEAIN ACTION AT LAW (See MIJ, Form No. 241, ante, p. Sll.) (Title and Commencement.) 1. These defendants admit that the said complainant is the widow of P. C, deceased, and that during the lifetime of the said P. C, the said complainant and the said P. C. executed and delivered unto J. S., the decedent of these defendants, a certain mortgage bearing date the day of December, 18. ., a copy of which said mort- gage is attached to the said bill of complaint marked "Exhibit A," which said indenture of mortgage remains of record (etc.) to the said J. S. of the real debt of one thousand dollars with lawful Interest; and that the said lands pledged in the said mortgages were and are the property of the said complainant. 2. These defendants admit that the said J. S. died during the year 19 . . , and that letters of administration were duly granted by the Register of Wills to these defendants, who have accepted the ad- ministration of the estate of the said J. S. and have duly qualified as such. 3. These defendants admit to be true the matters and things cbn- tained in the third paragraph of said bill of complaint and that "Ex- hibit B" annexed thereto is a true copy of the writ of scire facias referred to in said paragraph. ANSWBES AND REPLICATIONS 571 4. These defendants deny all and every the matters and things set forth and contained in tlie fourth paragraph of said bill of complaint. And these defendants answering the said fourth paragraph do aver and state as follows: That they are informed and believe that no payment of any kind, or any amount, was ever made on the principal of the debt secured by the mortgage referred to in the said bill of complaint, and that the only payment ever made on the interest of said debt was a small sum, the exact amount of which is unknown to these defendants, but which these defendants are informed and believe did not exceed the sum of ninety dollars ($90). 5. These defendants do not know, and, therefore, cannot say whether the said complainant is unlearned in arithmetical calcula- tions or the reckoning of interest. And these defendants deny all and every the other matters and things set forth and contained in the said fifth paragraph of said bill of complaint, and for answer thereunto say, as follows: That their first information that the said complainant claimed to have paid the said mortgage debt was during or about the month of October in the year 1911, at which time the attorney of said complainant informed the attorney for these defendants that the said debt had been paid. The attorney of these defendants thereupon requested the attorney of com- plainant to exhibit the receipt alleged to have been given by the said J. S., in the fifth paragraph in the said bill of complaint, and to ex- hibit the memorandum of payments alleged in the said fifth paragraph to have been kept by the said complainant, which said receipt and said memorandum the said complainant's attorney then and there informed the attorney of these defendants was in his own possession, but the said attorney did then and there refuse to exhibit the same, or either of them. These defendants do deny that the payments re- ferred to in the said fifth paragraph, or any of them, were in fact ever made, as in said fifth paragraph is erroneously alleged. 6. These defendants deny that the institution and maintenance of said suit of scire facias for the foreclosure of said mortgage is uncon- scionable, oppressive and contrary to good morals. These defendants deny that the said complainant ever did, in fact, pay the debt and interest, but these defendants believe and so aver that the said com- plainant owes the entire amount of the debt and interest secured by the said mortgage, except only the small payment on account of interest referred to in the fourth paragraph of this answer. These defendants expressly deny that the said J. S. is indebted to the said complainant in the sum of $686.40, or any sum whatsoever, and that the said J. S. became, or was subject to any trust whatever concerning the said complainant, and, protesting that the complainant ever had any right in the premises, these defendants aver that any such right has been barred by lapse of time. 7. These defendants say they are advised and believe that by the rules regulating the trial and proof of the scire facias proceeding re- ferred to in the bill of complaint the said complainant will not be precluded from making any proof or introducing any evidence which could be made or introduced if testimony were taken in the Court of Chancery under the said bill of complaint. These defendants deny all and every the matters and things set 572 EQUITY FORMS forth and contained in the remaining part of the said seventh para graph and for answer thereunto aver and state that these defendants have made a full and careful examination of all the books, papers and memoranda of the said J. S., deceased, and that none of the same contains any entry, note or memorandum of any kind whatsoever of any payment for or on account of the principal or interest of the debt secured by the bond and mortgage referred to in the said bill of com- plaint, or for or on account of the said bond or the said mortgage; and that none of said books, papers and memoranda contains any evidence of any kind whatsoever as to any payment for or on account of the principal or interest of the debt aforesaid, or the bond or mort- gage aforesaid. 8. These defendants submit to this Honorable Court, that all and every of the matters in said plaintiff's bill mentioned and complained of are matters which may be tried and determined at law, and with respect to which the said plaintiff is not entitled to any relief from a court of equity, and these defendants hope they shall have the same benefit of this defense as if they had demurred to said plaintiff's bill. (The affidavit should he in usual form.) Form No. 476 (8) ANSWER TO BILL TO REMOVE CLOUD ON TITLE (See bill. Form No. 255, ante, p. SS5.) {Title and Commencement.) The answer of K. C. P., executrix of E. A. N., to the complaint of H. I. N. and M. A. N. The said defendant admits the averments of said bill, save those contained in paragraphs 7, 8 and 9 thereof. Answering the averments of paragraphs 7, 8 and 9, in so far as the same import that the premises described in paragraph 7 were sold "nominally" to C. R. W. ; that the said C. R. W. took title to the same merely for the purpose of passing the same unto the said E. A. N.; and that the same were purchased by the said B. A. N. with the pro- ceeds received by her from the estate of her deceased husband, J. B. N. ; and that since the decease of the said E. A. N. the said complainants have been in possession of said land and premises, the said defendant says she has no knowledge, and has not been informed, save by the said bill and cannot set forth as to her belief whether the said aver- ments be true, and of this, and of each of said averments the said defendant demands that the said complainants shall furnish proof. And now having fully answered, the said defendant prays that she be dismissed hence with -her reasonable costs and charges in this be- half most wrongfully sustained. (Attached to answer may 6e usual affidavit.) Form No. 477 (9) ANSWER TO BILL FOR CONSTRtTCTION OF WILL, ETC. (See Mil, Form No. S65, ante, p. 355.) (Title and Commencement.) The answer of J. H. B., J. A. B., W. S. B., A. L. B. and M. B. 1. The said defendants admit the allegations contained in the first. ANSWERS AND REPLICATIONS 573 second, third, fourth, fifth and sixth paragraphs of the said bill of complaint. 2. With respect to the matters contained in the seventh paragraph of the said bill of complaint, the said defendants say that the provi- sion made by the said testator for his said grandchildren, referred to in the said paragraph of said bill, is void, as being in conflict with the rule against perpetuities. 3. With respect to the matters contained in the eighth paragraph of the said bill of complaint, the said defendants say that, although it is true that neither at the time of making of his said will or codicils, or at the time of his death, did the said testator own a property known as the F. M. H., or the several stores adjoining it, being the property mentioned in his will as part of his residuary estate, and was not entitled to the income arising from the said property, but that on the contrary the said property so mentioned was then and still is owned by F. M. H. Company, a corporation existing under the laws of the state of Delaware, to whom the income therefrom then and still belongaj and that the said testator, at the time of making of his said will and codicils, and at the time of his death, held and owned two hundred and fifteen (215) shares of the capital stock of the said company, each of the par value of one hundred dollars ($100), and in his lifetime received the dividends on his said shares de- clared by the said company; and your defendants say that the property so mentioned and referred to constitutes, under the said will and codi- cils, a portion of the residuary estate of the said testator, and as such is to be used to pay the debts and particularly expressed legacies, if the residuary estate, exclusive of the said property, is not sufficient for the said purpose, and the defendants deny that, in the second paragraph of the eighteenth item of the said will, there is any special trust created in favor of the grandchildren respecting the said property. (Paragraphs 4, 5, 6 and 7 answer the allegations of paragraphs 9, 10, 11 and 11a of the Mil.) 8. The said defendants admit the allegations contained in the twelfth and thirteenth paragraphs of the said bill of complaint. 9. And for further answer to the said bill of complaint, the said defendants say that the said testator by his will and codicils disposed of all his real estate by specific devises thereof, and by the residuary clause of his will disposed of personal property only. 10. And for further answer, that the said testator left to survive him five children, who are the defendants. Form No. 479 (11) ANSWER TO BILL FOR DISSOLUTION OF BANK (See Mil, Form No. 216, ante, p. 373.) (Entitled the same as the Mil.) To the Chancellor of the State of Delaware. The C. D. Banking Company, the defendant herein named, answer- ing the bill of complaint filed herein, for answer saith: That it admits the allegations of the bill of complaint herein filed; it admits that the company is insolvent, and joins in the prayer of 574 EQUITY FORMS the complainant, that a receiver may forthwith be appointed to con- serve the assets of the bank. C. D. Banking Company. By G. H., Cashier and Director. Perm No. 480 (12) ANSWER TO BILL FOE APPOINTMENT OP KECBIVEB (See bill, Form No. 275, ante, p. 372.) {Title and Commencement. } The answer of S. A. Company, a corporation of the state of Dela- ware, to the bill of complaint filed in the above cause. This defendant, answering, saith that what is contained in the bill of complaint filed in the above cause is admitted by this defendant to be true. S. A. Company. By I. P., President. W. B., Secretary. Attest: (Corporate Seal.) X. Y., Solicitor for Defendant. FLORroA 8 STATUTE GOVEENINa ANSWER, see note at end of chapter, p. 628. Form No. 481 (1) DISCLAIMER AND ANSWER TO BILL TO ENFORCE TAX LIEN (See bill, Form No. SOi, ante, p. iH.) {Title cmd Commencement.) The disclaimer and answer of C. T. H. (widow), one of the de- fendants in above entitled cause. {Protestation clause), that she does not know that she, this de- fendant, to her knowledge or belief ever had nor did she claim to have or pretend to have, nor does she now claim any right, title or interest of any nature soever, in or to, any lands or premises {give description) as complainant in his bill has averred and this defendant does disclaim all right, title and interest in or to any lands or prem- ises in said Block No. 1 aforesaid, as complainant in his said bill avers. And this defendant, answering, says {give the points on which the defendant relies for fier defense). And this defendant, further answering, denies that the complainant is entitled to the relief or any part thereof in said bill of complaint demanded, and prays the same advantage of this answer as if she had pleaded or demurred to the said bill of complaint, and prays to be hence dismissed with her reasonable costs and charges in this behalf most wrongfully sustained. C. T. H. 8 The above forms, although obtained from the practice of Florida, are available for use in general chancery practice. ANSWERS ANI> REPLICATIONS 575 STATE OF FLORIDA, County of On this day of 19 . . , personally appeared before •me, C. T. H. (widow), who, being by me duly sworn, on oath that she is one of the defendants in this cause, that she has read the above disclaimer and answer by her subscribed, and well knows the contents thereof, and that the same are true of her own knowledge, except as to matter and things which are therein stated to be upon information and belief, and these matters and things she believes to be true. X. Y. Fonu No. 182 (2) REPLICATION (Title as in an original lyill.) Replication of A. B. Company, complainant, to the answer of C. D., defendant. This repliant, saving and reserving unto itself, all and all manner of advantage of exception to the manifold insufficiencies in the said answer, for replication thereunto, says: That it will aver and prove its said bill to be true, certain and sufficient in the law to be answered unto; and that the said answer of the said defendant is uncertain, untrue and insufficient to be re- plied unto by this repliant; without this that any other matter or thing whatsoever in the said answer contained material or effectual in law to be replied unto, confessed and avoided, traversed or denied, is true, all which matters and things this repliant is and will be ready to aver and prove, as this Honorable Court shall direct, and humbly prays as in and by its said bill it has already prayed. X. Y., Solicitor for Complainant. ILLINOIS 9 rorm No. 483 ANSWER TO BILL FOR FORECLOSURE OF MORTGAGE (Title as in an original hill.) The answer of the R. M. M., a corporation, and H. M. R., trustee, defendants, each answering for itself and himself, to the bill of com- plaint of the above-named complainants. (Protestation clause.) 1. They are not informed as to whether L. M. P. iqiade, executed and delivered the certain trust deed for dollars and the notes and coupon notes described in first paragraph of the said bill, and a copy of which is attached to said bill, marked Exhibits A-1 and A-2, and neither admit or deny the indebtedness alleged to be due to them or either of them from the said L. M. P., but require strict proof of said indebtedness, and also strict proof of the genuineness of the signatures of the said L. M. P. to any of said instruments before men- tioned and described in said bill of complaint; and more especially »This is adapted from the answer of defendants in Peacock vs. Phillips, 247 111. 467. See bill. Form No. 69, ante, p. 46. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 576 EQUITY FORMS do these defendants require strict proof of the delivery of said trust deed and notes described in said bill to the said E. W. P. or to any one for her by the said L. M. P. 2. These defendants rectuire strict proof of any and all debts, if any there be, due from the said L. M. P. to the said complainants, or either of them; and of any default, either in the payment of interest, principal, taxes, special assessments, insurance or in any other respect by the said L. M. P., in the event that it so appears that said instru- ments designated as Exhibits A-1 and A-2 are the true and genuine deeds of the said L. M. P.; and further require an exhibition of any and all receipts, vouchers and other documents in proof of said de- faults, if any there be, and of the payment, if any were made by the complainant, of taxes, special assessments and insurance relating to the premises described in said bill. 3. These defendants admit that the records of deeds and convey- ances in the county of Cook, state of Illinois, show that a certain trust deed bearing date of Nov. 27, and recorded on the same day in Book of Records, page in the Recorder's office of county of Cook, state of Illinois, was purported to be executed by L. M. P. and her husband, to one R. C. O., as trustee, with first and second successors in trust, as alleged in said bill of complaint, and that said trust deed purports to have been given to secure an indebtedness of the said L. M. P., amounting to dollars as evidenced by the promissory note described in said bill; but these defendants deny that L. M. P. or her husband, W. ^. P., were in- debted for said sum of dollars at the time of the making of said trust deed and note or at any other time as alleged in said trust deed and note, but state the fact to be that at the time of making of the said trust deed and note they were indebted in no sum whatso- ever, as evidenced in or secured by said trust deed and note, but that such trust deed and note were executed and delivered. If executed and delivered at all, to the C. S. Bank, merely as collateral security for a certain other and different note, bearing date of the day of 19 . . , payable to the C. S. B., thirty days after the date thereof, and that said trust deed and note was given, if given at all, by the said L. M. P. as collateral security, and for no other purpose whatsoever, to secure the payment of said last-mentioned note of dollars, and that in fact, to wit, upon the day of 19. ., said note for dollars was paid to said C. S. B. by and through the sale of said collateral trust deed and note of dollars and was then sold to one A. G. M. for the sum of dollars, and that said last mentioned sum was the only con- sideration, if any, ever received by the said L. M. P. for such trust deed and note, and that all other consideration therefor has entirely failed. These defendants aver that if said trust deed and note for dollars be a genuine deed, and was actually made, executed and delivered by the said L. M. P., strict proof of which they hereby require, then and in such event it is only a lien upon the premises described in said bill to the extent of dollars with interest thereon at the legal rate from the day of , 19. .. 4. These defendants allege that prior to the making and delivery of the last above mentioned purported trust deed and notes, the said ANSWERS AND REPLICATIONS 577 Ij. M. p. and W. S. P., her husband, made and executed their certain conveyance commonly Icnown as a trust deed, wherein and whereby they conveyed the premises described in the bill to this defendant, H. M. R., of the city of Chicago, county of Cook, and state of Illinois (give provisions of the deed and of the notes secured thereby), as will more fully appear by reference to the copy of said trust deed hereto attached and marked Exhibit A, and of the said notes hereto attached and marked Exhibits B-1, B-2, B-3, B-4, B-5 and B-6, all of which are hereby referred to and made a part of this answer. 5. These defendants say that neither the said L. M. P. and W. S. P. nor any person for them has paid any part of the interest or the principal evidenced by said six promissory notes and secured by said trust deed, and other and divers defaults have been made therein, and these defendants have exercised their option and declare all of said indebtedness evidenced by said six promissory notes due and payable forthwith, and by reason thereof all of said debt so secured as afore- said, is now due and payable, including a solicitor's fee of $200, and all other expenses of the trust created and imposed by said trust deed. 6. These defendants allege the fact to be that by reason of the defaults of the defendants, L. M. P. and W. S. P., in failing to pay any of the interest or such of said six notes as have fallen due and by the further reason of their exercising their option, declaring the whole of said.six notes and the interest thereon due, together with a solic- itor's fee of $200, and there has become and is now due upon said six promissory notes the sum of dollars principal (etc.), as stipulated in said trust deed, besides a reasonable trustee's fee, for his services in that behalf, to be determined by the Court. 7. These d«fendants allege the fact to be that upon the date of the said trust deed hereinabove referred to, to wit , 19 . . , L. M. P. and W. S. P. had received in cash dollars in consideration for and as evidenced by said six promissory notes, and that said trust deed is a good and valid lien upon the premises herein described, secondary only to the trust deed executed by said L. M. P. and W. S. P., her husband, if any such were executed and delivered to C. W. P., as described in the bill of complaint filed herein. 8. These defendants say that the other defendants in said bill named, to wit (naming them), are in nowise interested in the subject matter of this suit, and have no right, title; interest or claim of what- soever nature, in the premises described in said bill of complaint. 9. These defendants say that the defendant, R. M. M., a corpora- tion, and B. F. M. are the owners and holders of said notes and are entitled to a decree for the payment of the principal and interest and solicitor's fees covenanted to be paid in and by said trust deed and six promissory notes, and to have foreclosure of said trust deed, in accordance with the statute in such case made and provided, and pray that an accounting may be taken as to the order of the liens ot all persons interested in said premises, and of all amounts due to each and all of the persons interested in the premises described in said bill, and that these-defendants may have such other and further relief in the premises as may seem meet in equity and good conscience, and that in the event of a foreclosure and sale by virtue of these proceedings, the rights of these defendants may be fully protected. 578 EQUITY FORMS and that all persons claiming liens upon said premises, subordinate to the trust deed hereinabove described, be forever barred and fore- closed as against these defendants' rights and titles in and to said premises, and that in the event of a sale by virtue of these proceed- ings that the amount due to the said R. M. M., a corporation, and the said E. F. M., be ascertained and determined and that judgment be entered for said amount, together with their costs in that behalf expended, and provisions for the payment thereof be made in accord- ance with the rules in chancery, and tliat such other orders and decrees be entered in that behalf as may seem meet and just in the premises. 10. And as to the other matters and things in said bill of complaint, these defendants respectfully ask that all the matters and things in said bill of complaint and in this, their answer thereto, be strictly inquired into by the Court, and the rights of all the parties hereto be determined, and that an accounting be taken according to equity and good conscience, and pray the same advantage of this answer as if they had pleaded or demurred to said bill of complaint, and for such other and further relief in the premises as upon the hearing of the evidence in this case will seem meet and just, and that they be dismissed with their reasonable costs and charges in this behalf most wrongfully sustained. MAINE Form No. 484 (a) FORMAL PARTS TO ANSWERS i" {Title as in an original bill.) The answer of C. D. who answers and says: 1. (Here insert substance of answer, in paragraphs numbered seriatim n to conform to the bill so far as possible remembering that all allegations of the bill not expressly denied are taken as admitted.) Wherefore the defendant prays that the plaintiff's bill may be dis- missed with costs.12 C. D. (or C. D. by E. F., his attorney)." E. F., Solicitor for defendant.i* (Verification.) 10 The above forms are peculiar to the chancery practice of Maine. 11 Denials or admissions of several paragraphs of the bill are fre- quently combined into one paragraph, although Chancery Rule 10 pro- vides that the "Answer shall be paragraphed and numbered to conform to the bill so far as may be" in order that the application of the answer to the bill may be more readily perceived. There is probably no objec- tion to combining consecutive paragraphs in this way, especially where they occur at the end of the answer, but admissions or denials which skip one or more intervening paragraphs should be especially avoided. If we admit 1, 2 and 4 and return to 3, the orderly progress of the answer as related to the bill may be interrupted and confusion caused. 12 The old form of pleading concluded with the denial of confederacy, etc., given above, but this is now obsolete. Even the prayer for dis- missal may be omitted, but it is believed to be better form to con- clude with a prayer as in other defensive pleadings. IS The answer must be signed by defendant himself and sworn to by him if an answer under oath is required, otherwise it may be signed by the defendant, his agent or attorney. R. S. (1903) Ch. 79, § 17. 14 No oath is necessary unless the bill expressly requires the answer to be under oath. ANSWERS AND REPLICATIONS 579 (b) FORMS AND PRECEDENTS FOR SUBSTANTIAL PORTIONS OF ANSWERS 15 Fonn No. 486 (1) ANSWER TO BILL TO REDEEM AFTER DEMAND AND RE- FUSAL TO ACCOUNT (See hill, Form No. 51, cmte, p. 24.) (Title and Commencement.) 1. The defendant admits all the allegations contained in paragraph 1 of the plaintiff's bill. 2. Defendant, likewise, admits all the allegations contained In para- graph 2 of plaintiff's bill. 3. The defendant admits the allegations contained in paragraph 3 of plaintiff's bill, except that he denies that the interest on said mortgages was paid up to the first day of January, 19.., as therein alleged, and says that said interest was paid up to the first day of July, 19 . . , and no later. 4. The defendant admits all the allegations contained in para- graph 4 of plaintiff's bill. 5. The defendant admits that he refused to render an account to the plaintiff as alleged in paragraph 5 of plaintiff's bill, but says that such refusal was not unreasonable, but lawful and justifiable. 6. The defendant further says that default was made by the plain- tiff in the payment of both the principal sum secured by said mort- gage and the interest thereon, and on the first day of July, 19 . . , after said default, the defendant made an open and peaceable and unopposed entry on the premises comprised in the said mortgage, and took pos- session of the same for the purpose of foreclosing the right of redemp- tion thereof, and a certificate of two competent witnesses to prove the said entry was duly made and sworn to and recorded In the Registry of Deeds in said county of within thirty days from the date of said entry. 7. The possession so obtained by the defendant was continued peaceably by him for more than three years before the commencement of this suit. Form No. 486 (2) ANSWER TO BILL SEEKING SPECIFIC PERFORMANCE (See Mil, Form No. 88, ante, p. 79.) (Title and Commencement.) 1. The defendant admits that he entered into an agreement in writing with the plaintiff by which he agreed to sell to the plain- tiff for the sum of dollars a certain lot (description), but he says that no definite bounds of the said lot were talked of between himself and the plaintiff or contained in said memorandum of agree- ment in writing, and that the defendant had measured off and staked out, previous to the date of the memorandum, a twenty-four-foot strip on the east side of the said lot which he had talked of selling to another party for fifty dollars, and that he did not intend to include 15 The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. 580 EQUITY FORMS and did not include this strip in the memorandum, and did not intend to sell and did not sell said strip to plaintiff, but intended and agreed to sell and convey to the plaintiff only so much of said tract as lies west of said twenty-four-foot strip. 2. This defendant also denies that the plaintiff tendered to him the balance of dollars due under said agreement and that he refused to make and deliver said deed, as alleged in paragraph 2 of plaintiff's bill, but on the contrary avers that he was ready and willing to make and deliver a deed of all of said tract lying west of said twenty-four-foot strip in accordance with his said agreement, but the plaintiff refused to take such deed unless the defendant would include in said deed said twenty-four-foot strip and thereupon this defendant offers to pay back to the plaintiff said sum of twenty-flve dollars since the plaintiff did not understand said agreement as the defendant did, and this defendant is now and ever has been ready and willing and hereby offered to pay back to said plaintiff said twenty-five dollars and that upon the refusal of plaintiff to accept such deed, this defendant considered himself discharged from any further obligation under his said agreement and conveyed said lot to his co- defendant, G. H. Form No. 487 (3) ANSWER AND DISCLAIMER OF ONE DEFENDANT TO BILL FOR PARTITION (See Mil, Form No. Z16, ante, p. 279.) (Title.) The answer and disclaimer of H. L. R., who says: 1. She denies that the plaintiffs are each seized in fee of one un- divided third part of the real estate described in the plaintiff's bill, but on the contrary says that the whole of said premises belongs to N. B. A., her co-defendant. 2. She disclaims any right, title or interest in said premises as against said N. B. A. (.Conclusion as in disclaimer.) Form No. 488 (4) ANSWER OF PRINCIPAL DEFENDANT TO SAME BILL FOR PARTITION (Title.) The answer of N. B. A., who answers and says: 1. The defendant denies all the allegations contained in paragraphs 1 and 2 of plaintiffs' bill and says that the plaintiffs are not each seized in fee of one undivided third part of the real estate described in said bill, or of any portion of the same; but on the contrary, the defendant has an indefeasible title to the whole premises by open, notorious, exclusive and adverse possession continued since 18.., up to the date of said bill, and acquired under the following circumstances (state the circumstances) and the first intimation which he ever had from them or from anyone that they claimed the described land was during the spring of 19... ANSWERS AND REPLICATIONS 581 2. The defendant denies all the allegations contained in paragraph 3 of plaintiff's bill, except that he admits he has been in exclusive possession of said premises since April 12, 18.., and earlier, namely, since the year of 18... 3. The defendant admits all the allegations contained in paragraph 4 of the plaintiffs' bill. Form No. 489 (5) AKSWEB TO BILL FOR CANCELLATION ON GEOUND OF FRAUD I (See hill, Form No. 97, ante, p. 96.) (.Title.) The answer of J. L. M., who answers and says: 1. He admits that on the day of , A. D., 19. ., the plaintlS conveyed to him by his deed of that date said real estate, with the reservation set forth in the bill, and that he caused said deed to be recorded in Registry, volume , page 2. He denies that he caused the name of the plaintiff to be afiSxed to said deed without the knowledge of the plaintiff that the same was a deed and without his consent; he denies that he caused a certificate stating that said deed had been acknowledged by the plaintiff to be his free act and deed, to be affixed thereto, by a justice of the peace, without the knowledge or consent of the plaintiff; and avers that said deed was signed, sealed, executed and acknowledged and delivered to him by the plaintiff for a good and sufficient consideration, and with full knowledge that it was a conveyance to this defendant of the prop- erty therein described. 3. He admits that on the day of , A. D., 19. ., he executed a mortgage of said real estate to his wife, said D. F. M., with the condition set forth in said bill; he says that said D. F. M. caused said mortgage to be recorded as stated in the bill; he denies that his said wife knew or had any reason to believe that said deed from the plaintiff to him was obtained as set forth in the bill, and avers that she knew that said deed had been executed and delivered by the plain- tiff with full knowledge of its contents and effect, and for a good and sufficient consideration; he denies that said mortgage was exe- cuted for the purpose of creating a cloud upon the plaintiff's title and avers that the same was given for a good and sufficient considera- tion. 4. He denies that said deed and mortgage were fraudulently exe- cuted, acknowledged and recorded; he denies that said deed and mortgage, or either of them, are void; and alleges that said deed is, in fact as it purports to be, a valid conveyance, by the plaintiff to him, of the premises therein described; and that said mortgage is, in fact, as it purports to be, a valid conveyance, in mortgage, of said premises, of said premises from himself to his wife, said D. F. M. 582 EQUITY FORMS Form No. 490 (6) ANSWEB TO BILL TO SET ASIDE FEAXIDULBNT CONVEY- ANCE (See Ull, Form No. 109, ante, p. 118.) {Title.) The answer superior to or in conflict with the term of years purported to be conveyed by said declaration of sale for said premises, and never claimed that said last mentioned declaration of sale had been obtained in fraud of his rights In said homestead and that he never paid or offered to pay to these defendants or any of them the whole or any part of said assessment against said homestead or asked these defend- ants or any of them to convey to him or to cause to be conveyed to him any rights they or either of them might have or claim to have under said declaration of sale. 9. These defendants admit that these defendants, P. B. S. and W. S., did convey to this defendant, E. H. S., the one-half interest in the said homestead property which was acquired by this defendant, P. B. S., by virtue of said declaration of sale made to her by the said Essex Public Road Board as set forth in said bill of complaint, and these defendants aver the fact to be that said last mentioned conveyance was made in consideration of an agreement between these defendants, P. B. S. and B. H. S., that said one-half interest should be conveyed to him whenever he should request it, and these defendants further answering say that this defendant, P. B. S., did repay to the said 606 EQUITY FORMS E. H. S. some time in the latter part of the year 19.., the sum of dollars, with interest thereon being the sum borrowed by this defendant, P. B. S., from this defendant, E. H. S., and agreed to be paid by her to him for the money advanced to her by him at the time of the purchase of said declaration of sale and for that purpose, and that the said moneys were paid by this defendant, P. B. S., out of moneys which she had before her marriage as aforesaid. These defend- ants admit that the said P. B. S. filed with the said complainant a claim against the estate of said J. S. as set forth in said bill of com- plaint and that this defendant, P. B. S., claimed and does claim rent for ,the undivided one-half interest in the said homestead property from , 19. ., to , 19. ., and that the said complainant served a notice on this defendant, P. B. S., requiring her to bring suit on her said claim and that she has brought suit in the New Jersey Supreme Court on said claim and that said cause is now at issue and ready for trial and was duly noticed for trial on 19.., and would have been moved but for the restraining order of this Honor- able Court in the above cause. These defendants submit to this Honorable Court that the said bill of complaint does not contain suflScient matter of equity whereupon this Court can groimd any decree in favor of the said complainant or give the said complainant any relief against these defendants or any of them; and these defendants hope they shall each have the same benefit of this defence as if they had each demurred to the said bill; and these defendants humbly pray to be hence dismissed with their reasonable costs and charges in this behalf most wrongfully sustained. Form No. 514 (9) AMENDED ANSWER (Title.) The amended answer of C. D., defendant, in pursuance of an order of this Court made in this cause on 19. ., to the bill of com- plaint of A. B. The Clerk in Chancery will please amend the answer proper of C. D. heretofore filed in this cause, by adding (or omitting and adding or inserting in lieu thereof) (etc.) (Conclusion as to an original answer.) PENNSYLVANIA 24 Form No. 515 GENEBAX FORM FOR ANSWERS (Title.) The answer of C. D. to the bill of complaint in the above cause filed. To the Honorable the Judges of said Court: The defendant, C. D., saving and reserving to myself any and all manner of exceptions to the manifold errors in said bill contained, 24 The above forms are peculiar to the chancery practice of Penn- sylvania. ANSWERS AND REPLICATIONS 607 for answer thereto, or to such parts thereof, as I am advised it is material and necessary for me to answer, say: (or this) This defendant, now and at all times hereafter saving and reserv- ing unto himself all benefits and advantages of exception which can or may be had or iaken to the many errors, uncertainties, and other imperfections in the bill of complaint contained, for answer thereto, or unto such parts thereof as this defendant is advised is or are material and necessary for him to make answer to, answering says: 1. Answering the first paragraph of the bill, I have no knowledge of the facts (or allegations) therein averred and pray that they may be proved, if material. 2. I admit the facts alleged in paragraph 2 to be true. 3. In answer to the facts set forth in paragraph 7 of the bill, I do not admit (etc.). 4. I deny that I am the owner (etc.) alleged in paragraph 8 of the bill and in answer say (etc.). Wherefore I pray that said bill be dismissed with costs. or All which matters this defendant is ready and willing to aver, maintain, and prove, as this Honorable Court shall direct, and prays to be hence dismissed with his reasonable costs and charges in this behalf most wrongfully sustained. C. B. E. F., Solicitor for Defendant. AFFIDAVIT (where necessary.) Commonwealth of Pennsylvania, county of : ss. C. D., the defendant above named, having been duly sworn accord- ing to law, doth depose and say that the matters and facts set forth in the foregoing answer are true (or as far as they are therein stated as of his own knowledge are true, and so far as therein stated upon information of others, he believes them to be true). C. D. Sworn to (etc.). RHODE ISLAND 25 rorm No. 516 (a) ANSWER TO BILL FOE REDEMPTION FROM MORTGAGE (See bill, Form No. 65, ante, p. 37.) (Title.) The answer of H. A. T., Defendant, to the Bill of Complaint of A. M. B., Complainant. (Protestation clause.) 1. This defendant admits that at the time set forth in paragraph "first" of said bill, said A. M. E. was seized and possessed of the parcels of land in said bill set forth and that she executed a mortgage deed thereof to this defendant to secure the payment of a certain nego- 25 The above forms, although obtained from the practice of Rhode Island, are available for use in general chancery practice. 608 EQUITY FORMS tiable promissory note for the sum of dollars payable as in said paragraph set forth. 2. This defendant is not informed, save by this bill, as to whether said complainant desires to pay said mortgage in full, as is in said paragraph "second" set forth, and denies that the complainant has offered and tendered to this defendant the amount due on said mort- gage note, together with interest, and requested him to surrender to him said note and cancel said mortgage debt in manner and form as is in said paragraph "second" set forth. This defendant admits that the complainant has offered to pay a sum much less than the amount due on said mortgage note, and has demanded that this defendant should receive such sum in full payment of said mortgage note, and that that this defendant on the receipt of said sum should surrender said mortgage note and cancel said mortgage, which this defendant declined to do. 3. This defendant alleges the facts concerning said mortgage and the amount thereon to be as follows: (Here follows detailed statement, including itemized statement of interest payments.) Since , 19 . . , no interest has been received on said note, and interest thereon from said day of' A. D. 19 . . , is now due and unpaid with interest on the several instalments thereof. 4. This defendant has always been ready and willing to receive the amount of the principal and interest due on said mortgage note, and thereupon to cancel and deliver up said note and discharge said mortgage; and when said complainant offered to pay said lesser sum and requested said discharge of said mortgage, this defendant offered to cancel and deliver up said note and discharge said mortgage on the payment of the amount of principal and interest due thereon, which said complainant declined to pay. 5. This defendant denies that any other matter, cause or thing in said bill contained, and not hereinbefore fully and sufficiently answered, denied, confessed or avoided is true to the knowledge or belief of this defendant. And this defendant prays that he may be hence dismissed with his reasonable costs in this behalf most wrongfully sustained. (Add affidavit if necessary.) Form No. 517 (b) ANSWER TO BILL FOE SPECIFIC PEEFORMANCE (See bill. Form . No. 95, ante, p. 87.) (Title.) The answer of C. D., the defendant, to the bill of complaint of J. C. S. and A. M. S., complainants. The defendant, waiving all manner of exception to the said bill of complaint, for answer thereunto says: That it believes that all the facts in the said bill contained as therein stated and set forth are true, and therefore admits the truth thereof; it is ready and willing to carry out the agreement in said bill set forth if said complainants can convey to it good title to the land mentioned in said agreement; and it submits questions of law and equity affecting it raised in and by said bill to the determination of this Honorable Court. ANSWERS AND REPLICATIONS 609 Form No. 518 (c) ANSWER TO BILL AGAINST CORPORATION AND OFFICERS IN CONTROL (See bill. Form No. 125, ante, p. 139.) (Title.) The answer of (ifere follow names of all defendants) to the bill of complaint of A. M. (Protestation Clause.) 1. They admit the incorporation and due organization of the de- fendant, the N. P. Company, as charged in the bill of complaint. 2. These defendants say that the said A. M., complainant, and these defendants are all of the stockholders of the said N. P. Company, the entire capital stock of the said N. P. Company consisting of 150 shares, each of the nominal par value of $500. 3. As to the charge made in paragraph 4 of the bill of complaint, these defendants say that up to the day of 19 . . , when this complainant made a payment of $ , G. H. R. and J. A. R. held all the stock standing in the name of the complainant as mortgagees in possession to secure an unpaid debt, their possession being coupled with an interest, and their title being one which could only be divested by a payment in full of such debt. And these defendants admit that the officers of the N. P. Company declined to allow the said A. M. to attend the meetings of the said company and declined to submit the books of said company to his Inspection. But these defendants further say that on and after the said day of 19 . . , all the books of the said N. P. Company have at all times been open to the inspection of the said A. M., that every facility has been given to him for examining them, that all information requested by him has been furnished by the officers of the N. P. Company and that he has been duly notified of all meetings of the said company and invited to attend. 4. These defendants say that in choosing th6 officers of the N. P. Company they have as they believe consulted the best interests of the company and the company's estates; that the officers chosen by the stockholders have been faithful and have given much time and trouble to the management of the company's business and have been paid therefor a fair and reasonable compensation and that the value of the company's property and the rental of the company's estates have largely increased under the management of the officials of whom and of whose compensation the complainant complains in his bill of complaint. These defendants admit that persons could be found to assume the offices spoken of at a lower price, and they say that the complainant himself offered ttf fill them and to have them filled at a lower price, but these defendants declined and decline to avail them- selves of his offer and they believe and insist that accepting it would be at once extravagant, indiscreet and impolitic. These defendants deny that the salaries allowed to the president, treasurer and secretary from 19 . . to the present time are a fraud on the N. P. Company or on the complainant, and they deny that they have conspired to swallow up the rents and profits of the said company in order to deprive the complainant of any benefit or advantage of any kind whatsoever. 610 EQUITY F0R:HS 5. These defendants say that it appears by the exhibits of the bill that no one except J. H. R. and J. A. R. has ever been paid any salary whatever from the treasury of the N. P. Company, and the bill of complaint contains no charge that any other of the defendants has ever received any salary from the N. P. Company and these defendants say that no other of them has ever received any salary from the N. P. Company. Therefore the defendants other than the said J. H. R. and J. A. R. deny that in any case can an account be properly asked against them for money which they have never received and they claim the same benefit of this as if on a formal demurrer to the bill of complaint. 6. These defendants say that the complainant in his bill of com- plaint has nowhere stated what officer has been overpaid or what salary is excessive, but simply claims from all the stockholders an accounting and a return of moneys without reference to whether such stockholders have or have not received any such moneys. These defendants say that the averments of the bill are insufficient to sustain a bill brought by a single minority stockholder against the corporation, and all the rest of its stockholders holding and owning a majority of its stock and these defendants claim the same benefit of this objection as it was presented by formal demurrers to the substance and also to the form of the bill of complaint. 7. These defendants jointly and severally deny all combinations, conspiracies and collusion to the detriment of the complainant and they jointly and severally deny the complainant's right to the relief prayed for in his bill of complaint; and they pray to be dismissed out of this court with a decree in their favor awarding to them their costs against the complainant. TENNESSEE 2« Form No. 519 (a) FOEM OF ANSWER (Title as in an original iill.) The joint and separate answer of C. D. and E. F., two of the defendants in the above named case, to the bill of complaint filed in this cause. These defendants, reserving (etc., protestation clavse). They admit (etc.). They do not know whether (etc.). They deny (etc.). And now, having fully answered, these defendants pray to be hence dismissed with their reasonable costs. E. F., Solicitor. (Affidavit In usual form if necessary.) Form No. 520 (b) ANSWEE BY AN INFANT 2' ( Title.) The answer of J. D., an Infant under the age of 21 years, by R. R., his guardian ad litem, defendant to the bill of complaint of J. D. filed against him in the chancery court at K. 26 The above form is peculiar to the chancery practice of Tennessee. 27 The above form, although obtained from the practice of Tennessee, is available for use in general chancery practice. ANSWERS AND REPLICATIONS 611 The defendant, answering by his said guardian, says: He is an infant of the age of 12 years or thereabouts, and he therefore submits his rights and interests in the matters in question in this cause to the protection of this Honorable Court. VERMONT 28 Form No. 521 ANSWER TO OBEDITOBr'S BILL TO ENFOECE STOCK- HOLDER'S LIABILITY (iSee an. Form No. 303, ante, p. 411.) {Title.) The answer of R. B., one of the defendants to the Bill of Complaint of C. R., Assignee, et al. This defendant saving and reserving all exceptions, for answer thereto says: I. He has no personal knowledge whether or not the orators are the bona fide creditors of the R. Insurance Company to the amount claimed in said bill, nor as to whether said orators or either of them, have security therefor, and he leaves the orators to make such proof thereof as they may deem necessary. II. He has no personal knowledge as to whether there are other bona fide creditors as stated in said bill, and he leaves the orators to make such proof thereof as they may deem necessary. III. He has no personal knowledge as to whether said sums claimed in paragraphs numbered one and two in said bill are for (.give nature of alleged claims) ; nor as to whether such sums have been long due, or often demanded of said Company, and not paid; nor as to whether among said sums are judgments of competent courts upon which the execution creditors have not been able to realize anything, and he leaves the orators to make such proof thereof as they may deem required. IV. This defendant admits upon information and belief, that the insurance commissioners of this state have taken no action to close up the affairs of said insurance company, but he denies on information and belief that said company has neglected to comply with the require- ments of the law in the management of its affairs and payment of its debts. V. This defendant admits that said company was organized in or about ; and admits that the ofBcers made their certificate to the secretary of state that the entire capital stock of said insurance company had been subscribed and paid in, and that the assets consisted of the several items as set forth in said bill, but this defendant refers to said certificate for more particular description. This defendant denies upon info^-mation and belief that said report and certificate were not true, and denies upon information and belief that said assets were greatly and fraudulently over valued, and denies upon information and belief that such fact was known to the officers 28 The above form, although obtained from the practice of Vermont, is available for use in general chancery practice. G12 EQUITY FOKMS and directors of said insurance company, and denies that said state- ment was made with intent to deceive, so far as this defendant is concerned. And this defendant avers upon information and belief that at the time said statement and certificate were made, that said assets were fairly worth the full amount stated in said report. VI. This defendant denies that he ever made any valid subscription for the stock of said insurance company, but he admits that at one time he conditionally made a subscription the terms of which condition never were complied with and said subscription was withdrawn by him and treated as cancelled by the directors of said insurance com- pany long before any business was ever done by said company. And he denies that he ever made a valid subscription for $50,000, or any other amount of said stock for which a due equivalent was not fully paid. VII. This defendant avers upon information and belief that the stockholders of said insurance company at the time the stock was issued, paid full value therefor. VIII. This defendant denies that during the business life of said insurance company he was one of the managers and knew of the management and reports made to the public and to the insurance commissioners of Vermont, , 19... He admits that after the organization of said company there was delivered to him certain shares of stock which he declined to receive, but afterwards at the request of the manager, he received the same temporarily. He admits that he was at one time chosen a director and the treasurer, but that he immediately and peremptorily declined, because he had no interest in said company. He denies upon information and belief that said report made to the insurance commissioners of Vermont was false and fraudulent. IX. This defendant denies upon information and belief that the oflScers of said company began about June, 19.., to remove the assets from this state to another state, to-wit: the state of Illinois, but he admits upon information and belief that some of the officers reside out of the state of Vermont, but denies upon information and belief that under pretense that said company was solvent, the company continued its agencies in Vermont and elsewhere, and sought and obtained insur- ance for which it was paid, and that it paid no losses or honest bills. This defendant denies upon information and belief that all revenue of said company was fraudulently squandered by officers in charge of the finances of the company, in fraud of the rights of the creditors, and denies upon information and belief that bonds were not taken from the officers of the company for faithful performance of their duties. X. This defendant says that having never had anything to do with the management of said company, he is unable to give any information as to the expenditures and receipts of said company, and he has no knowledge as to the whereabouts of the books. XI. He admits upon information and belief that the company, owing to the shrinkage in value of the assets, is hopelessly insolvent, but denies that he is liable in any way for any debts or liabilities of said company. XII. This defendant denies that he has been guilty of any fraud as charged in paragraph 12 of said bill. ANSWERS AND REPLICATIONS 613 XIII. This defendant denies that he has, or ever had, any intention of placing his property beyond the reach of legal process, but avers that his property is now and always has been, and always will be, ready to respond to any just debts, and he avers that he is amply solvent and able, and willing to pay and discharge all his just debts and liabilities. This defendant denies that he is under any liability, legal or equitable, to be made holden for any debts or liabilities of the com- pany or to respond in any sum or sums to be used for such purpose. And he denies all and all manner of fraud and conspiracy as charged in said bill, and prays to be dismissed with costs. R. B., by E. D., Solicitor. E. D., Solicitor. WEST VIRGINIA 29 Form No. 522 (a) FOEMAL PARTS TO ANSWERS (Title.) The answer of the defendant, C. D., to the bill of complaint of A. B., filed in said Circuit Court of county, against this defendant. This defendant, reserving unto himself all right of exception to said bill of complaint for the many errors, uncertainties and imperfections therein contained, for answer to said bill of complaint, or to so much thereof as defendant is advised it is material or necessary for him to make answer unto, says: 1. (Insert iody of answer.) And now having fully answered the plaintiff's said bill, this defend- ant prays to be hence dismissed with his reasonable costs in this behalf expended, and he will ever pray, etc. C. D., by Counsel. X. Y. Z., Sol. STATE OF WEST VIRGINIA, County of to-wit: C. D., the defendant named in the foregoing answer, being duly sworn, says that the facts and allegations therein contained are true, except so far as they are therein stated to be on information, and that so far as they are therein stated to be upon information, he believes them to be true. C. D., Defendant. Taken, sworn to and subscribed before me this day of , 19. .. E. P., Notary Public. My commission expires 19. .. Form No. 523 (b) FORM FOR ANSWER WITH ALLEGATIONS AND PRAYER FOR AFFIRMATIVE RELIEF so (Title.) The demurrer and answer of M. B. to a bill of complaint filed in the Court of county, against her and others by T. J. 29 The above forms are peculiar to the chancery practice of West Virginia. 30 The above form is peculiar to the chancery practice of Wegt Virginia, 614 EQUITY FORMS This defendant demurs to said bill, and says that the same is not sufficient in law. And without waiving her said demurrer, but insisting and relying thereon, for answer to said bill, or to so much thereof as she is advised it is material that she should answer, says: (Here follow with denials and admissions as in usual ansioers.) And this defendant denies each and every other allegation of said bill not hereinbefore specifically denied or admitted, and calls tor strict proof of each allegation not admitted. And now, this defendant, setting up a claim for affirmative relief against the plaintiff and against the co-defendants herein, and each of them, for further answer to said bill, says: (Here insert allegations as of an original Mil and close with prayers as in an original Mil.) Form No. 524 (c) SPECIAL EEPLY TO ANSWER WITH PEAYBE FOE AFFIEM- ATIVE EELIEF ai (Title.) The general and special replication of A. B., plaintiff, to the joint and separate answer of C. D. and E. P., defendants. (Insert usual form of general replication.) And now this plaintiff by way of special reply to said answer of the defendants filed in this cause, wherein the said defendants pray for affirmative relief against this plaintiff, says: 1. That it is true, that negotiations were opened up between plain- tiff and defendants, looking toward an agreement to avoid litigation over this right of way, but plaintiff denies that any agreement, either verbal or written, was entered into by which plaintiff agreed to pay defendants one hundred dollars, or any other sum, for the privilege of hauling lumber from his mill ov^r their land to the public road; neither is it true that plaintiff refused to stand by his contract; and 2. That it is true that there were one or more fences or gates across the right of way in controversy, but that they were used, and gone through, at pleasure, without let or hindrance, and for all pur- poses by plaintiff and his predecessors in title, and without objection upon the part of defendants or their predecessors in title, and no compensation was ever demanded or paid for such user. And now having fully and specially replied to the defendants' claims for affirmative relief as made in the said answer, the plaintiff prays hence to be dismissed as to so much of said answer as sets up any claim for affirmative relief against this plaintiff. A. B., by counsel. X Y. Z., SoL Form No. 525 (d) ANSWER TO BILL FOE SPECIFIC PBEFOEMANCB s2 (Title and Commencement.) 1. That it is true as charged In said bill that he made and signed 31 The above form is peculiar to the chancery practice of West Virginia. 32 From Clark v. Gordon, 35 W. Va. 735. The above form, although obtained from the practice of West Vir- ginia, is available for use in general chancery practice. ANSWEES AND REPLICATIONS 61fi the option agreement referred to, but by said option agreement It is expressly stipulated that when the plaintiffs should elect to take his land under said agreement they were to pay him one-half of the pur- chase money in cash and the residue in nine months from date of said cash payment, the deed to be made when said cash payment was made; and on the 4th day of December, 19 . . , the plaintiffs through their agent, I. A. W., gave this defendant notice in writing that they elected to take said land mentioned in the said option agreement upon, the terms and conditions therein stated, and had this defendant sign his name to the acceptance of said notice, but although he demanded of the said W., agent as aforesaid, on the 4th day of December, 19 . . , through his agent, H. C, Esq., said cash payment, yet the said W., agent as aforesaid, declined and refused to pay the same and imme- diately went away. 2. Defendant several times through his agent, H. C, demanded of the plaintiffs said cash payment or to know whether they would take his land and pay for the same; to these inquiries he got no reply, until finally In March, 19.., he was informed through the said C, who at the time was acting for this defendant, that the plaintiffs through their agent, I. A. W., had declined to take said land on account of some supposed difficulty attending the title, and this defendant acting upon said information and fully believing that the plaintiffs did not intend to take his land and pay for it, sold the same to said C, who sold the same to defendant M. The plaintiffs by their conduct and representations in this matter induced the defendant to believe, and he did believe at the time he disposed of his said land to the said C, that the plaintiffs had abandoned the option contract and did not intend to comply therewith and take his said land and pay the purchase money therefor. 3. This suit was brought after the lapse of nearly eighteen months after the plaintiffs' said notice of election to take the said land, with- out having on their part complied with said contract or offered to comply therewith, either In their bill or otherwise. 4. Defendant insists that the said contract should not be enforced against him, not only on account of the matters above stated, but on account of the statute of frauds on which the defendant relies and which he pleads in bar of the plaintiffs' suit and action. 5. Defendant denies that he has been guilty of any fraud, bad faith or improper conduct in this transaction. Form Ko. 626 (e) ANSWER TO BILL TO SET ASIDE FEAXTOULBNT OONVEY- AKOESB (See Ull, Form No. 126, ante, p. HI.)' (Title and Commencement.) 1. This defendant knows nothing of the alleged promissory note which the plaintiff claims In his bill her co-defendant, J. S. C, made to the said C. E. H. for the payment of (Aescription) , and therefore demands strict proof of the making thereof. 88 The above form, although obtained from the practice of West Virginia, Is available for use In general chancery practice. 616 EQUITY FORMS 2. This defendant knows nothing of the pretended judgment men- tioned in the plaintiff's bill and therein alleged to have been recovered (etc.), and therefore demands the strictest proof of the said judgment and the rendering thereof. 3. This defendant says that it is true as alleged in the bill that this defendant's co-defendant, J. S. C, on the 18th day of August, 19... owned in fee a tract of land (description), as alleged in the bill, and that it is also true that on or about the 19th day of the same month and year, her co-defendant, J. S. C, conveyed the said tract to the defend- ant, G. C. B., in trust, to secure unto this defendant the note of her co-defendant, J. S. C, which he had before the date last aforesaid executed to this defendant for dollars, payable one year after the date of the said trust deed. 4. This defendant says that it is true that she is now and has been for at least 20 years past the wife of the defendant, J. S. C, and that she has always since her marriage with her co-defendant, J. S. C, lived with him as his wife, and is now so living with him. 5. This defendant denies that the said deed of trust and conveyance of the date of the 19th day of August, 19. ., was and is wholly without consideration deemed valuable in law, and she also denies that the same was made by the said grantor therein for the sole purpose of hindering and delaying the creditors of the grantor therein, or any of them, or for the purpose of hindering and delaying the payment of the said promissory note above mentioned, or for the purpose of evading the payments of the same in any way or manner. 6. This defendant says that it is not true as alleged in the bUl that her co-defendant, J. S. C, did not owe this defendant on the 19th day of August, 19. ., the whole' or any part of the said sum secured to her by the said trust deed, and that it is not true that she owned no estate of her own at the date of the said note and deed of trust, and this defendant here again denies that the said promissory note executed to her by the defendant, J. S. C, was or is without any consideration deemed valuable in law, and that the said indebtedness from said defendant, J. S. C, to this defendant, was not and is not a real and iona fide debt against the defendant, J. S. C; on the contrary thereof, this defendant says that her father, J. W., who lived in the county of in this state, was a man of property and means, and that out of his said property and means at different times, before the execution of said promissory note by her said husband to this defendant for the said sum, and before the execution of the said deed of trust, her said father advanced to this defendant large sums of money, amounting in the aggregate to about dollars, and the same was after the advancement thereof to this defendant by her said father her own separate money, means and property, and that this defendant out of her separate money, acquired by her as aforesaid from her said father, loaned to her said husband the sum of dollars for which the said promissory note was executed by her husband, J. S. C, to this defendant, and for the securing the payment of the said sum evidenced by the said promissory note, the said deed of trust was made by her said husband to the said G. C. B. So it is this defendant says that the said indebtedness from her said husband to this defendant was and is bona fide and was and is for valuable consideration and was not ANSWERS AND REPLICATIONS 617 and Is not in fraud of her husband's creditors and that the said deed of trust and promissory note were not and are not fraudulent, and were not made and are not for the purpose of hindering, delaying or defrauding the creditors of her said husband, or any of them, and this defendant denies all the material allegations contained in the plaintiff's bill not herein expressly admitted to be true. And having tlius fully answered, prays to be hence dismissed (etc.). Form No. 527 (f) ANSWER TO BILL TO REFORM A DEEDs4 (See Ull, Form No. 199, ante, p. 2.',S.) (Title and Commencement.) First. It may be true, as alleged in the bill of plaintiffs that the plaintiffs are the sole heirs at law of J. N. B. C, deceased, and that the said J. N. B. C. departed this life testate, on the day of January, 19 . . , and that he devised all his property, both real and personal to plaintiffs, but defendant denies that the said J. N. B. C. was the true and lawful owner of a tract of land (etc.), locally known as the "O'Brien Home Farm," at the time of his death. Defendant admits that J. N. B. C. claimed title thereto under a deed from B. R. and others, but defendant denies that B. R. ever had a good and lawful title thereto, but says that this defendant was the real purchaser of said land, and that B. R. only held the same in trust for this defendant. Second. It is true as alleged in the bill of plaintiffs, that the plain- tiffs delivered to this defendant a deed with covenants of special warranty, on or about the 3rd day of May, 19 . . , for a tract of land described in said deed as containing 645 acres, more or less, and that the consideration for said conveyance was $10,000, which was paid cash in hand by this defendant to the said plaintiffs. It is also true, as alleged in said bill, that the said deed of con- veyance dated May 3, 19.., was typewritten, and that the same was prepared by H. H. B., a lawyer residing in the city of And it is also true, as alleged in the said bill, that the said land so con- veyed was not described by metes and bounds, but was described by referring to a deed that had heretofore been made (etc.), and both of which deeds, defendant alleges were of record in the County Court Clerk's office of county long prior to May 3, 19 . . , the date of this deed to defendant. But defendant alleges that it was at the express direction of plain- tiffs that the clause was inserted in the deed to him, of May 3, 19 . . , showing that it was a conveyance by 'the boundary and not by the acre. Third. Defendant denies the allegation of plaintiffs' bill wherein it is charged that they sold to the plaintiffs a certain tract of land, and intended to convey to them by the deed aforesaid a tract containing 645 acres, more or less, situated (etc.) on the opposite side of the road from a tract of 152.55 acres, known as the "McGinnis" tract, of which no part was intended to be conveyed by the said deed, but defendant admits that prior to the 3rd day of May, 19 . . , J. N. B. C. had taken 3* The above form, although obtained from the practice of West Virginia, is available for use in general chancery practice. 618 EQUITY FORMS title In some manner to a tract of land containing about 152.55 acres, which had formerly been owned by P. M. Defendant denies the allega- tion of plaintiffs' bill that the plaintiffs are now in possession of this said tract of McGinnis land, or that they have ever been in possession of the same since May 3, 19. ., or any part thereof. And defendant denies that plaintiffs had no information of the methods used in describing said tract of land, or that the said method of describing the said land in any manner deceived the plaintiff, but defendant alleges that they had agreed and contracted with him, for the consideration of $10,000 to convey to him all the lands mentioned and described in the said deed of May 3, 19 . . , and defendant denies the allegation of the bill of plaintiffs that this defendant did not know that they were to convey to him all the land embraced in the said deed to him. It Is true that part if not all of this McGinnis tract of land was conveyed to defendant by the deed of May 3, 19.., and that he has caused a wire fence to be built around this tract of land and defend- ant alleges that he is the true owner thereof. Fourth. Defendant does not know when plaintiffs learned that de- fendant was in possession of this McGinnis land, but defendant took possession of this land soon after the date of his said deed, of May 3, 19 . . , and he has continued in open, adverse and notorious possession of the same ever since, and he is now in open, hostile auid adverse possession of the same, claiming under the deed of May 3, 19. ., from the plaintiffs to him. Fifth. Defendant denies the allegation of plaintiffs' bill wherein they state that at the time of the execution of the said deed on May 3, 19.., from themselves to this defendant, that plaintiffs did not know nor were they Informed that the method employed by the scrivener in describing the said land, which was not by metes and bounds nor by giving the names of the owners of land adjoining this, but by referring to other deeds previously made, conveyed any part of the 162.66 acres of land known as the McGinnis land. And defendant also denies the allegation of the plaintiffs' biU that plaintiffs sold and Intended to convey and believed and thought they were conveying when they executed the said deed to the said defendant, only the said tract of land referred to as containing 645 acres, more or less, 'lying on the opposite side of the road from the said tract of 152.56 acres known as the McGinnis tract of land," and defendant denies the allegation In the plaintiffs' bill that had plaintiffs known or been Informed at the time the said deed was made that the desorlption In the said deed conveyed part of the said McGinnis tract, or that the calls, or metes and bounds, in the deed from B. R. to M. N. O. embraced part of the lands not owned by plaintiffs, that they would not have executed nor delivered the deed to the said D. O. But defendant alleges that the plaintiffs knew at the time the said conveyance was made on May 3, 19.., and for a long Ume prior thereto, that the deed executed by B. R. to the defend- ant, M. N. O., deecrlbed the land conveyed by metes and bounds, and as containing 795 acres, more or lees. Sixth. Defendant denies the allegation in plaintiffs' biU wherein It is charged that H. H. B. did not know when he wrote the deed of May 3, 19 . . , from plaintiffs to defendant, and when he inserted the description therein and referred to the other deed, that the said deed ANSWERS AND REPTJCATIONS 619 of May 3, 19 . . , contained any part of the McGlnnls tract mentioned in the t>ill ot the plaiintiSs, and defendant denies the allegation of said bin that at the time of the execution of the said deed that de- fendant did not know that said deed embraced said land, and defend- ant denies the allegations of plaintiffs' bill that plaintiffs did not know that it embraced part of said McGinnis land at the time of the making of this deed. And defendant denies the allegation of plain- tiffs' bill that H. H. B. well knew that plaintiffs had no thought or intention of conveying to defendant any part of the McOinnis land. And defendant denies the allegation of said bill that the description prepared and made in the said deed by the said H. H. B. is not the true and proper description to be embraced therein, and denies that there is error in the said deed. But defendant alleges that he knew well the land conveyeji by the said deed and the description therein embraced the McGinnis land mentioned in the bill of the plaintiffs. And defendant alleges that the plaintiffs knew this and Intended to embrace this said McGinnis land in the said deed, and had known the same for a long time. And defendant alleges that these lands were sold to him for a consideration of ?10,000, and that they were agreed to be sold and conveyed to him, and that the deed of May 3, 19 . . , only embraced what was intended to be conveyed to him by plaintiffs for the consideration of the 110,000 aforesaid. ' Defendant is not able to admit or deny the allegation of plaintiffs' bill wherein it Is stated that a request was made through defendants' attorney to defendant to reconvey this land to plaintiff, but if such request had been made to defendant he would have refused, and it is true that defendant now refuses to reconvey any part of the land conveyed to him by deed of May 13, 19.., by plaintiffs, but defendant here offers to reconvey to the plaintiffs, in so far as he is able to do so, all the lands which were conveyed to him by said deed, upon the return of the ?10,000 paid by him for said land, together with its interest to date. Seventh. It Is true as alleged in the bill that defendant has con- veyed away certain portions of said real estate to certain persons mentioned in plaintiffs' bill, but defendant denies that they knew or had any reason to believe that there was any defect in defendant's title to the same, and denies that he has conveyed away any of what is mentioned In plaintiffs' bill as the McGinnis tract, since May 3, 19 . . . Eighth. Defendant further denies each and every allegation of the plaintiffs' bill not hereinbefore specifically answered or denied respecting the matters set up in said bill and the conveyance of May 3, 19.., to this defendant. Form No. 628 (g) ANSWER TO BILL FOB PABTITIONss (Title.) 1. It is true that by deed dated the day of 18. ., J. H. S. conveyed to W. C. W. and J. W. the tract of land mentioned 35 The above form, although obtained from the practice of West Virginia, is available for use in general chancery practice. €20 EQUITY FORMS in the bill, but defendant denies that W. C. W. departed this life the owner in fee simple of an undivided half interest in said land, and that the plaintiffs are tenants in common, joint tenants or coparceners with this defendant in said land, but on the contrary, this defendant is the owner in fee simple of said tract of land, and he and the per- sons under whom he claims, have had actual, adverse, notorious and continuous possession of said land, holding same in severalty under title papers by which the whole title and interest in said land were conveyed for a period of more than ten years before the institution of this suit 2. Several years before the death of W. C. W., to-wit, on the day of , 19. ., he sold his interest in said land to J. W. at the price of |200, to be paid in one and two years from date, and at that time executed a title bond to J. W. binding himself to convey said land to said J. W. when the purchase money was paid. At the same time J. W. executed to said W. C. W. his two bonds, each for the payment of |100 and due at one and two years from date, and each of said bonds were paid to W. C. W. in his lifetime, and by deed dated the day of , 19. ., said W. C. W. and wife conveyed his interest In said land to J. W. Said deed is of record in county, and a copy of same is herewith filed marked "Deed No. 1" and asked to be read and considered as part of this answer. 3. Afterwards, to-wit, on the day of , 19. ., J. W. and wife conveyed said land to this defendant, which last mentioned deed is of record in county, and a copy of same is herewith filed marked "Deed No. 2," and asked to be read and considered as part of this answer. 4. Immediately after J. W. purchased said land from W. C. W., to-wit, on the day of , 19 . ., he entered into posses- sion of the same and he and this defendant, and the persons under whom this defendant now claims, have had actual adverse, notorious and continuous possession of same until the present, and this defend- ant is now in possession of said land, claiming in severalty. 5. By deed dated the day of , 19 . . , the plaintiffs, W. D. B. and E. B., his wife, conveyed to R. W. all the interest in the lands inherited by E. B. from her father, W. C. W. By deed dated the day of , 19. ., the plaintiffs, G. W. and wife, con- veyed all the interest in the "W. C. W. land to J. W. Said two last mentioned deeds are of record in county, and copies of same are herewith filed marked respectively (etc.). 6. By deed dated the day of 19. ., the plaintiffs (naming them) conveyed to J. W. a tract of land, and in this deed it is recited that certain parties thereto are children and heirs at law of W. C. W., deceased, and that they, by agreement, had partitioned and divided the estate of said W. C. W. among themselves, allotting to each one his or her portion in said estate. Said deed is of record in county, and a copy of same is herewith filed marked (etc.). This deed shows that all the land owned by W. C. W. at the time of his death was partitioned among his heirs according to their respec- tive rights, and this defendant avers that it was never at any time after the death of W. C. W. claimed that the land in the bill mentioned was part of his estate. ANSWERS AND REPLICATIONS 621 7. By five certain deeds which are of record in county, certain of the plaintiffs, to-wit (.naming them), have recently conveyed their pretended claim and interest in the land mentioned in the bill to J. D. P.; copies of said conveyances are herewith filed marked respectively "Deed No. 7" (etc.). 8. Defendant denies all the allegations of the said bill not herein- before admitted or denied. Form No. 529 (h) ANSWER TO BILL TO BEMOVB CLOUD 36 (See Hll, Form No. 264, ante, p. 550.) (Title and Commencement.) 1. It is true as alleged in plaintiffs' bill that in the year 19.., one O. P. was the owner of a tract of land (description). But defendant denies that said O. P. on the day of 19 . . , executed a deed of trust on the said land, to secure to J. E. R. the payment of a sum of money as stated in the bill. 2. Defendant denies that R. M. L., on the day of 19. ., or at any other time, instituted a suit in chancery in the Circuit Court of said county to sell the said land, or that said land was ever sold in any such suit, or decreed to be sold in any such suit, or that the said land was ever conveyed to W. W. M. by H. C. R., special commissioner, as alleged in said bill, and asts that the plain- tiffs be required to establish these allegations made by them by full proof. 3. Defendant avers that prior to the year 19. ., the said 0. P. owned all the land mentioned and described in said bill except that portion (description) , then and now owned by this defendant; that this portion belonging to this defendant and the extent of it was well known to the said O. P., as well as to this defendant, at that time, and said 0. P. never claimed title to any part of said defendant's land but admitted this defendant's title thereto. And defendant avers that his said land or any part thereof was never conveyed by said deed of trust, nor was it sold in any suit as alleged in the plaintiffs' bill. 4. Defendant further says that on the day of 19. ., he and the said O. P. entered into a written agreement, whereby for a valuable consideration stated therein said P. sold to this defend- ant all the land owned by him (description), and the said P. agreed in said written agreement to convey this land to this defendant when the purchase price therefor should be fully paid; thereafter, to-wit, in the year 19 . . , defendant paid said O. P. the whole of said purchase price for said land, according to the terms and conditions of said written agreement, and was entitled to a deed therefor. Thereafter, to-wit, on or about the day of , 19 . . , said O. P. departed this life without having made to defendant a deed for said land, and thereafter, to-wit, on the day of 19.., defendant Instituted a suit in chancery in the Circuit Court of said county, praying that a deed for said land be made to him, and on the day of , 19 . . , a decree was entered in said 38 The above form, although obtained from the practice of West Virginia, is available for use in general chancery practice. 622 EQUITY FORMS cause adjudging that the title to said tracts of land was In this defendant, and the court directed a deed to be made to him for the same, and appointed one J. B. E. a special commissioner for that pur- pose; on the day of , 19. ., in pursuance of said decree said J. B. E., special commissioner, made to defendant a deed (descrip- tion). A duly attested copy of said decree and deed la filed herewith as a part of this answer, marked "Exhibit D" and "Exhibit E." 5. Defendant further says that at the time he made the written agreement, and under and by virtue of that agreement, he took possession of the said land, and has since that time had continuous, exclusive, open, notorious and uninterrupted possession of all the said land since that time and is now in possession of the same and has paid the taxes regularly on the same day each year and has had the said land charged to him on the land books of said county each year, and he says that he has a good title to all of the said land, which is mentioned in the plaintiffs' bill. 6. Defendant further says that the plaintiffs and the infant de- fendants, or either of them, have no title whatever to the said land or to any part thereof; that the tract of land described in the plain- tiffs' bill is not the same tract of land described in the "Exhibit A" filed therewith, and that the deed from H. C. R., special comniissioner, to W. W. M., filed with said bill, does not convey the land owned by this defendant, nor does it describe that land. 7. Defendant denies that the plaintiffs or any or either of them, or the infant defendants, have ever had actual possession of said tract of land or that they or either of them have ever had any possession thereof, in any manner, but he avers that they have never had pos- session of said land nor have they had the same charged to them on the land books of county for taxation, nor have they paid any taxes thereon, and if they or any of them ever had a claim of title to this tract of land the same has long since been forfeited to the state under the forfeiture laws of West Virginia. 8. Defendant says that it is not true as alleged in said bill that the plaintiffs and infant defendants are in the actual and physical possession of the said land herein mentioned, by a tenant actually residing thereon and placed there by them, but he asserts the fact to l>e that on or about the day of , 19 . ., one A. B., in the nighttime and without the knowledge or consent of this de- fendant, did clandestinely enter upon a part of the land described in the plaintiff's bill, and constructed a camp or cabin thereon, and since that time has been staying at said camp or cabin, and if this is an attempt to take possession of said land it is the first and only attempt that has ever been made to do so by any one except this defebdant, and he further alleges that if the said A. B. did this as an attempt to take possession of said tract of land, as tenant of the plaintiffs, or of the Infant defendants, that both the plaintiffs and the Infant defendants and said B. well knew at that time that this defendant had absolute possession and control of said tract of land, and had had such possession for many years, and that he had the only title to said land, and his acts on behalf of the plaintiffs and the infant defendants were a subterfuge and a clandestine attempt to take possession of said tract of land for the purpose of bringing ANSWERS AND REPLICATIONS 623 this suit in a court of equity rather than attempt to assert their pre- tended title by a court of law. 9. Defendant denies each and every allegation in the plaintiffs' bill not specifically admitted to be true in this answer. Form No. 530 (i) ANSWER TO BILL TO CONTEST WILL 37 {Title and Commencement.) These defendants, for answer to said bill, say that this male defendant is the son-in-law, and this female defendant is the daughter of the said H. N., deceased, in the plaintiffs' bill mentioned; that said H. N. on the day of 19 . ., made and published his last will and testament; that at the time he made and published said last will his mind was clear, his judgment good and his under- standing intelligent and unimpaired; that his eyesight was somewhat defective, but aside from this both his physical and mental condition, notwithstanding his great age, were unusually vigorous for a man of his advanced age; that he had always been a safe and cautious busi- ness man, with a strong will and great reliance upon his own judg- ment; that at the time he made said will all his faculties were in good condition, and capable of fully comprehending the disposition he was making of his property; that said H. N. departed this life on the day of , 19 . . , and on the day of said month his sdid will was duly proved and admitted to probate as set forth in the plaintiffs' bill. These defendants deny that the mind of said H. N. was in any manner or to any extent Impaired by the use of intoxicating liquor. They deny that he was peevish, or that his mind was so relaxed as to make him unfit to make a will. They deny that he was whimsical and easily arrayed against his best friends. And these defendants deny that they, or either of thena, had or used any undue infiuence over hfm, or that they in any form or manner prejudiced him against any of his children. They deny that said will was made by and under their persuasion and undue infiuence. They deny that they, or either of them, was present at the time said will was prepared, or that they knew its contents until after it was executed and published by the testator; and so they say that said paper is the will of said H. N., made by him in the full exercise of his will and faculties, without the control, influence or dictation of any one, so far as these defendants know and believe. NEW JERSEY Form No. 5S0a ANSWER TO BILL TO QUIET TITLE {Title and Commencement.) The answer of the defendants, C and D, his wife, to the bill of complaint of A. complainant, These defendants answering the Bill of Complaint say that: 1. These defendants have no knowledge or information suflBclaat to form a belief as to the statement In paragraphs 1, 2, 3, 4, 5 and 6. 37 The above form, although obtained from the practice of West Vir- ginia, is available for use in general chancery practice. 624 EQUITY FORMS 2. Paragraphs 7 and 8 are admitted, except In so far as is therein alleged that the claims of the defendants are without foundation, unjust, vexatious and void. 3. These defendants have no knowledge or information sufficient to form a belief as to the statements in paragraph 9. And defendants further answering say: 4. Y, father of defendant C, died on October 7, 1877, leaving a widow, four daughters and two sons, the said C and G and leaving a Will which was probated by the Surrogate of the County of Essex on October 18, 1877, and is recorded in Book of Wills for said County, on page and appointed his wife, H, executrix. Said Will gave to his daughters a life interest in the estate of the testator, and did not dispose of the estate in remainder. 5. The premises described in the Bill of Complaint were, on or about the 30th day of March, 1882, purchased by H, executrix of the Last Will and Testament of Y, out of funds of the Estate of said Y, and thereupon and in consideration of the payment of said funds were conveyed to her as Executrix of said Last Will and Tes- tament, by deed made by and his wife, to the said H, Executrix of the Last Will and Testament of Y, and re- corded in the Office of the Register of the County of Essex in Book of Deeds, on pages ; that thereby and under and by virtue of said Will of said Y, defendant C became entitled to a vested one-sixth interest in and to said premises, subject to a life interest or estate in his four sisters in the whole of said premises. 6. That thereby and under and by virtue of the terms of said Will of said Y the said G became entitled to a like interest in said premises. 7. G died intestate and unmarried and thereby and thereupon his interest descended to this defendant and his four sisters. 8. By virtue whereof this defendant is now seized of an undi- vided one-fifth of and in said premises. 9. The defendant, D, is entitled to an inchoate right of dower in said undivided one-fifth of said premises. (Signature.) NEW JERSEY Form Ko. 530b SPECIAL REPLICATION TO ANSWER ON BILL TO QUIET TITLE By way of special replication, by leave of the Court first had and obtained, in reply to Paragraphs 2, 3, 4, 5 and 6, in said answer, the defense therein stated not having been anticipated in the Bill of Complaint, complainant says: 1. He admits that Y died and that by his Will he dis- posed of a life estate in his entire estate, but that he died intestate as to the remainder. 2. He admits that the premises in question were not owned by Z, the Testator, and alleges that Z had no interest therein and that the same were purchased out of the funds of the estate of said Y by his Executrix, who took the title in her name as such Executrix. Upon the death of H, Executrix of the Last Will and Testament of ANSWERS AND REPLICATIONS 625 I was appointed Administratrix with tlie Will Annexed, and for the purpose of settling the title to the premises in question among others and procuring a decree declaring that a good and sufficient title was vested in her as the legal representative of said Testator, and for the purpose of partitioning said lands as well as for the purpose of having and receiving such other and further relief as the nature of the case might require, she filed a bill In the Court of Chancery of New Jersey, in in which cause all the heirs of Y including the children of deceased children of said Y being all the persons in interest, were made parties defend- ant and duly served with process as required by law and the rules of this Court. 3. Defendants, C and D, were served with a subpoena and re- spondendum on and no answer was filed by them within the time limited by law or at any other time. A decree pro con- fesso against them as well as against several other parties defendant was entered 4. Thereafter, on a petition was filed by the complain- ant, I, Administratrix as aforesaid, praying leave to sell the premises in question, together with another tract, alleging that a contract had been made with B, the grantor of the complainant herein and asking for leave to carry out the terms of said contract. An order to show cause was based upon said petition and made returnable The said order to show cause by its terms, required that notice of said application be given to all answering defendants and infants who had entered appearance. By the terms of said order to show cause, no notice was required to be given to defendants C. and D. 5. Said defendants, notwithstanding the terms of said order to show cause, had actual knowledge of said application and have had actual knowledge of the sale of the premises in question for many years, but have never asserted their claims against the peaceable possession of complainant's grantor. 6. On return of said order to show cause, to wit, an order was made directing anc". approving the sale of the premises in question to B, for $ and directing the. execution and delivery of a deed conveying the same to him. The said deed was duly executed as alleged in the Bill of Complaint. 7. Complainant denies that defendant C became entitled to a vested one-sixth interest in said premises by virtue of said Will of Y and that upon the death of his brother, G, he became seized of an undivided one-fifth share in the premises in question, but on the contrary alleges that the said C and G never acquired any interest and have no interest now in the premises in question. 8. Complainant joins issue upon the remainder of the answer. (Signature.) Form No. 630c ANSWER TO SPECIAL REPLICATION ON BILL TO QUIET TITLE The defendants, C and D, answering the replication of the com- plainant, says: 626 EQUITY FORMS 1. They admit Paragraph 2 of the Replication, except as it is therein alleged that the said I, Administratrix with the Will an- nexed of Y, filed a bill in the Court of Chancery of New Jersey, lor the purpose of among other things, "settling the title to the prem- ises among others," which allegations defendants deny and assert that the settling of the title to the premises among others was not one of the objects of the said suit. 2. They admit Paragraph 3 of the Replicatioa, except as it is therein alleged that a Decree Pro Conf esse in said 9Uit passed against these defendants on September 29, 1892. Said decree was actually entered on September 29, 1891. 3. They admit Paragraph 4 of the Keplication, but aver th^t after the filing of the bill of complaint, in the cause referred to in Paragraph 2 of the Replication, which cause had for its objects the construction of the Will of Y and the partition of his estate, these defendants being in accord with the objects of said bill and not desiring to oppose either the construction of said Will or the partitioning of said Estate, permitted a decree Pro Confesso to be entered against them on September 29, 1891, to the end that such decree might be made against them as the Chancellor should think equitable and just, in view of the avowed objects of said bill and the rules and practice of the said Court of Chancery. Alter the making of said decree Pro Confesso, the complainant herein, how- ever, without amending or supplementing her said bill or without the issuance of any subpoena or citation to defendants and without any notice to defendant of her intention to do so, applied for and obtained from said Court an order to show cause why she should not carry out a contract alleged to have been made by her with said B, and set forth In a petition then filed in said cause. Although said complainant avers that the said rule to show cause was not served upon these defendants because by its terms it was not re- quired so to be, nevertheless, these defendants allege that a sale of the premises to said B, or any one else, was not mentioned in the bill of complaint, nor was the amount of the purchase price therein fixed, nor was anything contained therein which indicated to these defend- ants that other than the construction of the Will as aforesaid and partition were contemplated by said proceedings. The application, therefore, to sell to said B was a new and original proceeding by virtue of which defendants were, according to the roles and estab- lished practice of this Court, entitled to notice, either by way of express notice in the cause, or by the issuance of citation or sub- poena and service tbereol upon the defendants. The failure to pur- sue either of said courses resulted In the making absolute ol said order to show cause for the sale to sadd B without notice to these defendants, who allege that this Oonrt was, therefore, without Juris- diction to make said orders so far as these defendants are concerned, and that the aforesaid sale was void as to them. 4. Defendants deny Paragraph 5 of the Replication, except as It is therein averred that they had actual knowledge of the sale, and they assert that said knowledge was obtained long after the sale had taken place and that they have never ratified the same. ANSWERS AND REPLICATIONS 627 6. Defendants admit Paragraph 6 of the Replication but assert that said order and conveyance were inoperative in so far as they were concerned by virtue of the matters and things set forth in Paragraph 3 hereof. {Solieitor for Defendants.) FLORIDA STATUTE [Note. Chapter 6807— (No. 101) Ap. May 21, 1915, entitled An Act Relating to Answers in Chancery, provides as follows:] Section 1. That the defendant in his answer shall in short and simple terms set out his defense to each claim asserted by the bill, omit- ting any mere statement of evidence and avoiding any general denial of the averments of the bill, but specifically admitting or denying or explaining the facts upon which the plaintiff relies, unless the defend- ant is without knowledge, in which case he, the defendant is without knowledge, in which case he shall so state, such statement operating as a denial. Averments other than of value or amount of damage, if not denied, shall be deemed confessed, except as against an Infant, lunatic or other person non compos and not under guardianship, but the answer may be amended, by leave of the Court or Judge, upon reason- able notice, so as to put any averment in issue, when justice requires it. The answer may state as many defenses, in the alternative, regard- less of consistency, as the defendant deems essential to his defense. The answer must state in short and simple form any counter-claim arising out of the transaction, which is the subject-matter of the suit, and any, without, cross-bill set-off or counter-claim, so set up, shall have the same effect as a cross-suit, so as to enable the Court to pro- nounce a final judgment in the same suit on the original and cross- claims. [Florida forms, see p. 576.] CHAPTER XXVII DECREES OF DISMISSAL ALABAMA! Form No. 531 DECBEE DISMISSING BILI. ATTEB HEARING {Title as in an original Mil.) This cause coming on to be heard on the day of , 19. ., on the bill of complaint as last amended in this cause filed, and the joint and several answer as last amended of the defendants, C. D. and E. F.; and also upon the testimony as noted by the Register; and all the parties thereto being present In person or represented by coun- sel; and the court having heard arguments of counsel upon the mat- ters at issue, it is ordered, adjudged and decreed that the plaintiff's bill be dismissed, but without costs to any party. Ordered, adjudged and decreed this day of 19. .. X. Y., Chancellor. DELAWARE ^ Form No. 532 CONSENT DECBEE DISMISSING BILL (Title as in an original bill.) And now, to-wit, this day of , A. D. 19 . ., upon motion of G. H., Esquire, solicitor for the complainant, E. P., Esquire, one of the solicitors for the defendants, being present and assenting thereto. It is ordered, adjudged and decreed by the Chancellor that the bill of complaint heretofore filed in the above stated cause be and the same is hereby dismissed; that the restraining order heretofore issued be and the same is hereby dissolved, and the rule to show cause why a preliminary injunction should not be issued discharged. And further, that the complainant pay the costs of this cause, which are hereby taxed at the sum of dollars and cents, within sixty days from this date, or attachment. X. Y., Chancellor. 1 The above form, although obtained from the practice of Alabama, is available for use In general chancery practice. 2 The above form, although obtained from the practice of Delaware, is available for use in general chancery practice. 628 DECREES OF DiSMlSfSAL 629 FLORIDA 3 Form No. 533 DECREE DISnnSSING BILL ON MOTION OF COMPLAINANT BEFORE ANSWERS FILED (,Title as in an original bill.) This cause coming on to be heard this day upon the motion of the complainant for leave to dismiss without prejudice his bill of complaint heretofore filed in the above entitled cause, and it appearing to the Court that the said bill has not been taken out of the office of the clerk and no answers or pleas have been filed thereto by any of the several persons made parties defendant to said bill and that said order should be granted. It is therefore ordered, adjudged and decreed that the bill of com- plaint in the above stated cause be and hereby stands dismissed at the costs of the complainant and without prejudice to the complainant and his rights set up and asserted therein and thereby. Done and ordered at Chambers in the city of , county of Florida, this the day of , A. D., 19... X. y.. Judge. ILLINOIS' Form No. 534: CONSENT DECREE DISMISSING BILL AFTER BILL AND CROSS BILL A. B. et al. "j vs. I Bill. J. A. S. J J. A. S. "I vs. t Cross Bill. A. B. et al. J Now comes the complainants by B. R. D., their solicitor, and J. A. S., cross-complainant by M. F. and B., his solicitors, and it appearing that all the parties who have appeared in said cause have had due notice of this motion, and the court being advised in the premises: It is hereby ordered that the original bill and the amended bills of A. B., and E. F., trustee, be, and the same are hereby dismissed, without prejudice to the cross bill heretofore filed in the above entitled cause by J. A. S. It is further ordered that the said cause proceed upon the issues raised by the cross bill of J. A. S. and the answers thereto, heretofore filed. It is further ordered that the said cross bill of J. A. S. be and the same is hereby dismissed as to the following cross-defendants, named in said cross bill, X. Y. Z. (etc.). It is further ordered that C. G., heretofore appointed receiver in the above entitled cause be, and he is hereby, discharged as such re- ceiver, and his bond as such receiver released. 3 The above form, although obtained 'from the practice of Florida, is available for use in general chancery practice. * See bill. Form No. 69, ante, p. 46. The above form, although obtained from the practice of Illinois, Is available for use in general chancery practice. (130 EQUITY FORMS MAINE 5 Foim No. 635 Xa.) OBDINASY DEOBEE DISMISSHTG BILL STATE OF MAINE (Name of county), ss. Supreme Judicial Court. In Equity. A. B. vs. C. D. Docket No 6 Date of hearing, , 19 . . . PINAL DECREE This cause came on to be heard {or to be further heard, as the case may be) t this day and was argued by counsel; and thereupon, upon consideration thereof.s it Is ordered, adjudged and decreed, that the said bill be dismissed. Justice Supreme Judicial Court. Dated » this day of 19. .. Form No. 536 (b) CONSENT DECBEE DISMISSING BILL {Headings as Above.) This sause came on to be heard this day (upon bill and answei' or othenoise as the case may be), and thereupon, upon consideration thereof, and by agreement of the parties, it is ordered, adjudged and decreed (conclusion as in above form). Form No. 537 (c) DEOBEE DISMISSING BILL WHEBE FEBSON AFPEABS AT HEABINQ AND SUBMITS TO BE BOXTND (Title and Oommencement.) ■> This cause came on to be heard upon this day (upon bill, etc., as the case may be) and thereupon G. H. of , now appearing and submitting to be bound by the decree and proceedings In this cause, in the same manner as if he had duly entered an appearance to the plaintiff's bill (or had been originally made a defendant in this cause) and the plaintiff by his counsel consenting thereto, it is ordered, ad- judged and decreed that the said bill be dismissed. (Conclusion.) 5 The above form, although obtained from the practice of Maine, is available for use in general chancery practice. 8 According to Chancery Rule 29 the decree must be entitled with the name of the county, date of the bearing, the docket number of the cause, and the names of the parties. ' It is also advisable to add here the words "upon bill and answer" or "upon bill, answer, replication and proofs" or otherwise as the case may be. 8 The practice Is approved by some members of the court of inserting here in every case where decree is in favor of the plaintiff, the words "the plaintiff's bill is sustained with costs" (or "without costs," as the case may be) "and It is ordered," etc. » E3very order or decree must bear date upon the day on which it is filed and entered. R. S. (1903) Ch. 79, § 28. DECREES OP DISMISSAL 631 MASSACHUSETTS lo Equity Rule XXXVII o£ the Superior Court reads as follows: "The solicitor of the party in whose favor a decree or order is passed shall draw the same; and without reciting previous proceed- ings, decrees shall begin, in substance, as follows: " 'This case came on to be heard (or to further heard, as the fact may be) at this sitting and was argued by counsel; and thereupon, upon consideration thereof, it is ordered, adjudged, and decreed,' etc. "But if it is intended that the final decree shall serve as a record of the case, proper recitals of previous proceedings may be inserted therein." Form No. 537a CONSENT DECBEi: DISMISSINQ BILL COMMONWEALTH OF MASSACHUSETTS < Name of county), ss. Superior Court. A. B. vs. C. D. FINAL DECREE This case came on to be heard at the January Term, A. D., 19 . . , and was argued by counsel and thereupon upon consideration thereof and the consent of all parties thereto it is ordered, adjudged and decreed that the plaintiff's bill be dismissed without costs to defendant. By the Court, E. F., clerk. MICHIGAN'! Form No. 538 CONSENT DECREE DISMISSING BILL (Title as in an original hill.) This cause having come on to be heard upon the pleadings and proofs taken therein, and having been argued by counsel for the re- spective parties, and the court having had the same under advise ment: Now, therefore, upon due consideration thereof and the parties hereto consenting it Is ordered, adjudged and decreed, and the Court now here doth order, adjudge and decree, that the complainant's bill of complaint be, and the same is hereby dismissed without costs to either party.* B. F., Circuit Judge. Examined, countersigned ajid entered by me. G. H., Register In Chancery. (If vMfvout prejvMoe, at the * insert : But without prejudice to such further action or proceeding to be taken by the complainant touching the subject matter of the said bill, as be shall be advised.) lb The above form, altbougb obtained from the pcs^cticie of Massa- chusetts, is available for use in general Chanciery pra to the proceedings, that fact should appear in decree as 'well as in petition.) As by said petition on file appears, and the said petitionee, after having been duly summoned to answer the said petition, not appear- ing, or making any answer thereto; And it furthermore being made manifest that the facts stated in said petition are true, and that there is now due to the petitioner the sum of dollars and cents on the said mortgage, and that the costs of this suit amount to dollars and cents, making in the whole the sum of dollars and cents ; (And it furthermore being made to appear that there will here- after become due the petitioner the following sums, viz.:) (Use thisi paragraph in decree only when the entire indebtedness is not due.) It is thereupon ordered and decreed by the Court, that unless the said C. D. pay to the clerk of this Court, for the benefit of the petitioner, said sum of dollars and cents with in- terest thereon from the date of this decree on, or before, the day of A. D. 19.., (if all of the mortgage debt is not due, then the petitionee should be ordered and decreed to pay sy,ch indebt- edness within the time which is given for redemption and the decree drafted accordingly) the said C. D. and all persons claiming under shall be foreclosed and forever barred from all equity of redemption In the premises above described. s (If parties other than the petitionee claim an interest in the m,ort- gaged premises, the decree should be drafted so that they, and all persons claiming under them, will be foreclosed and forever barred, from all equity of redemption in the mortgaged premises. It is the practice in Vermont to give second mortgagees' ten days longer in which to redeem than the time given mortgagor.) Dated in Court this day of , A. D. 19. .. X. T., Chancellor. 706 EQUITY FOEMS I hereby certify the foregoing decree to be drawn in accordance with the petition, the master's report, and the order of Court, and to be correct in form and substance. E. F., Solicitor. Form No. 651 (3) DECEEE DISSOLVING COEPOEATION (See Mil, Form No. SOS, ante, p. 411.) (Title.) This case came on to be heard at this term and was argued by counsel for orator, and thereupon on consideration thereof it is or- dered, adjudged and decreed as follows: The said corporation of the R. Insurance Co. is dissolved and its corporate existence is hereby terminated. 'the settlement made with R. B. by the receiver of the claimed liability that was made against him, fully set forth in the master's re- port, is hereby confirmed and established. The report and rulings of the master as to all claims against said R. Insurance Co., presented before him and fully set forth in his report are hereby confirmed and established. The account of the receiver for his services and the account of B. and M. for services and disbursements are approved and allowed and are ordered to be paid from the fund in the hands of the receiver as reported by the master. The balance of the fund remaining in the receiver's hands is or- dered to be distributed by him to the several creditors whose claims were allowed by the master pro rata upon their respective allowances as shown by the master's report. Done in Court this day of , A. D. 19. .. X. Y., Chancellor. WEST VIRGINIA *2 Form No. 652 (1) DECEEE FOB SPECIFIC PEEFOEMANCE (Formal parts to all decrees as in West Virginia form for Decree of Dismissal, Form No. SJ/S, ante, p. 633.) It is therefore adjudged, ordered and decreed that upon the pay- ment into Court by the plaintiff of the sum of f ;.., as in his bill tendered, the defendant, C. D., make, execute and deliver to said plaintiff a good and sufficient deed, conveying to him with covenants of general warranty the land mentioned and described in the bill and proceedings, according to the metes and bounds set forth in the written contract between plaintiff and defendant, dated the day of , 19.., and exhibited with the plaintiff's bill. And it said defendant should fail or refuse to so execute and deliver such deed within ten days from the adjournment of this Court, it is fur- ther adjudged, ordered and decreed that X. Y. Z., who is hereby ap- pointed a special commissioner for that purpose, shall make, execute *2 The above forms, except No. 672, although obtained from the prac- tice of West Virginia, are available for use in general chancery practice. DECREES 707 and deliver such deed to the plaintiff, and shall be allowed a fee of $ for the same, which shall be taxed as part of the costs of this suit. Form No. 653 (2) DECREE FOR CANCELLATION OF VOID DEED That the deed of the plaintiff, A. B., to the defendant, C. D., dated the day of 19 . . , a copy of which is exhibited with the plaintiff's bill, be and the same is hereby set aside, canceled, annulled and held to be absolutely void. Form No. 654 (3) DECREE SETTING ASIDE FRAUDULENT CONVEYANCE That the deed of the defendant, C. D., to the defendant, B. F., dated on the day of , 19. ., be and the same is hereby set aside, canceled and held for naught in so far as the same affects the rights of creditors of the said C. D. (Proceeding then to decree the sale of the land for the satisfaction of the debts decreed against it, giving a day for redemption.) Form No. 655 (4) DECREE SUBJECTING LAND TO JUDGIMENT LIENS (After disposing of exceptions to commissioner's report.) And it appearing to the Court that the parties hereinafter named are entitled to recover, in the order mentioned, the various amounts decreed to them against the defendant, C. D.; it is adjudged, ordered and decreed that the said defendant do pay to the plaintiff, A. B., as a lien of the first class upon the lands of said defendant mentioned in the bill and proceedings,, the sum of f with interest from the day of 19.., until paid; that said defendant do pay to the defendant, E. F., as a lien of the second class against said lands the sum of I etc. (Decreeing the various liens in the order of their priority.) And it appearing to the Court that the rents, issues and profits of said lands will not in five years pay off and discharge the liens exist- ing thereon, and that said lands should be sold to satisfy the said liens, it is therefore further adjudged, ordered and decreed that unless the said defendant, C. D., or some one for him, shall within days from the adjournment of this Court pay off and discharge the debts aforesaid, and the costs of this suit, including an attorney fee of $ , as allowed by law, then X. Y. Z., who is hereby appointed a special commissioner for the purpose, shall, after advertising said lands mentioned and described in the bill and proceedings herein, as follows: (insert description) for four successive weeks in- some newspaper published in county, sell said lands at public auction to the highest bidder for (insert terms of sale), the title to said land to be retained as ultimate security; but before acting under this decree said commissioner shall execute before the clerk of this Court bond with good personal security in the penalty of $ as such commissioner, conditioned according to law; and said com- missioner shall report his proceedings under this decree to the Court. 708 EQUITY FORMS Form No. 656 (5) DECEEE REMOVING TRUSTEE That the said defendant, C. D., be and he is hereby removed from being trustee under the deed of A. B. to him, dated the day, of , 19.., and exhibited with the plaintiff's bill; that E. F. be and he is hereby appointed a special receiver to take charge of the property conveyed by said deed and now in the hands of said C. D., with authority to (set forth the authority given special receiver). But before acting under this decree, said special receiver shall give bond before the clerk of this Court in the penalty of $ , with good security, conditioned to faithfully execute his duties as such re- ceiver, and to account for and pay over all moneys received by him as such. And the said defendant, C. D., is hereby directed to turn over to the said E. F., special receiver, at once all assets and property of every description he may have in his hands as such trustee, and within five days report to this Court a scheduled statement of the assets which came into his hands as such trustee, and such as re- mained in his hands at the date of the appointment of the special receiver herein named. Form No. 657 (6) DECREE ENFORCING TRUST (See Mil, Form, No. 168, ante, p. 194.) It is adjudged, ordered and decreed that the decedent, Mary E. L., the wife of plaintiff, held at the time of her death in trust for plaintiff as her husband the tract of land, theretofore on the day of 19. ., conveyed to her by the defendant, J. W. M., and others, as recited in plaintiff's bill, and that no interest therein descended by operation of law at the death of said Mary E. L., intestate, to her brother, the defendant, J. W. J., and to her sisters, H. B. and S. J., as her sole heirs at law, and that the said deed, and the apparent in- terest of said heirs therein operate as clouds upon the title of plaintiff to the land in said deed mentioned. It is further adjudged, ordered and decreed that said apparent interest of said heirs in said deed, to the land therein mentioned, and said deed, be and the same are hereby canceled to the extent that the same vest apparent title in said Mary E. L., and that the said Mary E. L. held the same in express trust for the plaintiff. , It is further adjudged, ordered and decreed that within ten days from the adjournment of this Court the said defendants, J. E. J., H. B. and S. J., as the sole heirs of said Mary E. L., do convey and release to plaintiff, by deed duly executed, acknowledged and delivered to him, their interest as such heirs in said land, and that in default thereof, within the time aforesaid, that J. H. W., who is hereby ap- pointed a special commissioner for the purpose, do execute, acknowl- edge and deliver the same to plaintiff, for and on behalf of said heirs, for which he shall he allowed the sum of $5.00 to be taxed as part of the plaintiff's costs, and recovered herein by him against them. DECREES 709 Form No. 658 (7) DECREE SETTING XJP LOST WILL (See Ull, Form No. 179, ante, p. 219.) The Court Is of opinion and doth so adjudge, order and decree that in the year 18 . . , as set out in the plaintiff's original bill, the decedent, J. J. W., being of sound mind and memory, did make and publish his last will and testament in writing, to which he subscribed his name as and for his last will and testament in the presence of R. S. and W. D., the said R. S. and W. D. also subscribing their names to said writing as witnesses thereto at the request of said J. J. W., deceased, in the said testator's presence, and the said witnesses, sub- scribing their names thereto as witnesses in the presence of each other, and that said last will and testament was in existence at the time of the death of said testator. And the Court doth further find that since the death of said testa- tor, said J. J. W., said last will and testament so made in writing and published by him as hereinbefore ascertained and adjudged, has been destroyed by burning, and that Its contents can only be established by parol evidence, and the plaintiffs so desiring It, the Court doth find from the pleadings and proofs In this cause, and doth so order, adjudge and decree, that the said will doth contain the following devises and bequests and none others: First: After the payment of all the testator's just debts and funeral expenses, the said J. J. W., by said last will and testament devised and bequeathed all his estate, both real and personal, to his wife, A. W., for and during her natural life. (Follow with the other provi- sions of the will.) And the Court doth adjudge, order and decree that a certified copy of this decree be made out by the clerk of this Court and by him transmitted to the clerk of the County Court of this county to be by him, the said clerk of the County Court, duly recorded as and for the last will and testament of said J. J. W., deceased, with leave to the proper person to qualify thereunder as the personal representative of said testator. Form No. 659 (8) DECREE REFORMING DEED It is adjudged, ordered and decreed that the description of the property conveyed by the deed from plaintiff to defendant, dated the day of , 19. ., and exhibited with the plaintiff's bill, be and the same Is hereby amended and corrected so as to describe only the property actually intended by the parties to be conveyed, and so as to read as follows: (Insert description.) And it Is further ad- judged, ordered and decreed that said deed. In so far as It purports to convey other property than the above described, to-wit, the fifty acres lying on the east side of the public road and opposite .that above described, be and the same Is hereby set aside, canceled and held for naught. 710 EQUITY FORMS Foim No. 660 (9) DECKEE BESTSAININa NtnSANOE (See Un, Form No. 209, ante, p. 267.) It is adjudged, ordered and decreed that the said defendant, C. H., be and he is hereby perpetually enjoined, inhibited and restrained from selling any intoxicating liquors in that certain building now occupied by htm as a saloon in county. West Virginia, called the W.-L. & Co. building (description), under and by virtue of the void license now held by him, issued by the County Court of county on the day of 19 . . . Form No. 661 (10) DECBEE RESTRAINING ENFORCEMENT OF JUDGMENT That the said defendants, O. and T. and the N. C. Company, be and they are hereby perpetually enjoined, restrained and inhibited from enforcing, or attempting to enforce, by execution or otherwise, the judgment rendered 19.., by the Circuit Court of county, in favor of said defendants against the plaintiff for the sum of $ and $ costs, and from enforcing the collection of the note, a copy of which is filed as "Exhibit A" with the plaintiff's bill herein. Form No. 662 (11) DECREE FOR PARTITION (After overruling exceptions to commissioners' report.) And it appearing from the report of said commissioners herein, that they assigned to the plaintiff, A. B., the following described tract or parcel of land, designated as lot No. 1, to-wit: (Insert description.) It is therefore adjudged, ordered and decreed that the said A. B. do take and hold in fee simple the said land so described and designated as lot No. 1. And it further appearing from said report that there was assigned to the defendant, C. D., the following described tract, designated as lot No. 2, to-wit: (Insert description.) It is therefore adjudged, or- dered and decreed that the said C. D. do take and hold in fee simple the said land so described and designated as lot No. 2. It is further adjudged, ordered and decreed that mutual convey- ances be executed by each of the parties to the other, of the several lots hereinbefore assigned to each of them, as before mentioned; and that the costs of this suit be equally borne by the parties hereto, including the sum of $ each to the above-named commissioners making this partition. Form No. 663 (12) DECREE FOR DISSOLUTION OF PARTNERSHIP The Court doth find that on account of their partnership dealings, there is now due from the defendant to the plaintiff the sum of $ It is therefore adjudged, ordered and decreed that the partnership heretofore existing between the said plaintiff and said defendant be and the same is hereby totally dissolved; and that the . DECREES 711 defendant do pay to the plaintiff the said sum of $ , with interest from this date until paid. Form No. 664 (13) DECBIS BEMOYINQ CLOUD FBOM TITLE (See mi, Form No. 264, ante, p. 350.) That the plaintiffs and infant defendants as heirs at law of W. W. M., deceased, have good and valid title superior to the title claimed by G. R. M., to all that land (insert description). And the Court doth further adjudge, order and decree that the title to said land claimed by the defendant, G. R. M., and under the decree and deed mentioned in his answer, is invalid and inferior to the title of the plaintiffs and the infant defendants to said land, but that the deed to said G. R. M. from J. B. E., special commissioner, bearing date the 15th day of August, 19.., and of record (.etc.), and purporting to convey to him said land, is a cloud upon the title of the said plain- tiffs and infant defendants, as children and grandchildren of W. W. M., deceased, to said land, and should be canceled and removed and the plaintiffs and infant defendants quieted in their possession of said land. It is therefore further adjudged, ordered and decreed, that said deed, to-wit, the deed from J. B. E., special commissioner, to G. R. M., bearing date the 15th day of August, 19 . . , and recorded as aforesaid, be and the same is hereby declared invalid and canceled and held for naught and removed as a cloud upon the title of the plaintiffs and infant defendants to said land, and that said plaintiffs and infant defendants be quieted in their possession of said land, and that said G. R. M. and his heirs and assigns be perpetually enjoined, restrained and inhibited from claiming said land under said deed and froni disturbing the plaintiffs and said Infant defendants in their possession of said land. Form No. 665 (14) DECREE CONSTBTTING WILL (See Mil, Form No. 274, ante, p. 370.) The Court is of opinion, and doth so adjudge, order and decree, that the residuary clause contained in the will of A. G. C, deceased, bearing date on the day of , 19. . , and duly admitted to probate in the clerk's office of the County Court of county. West Virginia, on 19.., a copy of which is filed as exhibit number one with plaintiff's bill, is invalid, and does not pass any of the estate, real or personal, of the said testator, which residuary clause is in the following language: (Insert.) The Court is further of opinion, and doth so adjudge, order and decree, that by the said residuary clause hereinbefore set out, the said testator, A. G. C, at- tempted to create an indefinite charitable trust, and that, inasmuch as said will falls to definitely point out the person or persons who are to be the objects of said trust, the said residuary clause contained in said will and the trust thereby attempted to be created are of such character and nature as can not be enforced under the laws of this state, and that as to the estate, real and personal, sought to be devised and given under said residuary clause the said A. G. C. died intestate. 712 EQUITY FORMS Form No. 666 (15) DECREE FOR CONTRIBUTION On consideration wjjereof, it appearing to the Court that the plain- tiff, F. N., on the day of 19. ., as surety for J. D. and cosurety with E. B. and J. P., was compelled to and did pay the sum of dollars, which from said commissioner's report amounted with interest on the day of 19 . . , to the sum of $ and it further appearing to the Court that the said principal, J. D., was at the time of such payment by said N. and is now insolvent, and that said debt cannot now be made and collected off of him; the Court doth therefore adjudge, order and decree that the said E. B. do pay to the said F. N. the sum of dollars, with interest thereon from the day of 19 . . , until paid, and one-half the costs of this suit; and that the said J. P. do pay to the said F. N. the sum of dollars, with interest thereon from the day of , 19. ., until paid, and one-half the costs of this suit. Form No. 667 (16) DECREE DISSOLVING CORPORATION That said corporation, the A. B. Co., be and it is hereby dissolved, and all and singular its powers, franchises and privileges are hereby extinguished and determined forever. (After confirming sale of prop- erty, ordering payment of deits adjudged against it, and distrihution of any excess among stockholders.) Form No. 668 (17) DECREE ON CROSS BILL The Court is of opinion that the plaintiff, A. B., is not entitled to the relief prayed for in his said bill filed in this cause. It is therefore adjudged, ordered and decreed that the bill of the said plaintiff filed herein be and the same is hereby dismissed, and that the said plaintiff do pay to the defendant his costs about his defense of said bill in this behalf expended. And the Court is of opinion that the defendant, C. D., is entitled to the relief prayed for in his cross bill filed herein against the plaintiff and against his codefendant, E. F. It is therefore adjudged,, ordered and decreed (insert decree). And it is further adjudged, ordered and decreed that the plaintiff do pay to the said defendant, C. D., his costs about the prosecution of his said cross bill in this behalf expended. Form No. 669 (18) DECREE ON ANSWER SEEKING AFFIRMATIVE RELIEF The Court is of opinion that the plaintiff is entitled to so much, and so much only, of the relief prayed for in his saiii bill as (set forth extent of relief granted). It is therefore adjudged, ordered and de- creed (giving relief under original till). And the Court, being fur- DECREES 713 ther of opinion that the defendant, C. D., is entitled to the affirmative relief prayed for in his answer, floth adjudge, order and decree that (giving relief under prayer contained in answer). Form No. 670 (19) DECREE ON BILL OF REVIEW This cause came on again this day to be further heard upon the papers heretofore read therein; upon all the former proceedings had in said cause; upon the joint and separate answer of the defendants, C. R. W. and H. O. W., to plaintiff's bill of complaint, here now filed with general replication thereto; and was argued by counsel. On consideration of all of which, the Court being of the opinion that in the chancery cause of C. R. W. vs. K. 0. Company and others, pending in said Court, the decree of sale entered on the day of , 19 . . , is erroneous in allowing a personal recovery against said K. O. Company in favor of said C. R. W. for the sum of $ with interest thereon from 19 . . , and is also erroneous in allowing a personal recovery against the said K. O. Company in favor of said H. O. W. for the sum of $ with interest thereon from , 19. ., and is also erroneous in directing J. R., Jr., who was thereby appointed a special commissioner for the purpose, to sell the property in said decree of sale mentioned and described without re- quiring said special commissioner before making said sale to execute before the clerk of said Court bond with security to be approved by said clerk in the penalty provided for in said decree of sale, and is also erroneous in failing to allow a personal recovery against the defendant, F. M. M., in favor of said C. R. "W. for the sum of $ with interest thereon from , 19.., and is also erroneous in failing to allow a personal recovery against said F. M. M. in favor of said H. 0. W. for the sum of $ with interest thereon from 19 . . , and that said errors appear as errors of law upon the face of said decree of sale, and that said decree of sale should be reversed and corrected and in lieu thereof a proper decree should be entered; and it further appearing to the Court that no other errors appear of record in said chancery cause of C. R. W. vs. K. O. Company and others; it is therefore adjudged, ordered and decreed that said decree of sale be and the same is hereby reversed, and the Court, here now proceeding to enter in lieu thereof such decree as should be entered, doth adjudge, order and decree (proceeding with decree as corrected) . Form No. 671 (21) DECREE ON BILL TO IMPEACH DECREE FOR FRAUD That the said decree entered by this Court on the day of , 19. ., in the cause of A. B. vs. C. D. and others, be and the same is hereby set aside, reversed, annulled and held for naught for the fraud in the procurement of the same. And the Court now pro- ceeding to enter such decree in said cause as should be entered, it is adjudged, ordered and decreed (insert corrected decree)^ 714 EQUITY FORMS Form No. 672 (22) DECREE SUSPENDING DEOBEE TO ALLOW TIME FOB APFEAL a And the said defendant, C. D., desiring to apply to the Supreme Court of Appeals of this state for an appeal from and supersedeas to this decree, it is further adjudged, ordered and decreed that the effect of this decree be suspended for the period of days from this date, upon said defendant or some one for him giving bond before the clerk of this Court in the penalty of $ with condition reciting this decree and the intention of said defendants to present a petition for appeal to said Supreme Court of Appeals, and providing for the payment of all such damages as any person may sustain by reason of said suspension, in case an appeal and supersedeas to this decree shall not be allowed and made effective within the time specified. NEW JERSEY Form No. 672a i DEOBEE TO ESTABLISH FABTNEBSHIP INTEBEST IN JUDGMENT AND BESTBAIN PAYMENT OF SAME This cause coming on to be heard before the Court in the pres- ence of A. B., Solicitor for and of counsel with the complainant, and C. D., Solicitor for and of counsel with the defendant, and the bill, answer and replication having been read, and the proofs having been taken and considered and the arguments of the respective counsel having been heard, and the Court having considered the same, and it now appearing to his satisfaction that the complainant recovered a judgment in the Essex County Circuit Court on June 20, 1916, for the sum of $2,981.96 damages and $65.43 costs, against the defend- ant, as and for the commissions due for effecting the sale of the premises described in the bill of complaint, and that said commis- sions were by an order of this Court paid by the last named defend- ants to the Clerk of this Court, in whose hands the same now re- mains undisposed of, and it further appearing that the complainant, by virtue of an agreement with the defendant, X, and by virtue of his services in accordance therewith, is entitled to one-half of the com- missions of said sale, being one-half of the proceeds of said judg- ment, and that of the said moneys paid into Court there now remains undisposed of the sum of $2,465, less the costs of the defendants, Y, heretofore paid to them under an order of this Court, together with accrued interest, and that said sum is subject to the order and direc- tion of this Court. It is thereupon, on this first day of November, 1917, by bis Honor Chancellor of the State of New Jersey, ORDERED, ADJUDGED ANT) DECREED, and the said Chancellor, by virtue of 43 The above form is peculiar to the chancery practice of "West Virginia. 1 Available for use in general chancery practice. For bill on which this decree was rendered, see Form 253-A. DECREES 715 the power and authority of this Court, does hereby order, adjudge and decree that of the residue of said sum of $2,465 deposited as aforesaid and in the hands of the Clerk of this Court, one-half thereof belongs to the complainant and that he was and now is entitled to said sum. And it is further ORDERED, that the Clerk of this Court do pay to said complainant, or to his solicitor, one-halt of said sum, to- gether with one-half of the interest which has accrued thereon and that he do pay to the defendant, X, or his solicitor, the residue of said sum remaining after the payment to the complainant or his solicitor. And it is further ORDERED, that neither the complainant nor the defendant, X, shall be entitled to any costs of suit. NEW JEBSEY Form No. 672b FINAIi SEOBEE IN INTX:BPI.EADES SUIT This cause coming on to be heard before the Court in pursuance to an order of continuance made herein on the thirteenth day of April, nineteen hundred and fifteen, in the presence of Solicitor for and of counsel with the defendant, B, and of Solicitor for and of counsel with the defendant, D. And it appearing that each of the above named defendants havo filed statements of his respective claim to the money paid into Court by the complainant as by a previous order of this Court, he was di- rected so to do. And it further appearing that the above named defendants have heretofore stipulated and agreed by a stipulation on file in this cause, that the same be considered as if brought on on motion of the said defendants after an order of reference to his Honor, , Vice Chancellor, for final hearing upon the statements filed by the defendants, B and D, assuming for the purpose thereof that the allegations contained in the respective statements are true, and that a final decree in said cause might be entered herein accord- ingly, upon all of the pleadings and papers on file, and the arguments of counsel thereon. And it further appearing to the Court that out of the sum of $5,000 paid to the Clerk of this Court by the complainant, there has been allowed to the complainant the complainant's costs in this cause as taxed by the clerk, and a counsel fee of fifty dollars, and that aft^r deducting the same from the said sum of $5,000 the balance still remains deposited with the Clerk of this Court and is subject to the order and direction thereof. It is thereupon on this tenth day of May, nineteen hundred and fifteen, by his Honor , Chancellor of the State of New Jersey, ORDERED, ADJUDGED and DECREED and the said Chan- cellor by virtue of the power and authority of this Court, does hereby ORDER, ADJUDGE and DECREE that of the said sum of $5,000 deposited by the complainant with the Clerk of this Court, the amount of the judgment and costs of said defendant, B, recovered 716 EQUITY FORMS by him in tlie Essex County Circuit Court against, C, as aforesaid, was the property of the said B and that he was and now is entitled to said sum, and it is further ORDERED that the amount thereof, being the sum of $3,574.14, be paid by the Clerk of this Court to the said defendant, B, or to his solicitors. And it is further ORDERED, ADJUDGED and DECREED that there shall he paid to the said defendant, B, his costs in this cause to be taxed, and a counsel fee of one hundred dollars to be paid by the Clerk of this Court out of the fund deposited with him. And it is further ORDERED that the right of appeal be reserved to either of said defendants, and for the purpose of preserving the rights of the parties pending appeal it is further ordered that the payment by the clerk under this decree be not made within ten days allowed for appeal and that if a motion of appeal be filed within that time that the payment be not then made until further ordered. Respectfully advised. CHAPTER XXIX PEOCEEDINGS INTERLOCUTORY MOTIONS AND PETITIONS » A. MOTIONS TO DISMISS THE BILL ALABAMA 2 Form No. 673 MOTION FOE DISMISSAL WITHOUT PREJUDICE {Title as in an original Mil.) And now comes the plaintiff in the above-entitled cause and moves the Court that his bill be dismissed without prejudice to any further right of action, upon his payment to the defendant of costs incurred to this date. E. F., * Solicitor for Plaintiff. FLORIDA 2* Form No. 674 (1) MOTION FOE DISMISSAL WHEN DEFENDANT HAS EEOEIVBD SATISFACTION (Title and Court ) Now comes the complainant in the above entitled cause, by E. F., his solicitor, and shows unto this Honorable Court that he has re- ceived full satisfaction and payment, principal, interest, attorney's fees, and costs, of the amount due under the mortgage sought to be foreclosed in and by the bill of complaint heretofore filed in this cause, and that he has duly satisfied the mortgage of record; and the com- plainant moves the Court to dismiss the said bill of complaint at the cost of the complainant. E. F., Solicitor for Complainant. 1 According to strict definition, a motion is oral, a motion in writing is really a petition; but there Is a distinction which may be of advan- tage between applications in writing which require extended recitals and which may be called petitions, and those merely formal applications which require no recitals, or at least very short ones. 2 The above forms, although obtained from the practice of Ala- bama, are available for use in general chancery practice. 2a The above forms, although obtained from the practice of Florida, are available for use in general chancery practice. 717 718 EQUITY FORMS Form No. 675 (2) MOTION FOR DISMISSAL WITHOUT PREJUDICE (Title and Court.) Now comes E. F., the duly appointed, qualified and acting admin- istrator de bonis nan adininistrando of the estate of A. B., deceased, by B. and B., his solicitors, and shows that A. C, the person who, as executor of the last will and testament of said A. B., deceased, filed the bill of complaint for foreclosure of mortgage against the above named defendants in this Court on the day of , A. D. 19 . . , without leaving a last will and testament by him theretotore made; and the said administrator moves the Court to dismiss the said bill of complaint without prejudice to the rights and remedies of the said administrator in the premises and at the costs of the said admin- istrator, the said bill of complaint not having been taken out of the office of the clerk of this Court and no demurrers, answers or pleas having been filed thereto by any of the several persons made parties defendant thereto; and that the original mortgage attached to the said bill of complaint may be withdrawn from the flies in this cause by the said administrator. B. & B., Solicitors for the administrator de bonis non administrando of the estate of A. B., deceased. ILLINOIS 3 Form No. 676 MOTION BY PLAINTIFF TO DISMISS HIS BILL (Title and Court.) And now comes the defendant, C. D., by S. Y., his solicitors, and moves the Court to dismiss the bill of complaint filed herein. S. Y., Solicitors for Defendant. MAINE* Form No. 677 (1) MOTION BY PLAINTIFF TO DISMISS HIS BILL (Title and Court.) And now comes the plaintiff in the above entitled cause and moves » that he be allowed to dismiss his said bill without prejudice on pay- ment by him of the costs of this suit to the time of dismissal, (or without costs as the case may be). E. F., Solicitor for Plaintiff. 3 The above form, although obtained from the practice of Illinois, la available for use in general chancery practice. * The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. 6 If the motion is to contain any recitals of facts, the commence- ment should read "and says that," etc., stating the facts, and con- cludes "Wherefore the plaintiS moves," etc. INTERLOCUTORY MOTIONS AND PETITIONS 719 Form No. 678 (2) MOTION BY PLAINTIFF, FORMERLY A MINOR, TO DISMISS HIS BILL ON COMING OF AGE (Title and, Court.) And now comes the plaintiff in the above entitled cause and says that his said bill was filed when he was a minor, by E. F., his next friend, and that he has now attained the age of twenty-one years and is not desirous of proceeding further in said cause; wherefore the plaintiff moves that his said bill may be dismissed without prejudice on the payment by him of the costs of suit to date of dismissal {or, without costs as the case may be). Form No. 679 (3) MOTION TO DISMISS BILL FOR WANT OF JURISDICTION OVER THE PERSON (.Title and Court.) And now comes C. D. named as a party defendant in the above entitled cause, appearing specially and solely for the purpose of ob- jecting to the jurisdiction and says that it appears by the plaintiff's bill that the said C. D. is/ a non-resident, residing without the limits of the state of Maine, yet, it does not appear by the bill of record of said cause that the said C. D. has ever been found and served with process within the limits of said state, nor that any property belonging to said C. D. has been found or attached within said limits, nor that the said C. D. is possessed of any property without said state; wherefore the said C. D. moves that the plaintiff's bill be dis- missed as to the said C. D. with costs, for want of jurisdiction over his person. Form No. 680 (4) MOTION TO DISMISS FOR WANT OF PROSECUTION (Title and Court.) And now comes the defendant In the above entitled cause and says that the time has elapsed within which replication must be filed in said cause, yet the plaintiff has failed to file the same; wherefore the defendant moves that the plaintiff's bill be dismissed with costs for want of prosecution. Form No. 681 (5) MOTION TO DISMISS BILL ON ABATEMENT OF SUIT BY DEATH (Title and Court.) And now comes the defendant in the above entitled cause and says that said suit'has become abated by the death of A. B., the sole plaintiff therein, and G. H. of has been appointed and qualified as executor of his last will; wherefore the defendant moves that the said G. H. be ordered to revive said suit within sixty days from the date hereof or in default thereof that the said bill be dismissed with costs. 720 EQUITY FORMS Form No. 682 (6) MOTION TO DISMISS BILL DEFECTIVE BY BANKRUPTCY OF SOLE PLAINTIFF (Title and Court.) And now comes the defendant in the above entitled cause and says that the said suit has hecome defective by the bankruptcy of A. B., the sole plaintiff therein, and G. H., of , has been appointed and qualified as trustee in bankruptcy of said A. B., wherefore the defendant moves that the said G. H. be ordered to revive said suit within sixty days from the date hereof or in default thereof that said bill be dismissed with costs. Form No. 683 (7) MOTION TO DISMISS BILL ON SUBMISSION TO PLAINTIFF'S DEMAND (Title and Court.) And now comes the defendant, C. D., in the above entitled cause and says that he has fully submitted to and satisfied all the claims and demands sought to be enforced by the plaintiff's bill against the said defendant; wherefore he moves that the said bill may be dismissed as against him. MARYLAND e Form No. 684 MOTION BY DEFENDANT, AFTER SPECIAL APPEARANCE, TO DISMISS THE BILL (Title and Court.) To the Honorable, the Judge of said Court: The defendant, C. D., appearing specially and solely for the pur- poses of this motion,, and for no other purpose, herewith moves the Court to dismiss the bill of complaint filed in the above entitled cause, and for reasons says: (Set forth specifically the reasons for such motion.) And for other reasons to be made known at the hearing. E. F., Solicitor for Defendant. State of Maryland, City of Baltimore. — To-wit: I hereby certify that on this day of , 19.., before the subscriber, a Notary Public of the state of Maryland, in and for the city aforesaid, personally appeared E. F., defendant, and made oath in due form of law that the matters and facts above set forth are true. Witness my hand and notarial seal. G. H., Notary Public. 6 The above form, although obtained from the practice of Maryland, is available for use in general chancery practice. INTERLOCUTORY MOTIONS AND PETITIONS 721 MASSACHUSETTS ^ Fonn No. 685 MOTION FOR A Dik3REE OF DISMISSAL {Title and Court.) And now come these defendants and pray that a final decree be entered dismissing the plaintiff's bill and .-ssign as grounds therefor the following: (1) These defendants claim title to the real estate which the plain- tiff claims by her bill by virtue of the will of T. D. M., the father of these defendants, which fact appears upon the record. (2) T. D. M., the father of these defendants, acquired his title to the same real estate under a deed given by E. D., on the day of 18... (3) The aforesaid E. D. acquired his title at a judicial sale of the aforesaid premises held upon the day of , 18. ., which judicial sale was ordered by, the Probate Court for the county of Suffolk on the third day of November, 18 . . . All the above facts appear upon the record in this case. (4) At the time of the filing of the plaintiff's bill, T. P. M., a brother of these defendants was a co-defendant as appears from the record ; the said T. F. M. having deceased prior to any hearing upon the merits the said T. leaving as heirs at law these defendants and J. A. M., a brother of the said T. F. M. (5) The plaintiff and the said J. R. M. thereafter had a hearing upon the merits of the plaintiff's bill at which hearing the issues raised were exactly the same as the issues between the plaintiff and the defendants and thereafter, to-wlt, on the day of 19.., the plaintiff's bill against the said J. R. M. was dismissed, it having appeared to the Court by the confession of the said plaintiff under cross-examination that the said T. D. M. in no way, shape or manner misled the plaintiff, the Court there and then ruling that the plaintiff upon her own admission could not maintain her bill against the said J. R. M. (6) As appears from the plaintiff's bill there are no allegations or charges of fraud against these defendants. The plaintiff's bill is founded upon the alleged fraudulent acts of T. D. M., the father of J. R. M., T. F. M. and of these present defendants and the only issues in this case are drawn from the acts of the said T. D. M. as admin- istrator of the estate of M. M., who died in 18. ., and under whom this plaintiff claims title as an heir at law of the said M. M. Wherefore by reason o^ all the above facts which appear of record in this case these present defendants claim that the judgment and decree of this Honorable Court dismissing the plaintiff's bill as against the said J. R. M. is res judicata between the plaintiff and these defend- ants; the said T. F. M., J. R. M. and these defendants all claim title to the aforesaid real estate through the title of T. D. M. and thereby hold in privity of estate under the aforesaid T. D. M. ; these defendants 7 The above form, although obtained from the practice of Massa- chusetts, is available for use in general chancery practice. 722 EQUITY FOT?MS therefore claim that under the 14th amendment to the constitution of the United States they are entitled to the "Protection of Equal Laws" and the "Equal Protection of the Law" and that a final judgment dis- missing the plaintiff's bill upon the merits as to J. R. M. has been rendered by this Honorable Court; that such judgment is re» judicata as to any right which the plaintiff now claims against these defendants; and that any decree or order of this Court to the contrary is in viola- tion of the 14th amendment to the Constitution of the United States. By their solicitor, E. F. RHODE ISLAND » Form No. 686 MOTION BY DETENDAirr (Title and Court.) MOTION And now comes the respondent in the above entitled case and moves that a final decree therein may be entered siistaining respondent's de- murrer, and dismissing the complainant's bill of complaint By his attorney, E. F. WEST VIRGINIA 9 Perm No. 687 MOTION BY PLAINTIFF (Title and Court.) And now comes A. B., the plaintiS in the above styled cause, and here moves the Court to dismiss his bill filed herein without prejudice, upon payment of the costs now accrued. A. B., Plaintiff. X. Y. Z., Sol. By counsel. B. MOTIONS TO AMEND DELAWARE lo Form No. 688 MOTION AT CHAMBBBS— BXTLE 6 (Title as in an originaJ till,) The solicitor for the complainant moves for leave to amend the bill of complaint as follows, viz.: (Set forth the proposed amendment.) E. F., Solicitor for Complainant. Copy served on defendant's solicitor with notice that this motion Avill be preferred at chambers on the day of , 19. .. Register, C. C. 8 The above form, although obtained from the practice of Rhode Island, is available for use in general chancery practice. 9 The above form, although obtained from the practice of West Virginia, is available for use in general chancery practice. 10 The above form, although obtained from the practice of Dela- ware, Is available for use in general chancery practice. INTERLOCUTORY MOTIONS AND PETITIONS 723 ILLINOIS " Form No. 689 (a) MOTION TO AIMEND (Title and Court.) And now comes the complainant by X. and Y., his solicitors, and moves the Court for leave to amend his bill of complaint filed herein on its face, instanter, by adding the words (state them) at the 7th page thereof, after the word "same," being the last word in the fifth line of the third paragraph on the 7th page. By his solicitors, X. and Y. Form No. 690 (b) MOTION FOE LEAVE TO FILE AMENDED BILL ■ (Title and Court.) And now comes the complainant by X. and Y., his solicitors, and moves the Court for leave to file his amended bill of complaint herein, wlkhin five days from this date, and for a rule upon the defendants to plead, answer or demur to said amended bill, within a short day to be fixed by the Court. By his solicitors, X. and Y. MAINE 12 Form No. 691 (1) MOTION TO AMEND (Title and Court.) And now comes the plaintiff in the above entitled cause and moves that he be allowed to amend his said bill by joining J. S. of as a party defendant thereto. Form No. 692 (2) MOTION TO AMEND BILL BY ADDING NEW ALLEGATIONS (Title and Court.) And now comes the plaintiff in the above entitled cause and asks leave to amend his said bill by striking out all the allegations contained in paragraph 7 of said bill (or by striking out the words, reciting them verbatim in the fifth line of paragraph 7 of said bill) and inserting in place thereof the following: (Stating the new matter verliatim. If the effect of the amendment is not then clearly apparent, it is well to add the words) so that said paragraph, as amended, shall read as follows: (Giving entire paragraph as thus amended, verbatim.) 11 The above forms, although obtained from the practice of Illinois, are available for use in general chancery practice. 12 The above forms, except as stated, although obtained from the practice of Maine, are available for use in general chancery practice. 724 EQUITY POEMS Form No. 693 (3) MOTION FOR LEAVE TO FILE NEW AMENDED BILL is (Title and Court.) And now comes the plaintiff in the ahove entitled cause and moves that he be allowed to amend his said bill by filing in place thereof the new amended bill hereto annexed. Form No. 694 (4) MOTION TO AMEND BY CHANGING ACTION FROM LAW TO EQUITY 14 {Title and Court.) And now comes the plaintiff (.or defendant) in the above entitled action and says that it appears that the rights of the parties can be better determined and enforced by a decree in equity; wherefore the plaintiff (or defendant) moves that the pleadings at law in said cause be stricken out upon such reasonable terms as the Court may order, and the parties required to plead in equity the same cause and that the said cause be heard and determined in equity. Form No. 695 (5) MOTION TO AMEND BY CHANGING SUIT FROM EQUITY TO LAW 15 (Title and Court.) And now comes the plaintiff (or defendant) in the above entitled cau. Form No. 921 (1) DECEEE PEO CONFESSO (Title and Court.) The complainants in the above stated cause move for judgment pro confesso against E. F., one of the defendants in said cause, for failure to plead, answer or demur, in accordance with the order of the Chancellor and the rules of this Court. X. Z., Solicitor for Complainants. TO The above forms are peculiar to the chancery practice of Dela- ware. INTERLOCUTORY ORDERS OR DECREES 845 And now, to-wit, this day of A. D. 19 .., it ap- pearing that E. F., one of the defendants, has not filed an answer, or plea, according to the rule entered in that behalf, on motion of X. Z., Esquire, solicitor for l^e complainants, It is ordered by the Chancellor that the bill of complaint filed in this cause be taken pro confesso as to the said E. F. X Y., Chancellor. Form No. 922 (2) DECREE PRO CONFESSO AND SETTING FOB HEARING ON FORECLOSURE BILL (See bill, Form No. 66, ante, p. 37.) {Title and Court.) And now, to-wit, this day of , A. D. 19... it ap- pearing by the affidavit of W. F. M, that the order made on the day of , 19. ., for the appearance of I. W. S. and A. W. S., his wife, defendants in this cause, has been duly published according to the direction thereof; and the said I. W. S. and A. W. S., his wife, having wholly failed to appear in this cause, it is, therefore, on motion of X. Y., Esquire, solicitor for the complainant, ordered by the Chan- cellor that the bill of complaint filed in this cause be taken pro con- fesso as to the said I. W. S. and A. W. S., his wife. And further, this day of A. D. 19 . . , it appearing that F. S. J., C. M. and W. M. B., defendants, have not filed an answer, demurrer or plea in this cause, according to the rule entered in that behalf, it is, therefore, on motion of X. Y., Esquire, solicitor for the complainant, ordered by the Chancellor that the bill of complaint filed in this cause be taken pro confesso as to the said F. S. J., C. M. and W. M. B. And further, that the cause shall be heard ex parte on Friday, the day of , 19. ., at ten o'clock A. M., at Chambers, in the county court house, in the city of Wilmington, and that notice of said hearing be sent to the defendants' solicitors of record forth- with. Y. Z., Chancellor. FLORIDA Ti Form No. 923 (a) PRAECIPE FOR DECREE PRO CONFESSO (Title and Court.) The Clerk of the Circuit Court in and for said county and state, will please enter a decree pro confesso against the defendant, C. D., in the above stated cause, for failure to plead, answer or demur, to the bill of complaint filed therein, as required by the rules of practice in such cases made and provided. This day of 19 . . . To X. Y., Clerk of the Circuit Court of Palm Beach County, Florida. E. F., Complainant's Solicitor. Ti The above forms are peculiar to the chancery practice of Florida. 84(3 EQUITY FORMS Form No. 924 (b) DECREE PEO CONFESSO— BEIEF FOKM (Title and Court.) The complainant, having filed herein his praecipe directing the clerk to enter an order in the chancery order book, taking the bill of complaint as confessed by the defendant, C. D., defendant, in this cause, in the above entitled suit and it appearing from the records and flies of said suit that (personal) service (or othenoise as the case may 6e) was had upon said defendant as required by law, requiring said defendant to appear to said bill of complainant on the rule day in A. D. 19... It is therefore ordered that the said bill be taken as confessed. Done and ordered at the clerk's office in Florida, this day of , A. D. 19... X. Y., Clerk Circuit Court. Form No. 925 (c) DECEEE PRO CONFESSO— FULL FORM (Title and Court.} This cause coming on to be heard upon this day of 19.., the same being a rule day of this Court, upon the motion of the complainant that a decree pro confesso be taken and entered in the above entitled cause against the defendants, C. D. and E. F., as partners doing business under the firm name and style of D. and F., and each of them; And it appearing from the return of the sheriff of county, Florida, that the said defendants, as partners as aforesaid were duly served by the said sheriff of county, in the said county of and state of Florida, by serving the subpoena issued in this case upon the said C. D. as a partner in the firm of D. and F., on the day of A. D. 19 . . , in the manner prescribed by the statutes of the state of Florida in such case made and pro- vided; And it further appearing that the said defendants, as partners as aforesaid, and each of them, have failed to answer, plead or demur to the complainant's bill of complaint heretofore filed in this cause, at the time and in the manner set forth in the said subpoena as re- quired by law; and that the complainant is entitled to a decree pro confesso against the said defendants, as partners as aforesaid, and each of them; all as shown by the records and proceedings in this cause. It is, therefore, ordered, adjudged and decreed that the bill of complaint of the complainant in this cause be and the same is hereby taken as confessed in all respects by the defendants, C. D. and E. F., as partners doing business under the firm name and style of D. and F., and each of them, and that a decree pro confesso be and the same is hereby entered against the said defendants, partners as aforesaid, and each of them, and that the complainant be entitled and it is hereby given leave to proceed ex parte in this cause as against the said de- fendants, as partners as aforesaid, and each of them. INTERLOCUTORY ORDERS OR DECREES 847 Witness the Honorable X. Y., judge of the said Court, and my hand as clerk thereof, and the official seal of the said Court, at the county court house in the city of , county, Florida, this the day of A. D. 19. .. Clerk of the Circuit Court in and for County, Florida. Form No. 926 (d) CLERK'S CERTIFICATE OF ENTRY OF DECREE PRO CONFBSSO (Title and Court.) I, X. Y., Clerk of the Circuit Court in and for county, Florida, do hereby certify that a decree pro confesso was duly entered in the above entitled cause against the defendant above named on tlie day of A. D. 19. ., for want of plea, answer or demurrer, the defendant having been duly served by personal service (or otherwise) as will appear by reference to file of said cause. In witness whereof, I have hereunto set my hand and seal of our Court this day of A. D. 19. .. E. F., Solicitor. X. Y., Clerk. ILLINOIS T2 Form No. 927 DECREE PRO CONFESSO {Title and Court.) And now this case having come on to be heard upon the bill of complaint herein, and it appearing to the Court that a summons was duly issued in this cause against the defendants (naming them), and that the same was duly served upon the defendant, B. of A., upon the day of , 19.. (enumerate dates of service of each defendant) ; and it further appearing to the Court that the defendant, A. &., filed his appearance herein, but has not answered the bill of complaint as required by the rules and practice of this Court but has failed so to do, and therein is in default, and that said other named defendants have neither appeared herein nor answered said bill of com- plaint; It is therefore ordered, adjudged or decreed that the said defend- ants (naming them) come into Court here to plead, answer or demur to this sai.d bill of complaint instanter, and the said defendants being now severally three times solemnly called so to come and plead, answer or demur herein, come not, but make default in that behalf, and thereupon on motion of complainant's solicitor; It is ordered, adjudged and decreed by the Court that as to them and each of them the said bill be and the same is hereby taken as confessed; It is further ordered, adjudged and decreed that (here follow with 72 See Kavanaugh vs. Bank of N. A., 239 111. 404. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 8i8 EQUITY FORMS substantial relief as if the Court had decided for the complainant upon hearing after answer). MARYLAND'S Form No. 928 (l).DECEEE PEO CONFESSO AFTER OBDEB OF PUBLICATION {Title and Court.) In appearing from the proceedings in tills cause that the order of publication heretofore issued therein has been duly published in the a newspaper printed and published at in said county, as prescribed by said order, and the defendants, C. A. E. £ind M. A. E., his wife, having failed to appear, either in person or by solicitor, and answer the bill of complaint therein filed against them. It is thereupon, this day of 19. ., by the Circuit Court for county, in equity, adjudged, ordered and decreed that said bill of complaint be, and the same is hereby taken pro con- fesso against said non-resident defendants. And it is further ordered that depositions be taken before one of the standing examiners of this Court, in support of the allegations of the bill. X Y., Judge. Form No. 929 (2) DECREE PRO CONFESSO FOE FAUiUEE TO PLEAD The aforegoing petition filed in the above entitled cause having been read and considered, it appearing therefrom that the above named defendants having appeared by coimsel after the expiration of the time limited for such appearsince, but not having answered, plead or demurred, although the time limited for such pleading has expired, it is thereupon this 2nd day of April, 19 . . , by the Circuit Court for county, Maryland, adjudged, ordered and decreed that the plaintiff's bill be, and is hereby taken pro confesso and it not appear- ing with certainty to what relief the complainants are entitled, leave is hereby granted to them to take testimony before one of the stand- ing examiners of this Court to support the allegation of their bill. Judge. MASSACHUSETTS '« Form No. 930 DECBEE PEO CONFESSO FOR FAILTIRE XO PLEAD (Title and Court.) This cause came on to be heard at this sitting upon the motion to take the bill as confessed, and thereupon, after hearing counsel for the complainant and it appearing that due service had been made 73 The above forms are peculiar to the chancery practice of Mary- land. 74 The above form is peculiar to the chancery practice of Massa- chusetts. INTERLOCUTORY ORDERS OR DECREES 849 upon the defendant and that he has failed to file his answer, plea or demurrer within one month after the day of appearance, on considera- tion thereof. It is ordered, adjudged and decreed that the motion be allowed and the bill be taken as confessed against the defendant, A. W. M. (Date.) By the Court. NEW HAMPSHIRE ^^ Form No. 931 FINAL BECBEE PRO CONFESSO {Title and Court.) Now the parties appear and the bill is taken as confessed. It is therefore ordered, adjudged and decreed that the said mortgage, held or purporting to be held by the said A. B., as described in said bill, is null and void. (Date.) X. Y.. Judge. NEW JERSEY 76 Form No. 932 DECREE PRO CONFESSO AFTER ORDER OF PUBLICATION (Title and Court.) This cause being opened to the Court by E. F. of counsel with the complainant, and it appearing that due notice of the order of this Court made on the day of last, directing the de- fendants, C. D. and G. H., to appear, answer or demur to the com- plainant's bill on or before the day of then next, has been duly published and also mailed to the said defendants in the manner and as in the said order directed and prescribed, and that the said defendants have not, nor have either of them, appeared and pleaded, answered or demurred to the said bill within the time limited by law and the said order, or at any other time, but that they have wholly failed and neglected so to do: It is thereupon, on this day of , in the year 19. ., on motion of the said E. F., ordered and decreed that the complainant's bill be, and the same is hereby taken as confessed against the said defendants, C. D. and G. H., to the end that such decree may be made against them as the Chancellor shall think equitable and just. "^ Y., C. Form No. 933 DECREE PRO CONFESSO UPON SERVICE OF PROCESS (Title and Court.) This cause being opened to the Court by E. F., of counsel with the complainant; and it appearing that process of subpoena for the 75 The above form is peculiar to the chancery practice of New Hampshire. TsThe above forms, although obtained from the practice of New Jersey, are available for use in general chancery practice. 850 EQUITY FORMS defendant, D. B. Company, to appear and answer the complainant's bill lias been duly issued and returned served upon the defendant, D. B. Company, and that the said defendant has not appeared and pleaded, answered or demurred to the said bUl within the time limited by law, or at any other time, but that it has wholly failed and neg- lected so to do; It is thereupon on this day of , in the year 19 . . , on motion of said counsel, ordered and decreed that the complainant's bill be, and the same is hereby taken as confessed against the said defendant, D. B. Company, to the end that such decree may be made against it as the Chancellor shall think equitable and just. X. Y., C. PENNSYLVANIA" Form No. 934 DECREE PRO CONFESSO UPON SERVICE OF PROCESS (Title and Court.) Sir:— Enter order in the above case that the bill of complaint be taken pro confesso against defendant, B., for want of an appearance within fifteen days and for want of an answer within thirty days after service on him of printed bill with printed notice endorsed thereon. Sec. reg. To Frothy. C. C. P. X., Attorney for Plaintiff. (Date.) (Shorter Form.) Enter order in the above case that the bill of complaint be taken pro confesso against B., defendant, for want of an appearance and for want of an answer, sec. reg. (The above is a rule of course.) RHODE ISLAND ^s Form No. 935 DECREE PRO CONFESSO (Title and Court.) DECREE PRO CONFESSO This cause came on to be heard on the motion of the complainants that the bill of complaint be taken as confessed as against J. C. and A. C, and it appearing that neither of said defendants has entered any appearance herein, nor filed any answer, plea or demurrer when due, it is hereby Ordered, adjudged and decreed that the bill of complaint in this cause be taken as confessed as against said defendants, J. C. and A. C. Entered as the decree of Court this day of By order, Z., Clerk. 7' The above forms are peculiar to the chancery practice of Penn- sylvania. 78 The above form is peculiar to the chancery practice of Rhode Island. INTERLOCUTORY ORDERS OR DECREES 851 TENNESSEE 79 Form No. 936 DECREE PEO CONFESSO (Title and Court.) In this cause it appearing to the Court that C. D. has been regularly served with subpoena to answer, and that E. P. has been regularly made a party to plaintiff's bill by publication duly made, and that both said C. D. and B. F. have failed to appear and make defense to said bill within the time required by law; it is ordered that as to them, plaintiS's bill be taken as confessed, and the cause set for hearing ex parte.' I. ORDERS APPOINTING RECEIVERS DELAWARE »» Form No. 937 (1) ORDER APPOINTING RECEIVER OF INSOLVENT CORPORATION (See bin, Form No. 275, ante, p. 372.) (Title and Court.) And now, to-wit, this day of , A. D. 19 . . , comes the complainant by X. Y., his solicitor, and also comes the defendant by Y. Z., its solicitor, and the said complainant exhibits to the Court his sworn bill of complaint, and the answer of the defendant is also submitted, admitting the facts of said bill to be true, whereupon the said complainant moves for the appointment of a receiver, as prayed for in said bill of complaint, and the said application coming on to be heard upon said bill and answer, and it appearing therefrom that the said S. A. Company is a corporation existing under the laws of the State of Delaware, but is not a corporation for public improve- ment; that said complainant is both a creditor and a stockholder of said defendant corporation; that the said S. A. Company is insolvent; and that it will be for the benefit of the creditors and stockholders of the said S. A, Company that a receiver be appointed; It is, therefore, ordered, adjudged and decreed as follows: 1. That W. Trust Company, a corporation under the laws of the state of Delaware, be and it is hereby appointed receiver of the said S. A. Company to take charge of the estate, effects, business and affairs thereof; and to collect the outstanding debts, claims and property due and belonging to said company, with power to prosecute and defend in the name of the corporation, or otherwise, all claims or suits; to appoint an agent or agents under it, and to do all other acts which might be done by said corporation and may be necessary and proper. 2. That such receiver shall forthwith take possession of said estate and effects of said defendant corporation and manage the same in accordance with the orders of the Chancellor hereafter to be made. 3. That said defendant corporation shall forthwith deliver over to T9 The above form is peculiar to the chancery practice of Tennessee. 80 The above forms, although obtained from the practice of Dela- ware, are available for use in general chancery practice. 852 EQUITY FORMS the said receiyer the property, both real and personal, of said cor- poration, and all books and papers touching the same. 4. It is further ordered that said receiver give bond for the faithful performance of its duty in the sum of one hundred thousand dollars within ten days from this date. X. Z., Chancellor. Form No. 938 (2) OBDEB APPOINTING EECEIVEE OF INSOLVENT BANK (See bin. Form No. 276, ante, p. 373.) (Title and Court.) And now, to-wit, this day of , A. D. 19.., the foregoing cause having come on to be heard upon the bill of com- plaint and the answer of the defendant company admitting the allega- tions of said bill, and the said corporation defendant, by its solicitor, G. H., Esquire, having consented to the granting of the prayers of said bill; It is wdered, adjudged and decreed by the Chancellor that the business of said defendant corporation, C. D. Banking Company, be and it is hereby closed. And it is further ordered that L. S. T., of , be and he is hereby appointed to be receiver of said defendant corporation, to take charge of, settle, and close up the affairs of said corporation under the direction of this Court. And it is further ordered that said receiver shall have full power to collect the outstanding debts, claims and property due and belong- ing to the company, with power to prosecute and defend in the name of the corporation, or otherwise, all claims or suits, to appoint an agent or agents under him. And it is further ordered that the said defendant corporation, its president, directors, officers, agents, servants and attorneys be and they are each of them expressly enjoined from receiving any debts due or owing to the said defendant corporation and from paying out, selling, assigning or transferring any of the property, estate, moneys, funds, lands, tenements or effects of any description, belonging to said defendant corporation, to any person other than to the receiver here- tofore appointed, or doing any of the business for which the said corporation was incorporated. And it is further ordered that the said defendant corporation, C. D. Banking Company, shall forthwith deliver over to the said receiver hereby appointed, all and every part of the property, real and personal, estate, effects and business of the said corporation, and all books, vouchers and other papers touching the business or estate of the said corporation, or any part thereof. And it is further ordered that the said receiver hereby appointed, before entering upon his duties as receiver, do give bond with surety unto the state of Delaware, in the penal sum of fifteen thousand dol- lars, conditioned for the faithful performance of his duty as such receiver, within five days, and Surety Company, a corporation of the state of New York, is hereby approved as such surety by the Chancellor. INTERLOCUTORY ORDERS OR DECREES 853 And it is further ordered that J. S. G. and H. H. B., of the city of be and they are hereby appointed appraisers to appraise the property of said corporation, according to the inventory to be made by the said receiver. X. Z., Chancellor. MAINE Form No. 939 (1) ORDER APPOINTING RECEIVER UNDER PUBLIC LAWS OF 1905, Ch. 85 81 (See bill, Form No. 282, ante, p. 379.) (Title and Court.) This cause came on to be heard this day upon bill and proofs and was argued by counsel and upon consideration thereof it is ordered, adjudged and decreed that the bill be sustained and that R. S., of Portland, in said county, be and hereby is appointed receiver of the defendant corporation, upon filing a bond with the clerk of this Court, in the sum of $10,000 with sufficient surety or sureties to be approved by this Court, conditioned for the faithful performance of his duties as such receiver; that immediately upon qualifying as aforesaid it shall be the duty of said receiver to proceed to demand, collect and receive all accounts, property and assets of said corporation, and said corporation, its officers and agents are hereby ordered to deliver over to such receiver all property belonging to said corporation or pertain- ing to its business; and said receiver is further directed forthwith to cause an accurate and complete inventory to be made of all the assets of said corporation coming into his hands in the first instance and a full and correct list of all liabilities of said corporation and to cause notice to be given forthwith to all creditors of said corporation by publication in any newspaper published in said Portland once a week for three successive weeks, and also by mail to all known creditors, notifying them to file and prove their claims against said corporation with said receiver within four months from the last date of publica- tion; and said receiver is further authorized to sell for cash at private or public sale all the property of said corpoi'ation, having first applied to this Court and secured its approval of the terms of such proposed sale, and thereupon under the further order and directions of this Court to distribute the proceeds of said sale pro rata among all cred- itors of said corporation entitled to the same; and pending the above proceedings said receiver is authorized to conduct and carry on the business of said corporation until further order of Court, making only such additions to stock and creating only such liabilities for current expenses as may be actually necessary for the continuance of said business, and to deposit all moneys received by him as such receiver in some responsible banking institution in his name as receiver and to keep an accurate account of all sums so received and disbursed by him and all other funds coming into his hands as such receiver and to report the same to this Court; and said receiver is hereby authorized to institute or defend suits at law or in equity in the name and in 81 The above form is peculiar to the chancery practice of Maine. ''54 EQUITY FORMS behalf of said corporation, and he shall be at liberty to apply to this Court at any time during the pendency of these proceedings for further orders and directions in the premises. Dated at said this day of November, A. D. 19. .. X. Y., Justice Supreme Judicial Court Form No. 940 (2) ORDEE APPOINTING EECEIVEE, GIVING INSTEUCTIONS AND AUTHOEIZING ISSUANCE OF CEETIFICATE 82 (Title and Commencement.) That R. W. D., of be and he hereby is appointed receiver of said P. M. Company, to receive, collect and take into possession all the outstanding debts, rents, moneys, effects and property of every kind or nature, due or belonging to said company, upon his filing a bond with the Clerk of the Supreme Judicial Court for the County of Waldo, in the sum of seventy-five thousand dollars, with sufficient sureties approved by any justice of this Court, conditioned for the faithful performance, by the obligor, of his duties as such receiver. Said bond is to be drawn in favor of T. W., Clerk of the Supreme Judicial Court, within and for the county of Waldo, or his successor in office, for the benefit of whom it may concern. 2. That all parties to said cause shall forthwith deliver to said receiver all the real and personal estate of said company, together with all evidences of title thereof, and also all money, notes, drafts, bills of exchange, checks or other evidences of indebtedness due to said company, together with all the books, accounts, vouchers, receipts and papers of every nature belonging to said company or pertaining to its business, which are in their possession or subject to their control. Said receiver Is hereby ordered and directed to report all actions, rights or causes of action belonging to said company for the Court's consideration and order thereon. 3. That said receiver is further ordered and directed to prepare and submit to the Court, for its consideration, an inventory of the assets and liabilities of said company, and said receiver shall convert said assets into cash, except so far as the same may be sold by a special commissioner appointed by the Court, and liquidate the in- debtedness of the company, in conformity with the decrees of this Court, to he made from time to time as occasion may require. But said receiver is not to sell or dispose of any of the real or personal estate of said company without being first duly empowered and authorized by an order of this Court. 4. That all moneys received by said receiver for the benefit of said company shall be deposited in some responsible banking institution; but no disbursement of said funds shall be made by said receiver until the claims to be paid shall have been first presented to this Court and approved by it. 82 Copied from the flies in Petit Manan Land Co. vs. Petit Manan Land and Industrial Co., clerk's office. Supreme Judicial Court, Waldo county. The above form, although obtained from the practice of Maine, is available for use in general chancery practice. INTERLOCUTORY ORDERS OR DECREES 855 5. That such receiver, under such orders as this Court may make Irom time to time, shall continue the business of said company. The receiver shall keep full and accurate accounts of all sales made, or moneys received by him in the conduct of said business, which shall be presented to this Court whenever the Court may so order. Said receiver shall make no purchase for the benefit of said com- pany nor pay any of its liabilities, in the conduct of its business, until he shall have been first duly authorized by this Court. 6. That said receiver is hereby directed to do all things necessary to protect the buildings, building material or other property of said company from loss, damage or waste, and to this end he may incur such reasonable expense as is necessary, under the direction of the Court from time to time and issue his certificates therefor as receiver. 7. That said receiver shall make report to this Court, from time to time, of his doings in this behalf and said receiver or either of the parties to this cause shall be at liberty to apply to the Court from time to time for such further order or directions as may be necessary. {Date.) X. Y., Justice Supreme Judicial Court. NEW HAMPSHIRE ss Form No. 941 OBDEB APPOINTING EECEIVEE OF REAL ESTATE (Title and Court.) The foregoing petition having been filed in the office of the clerk of said Court, this day of A. D. 19. ., It is ordered, adjudged and decreed that H. E. E., of , in said county, be and he hereby is appointed temporary receiver of the real estate described in said bill, to manage the same pending the service of notice and such decree or decrees as may thereupon be made, or until the further order of this Court, and that the said temporary receiver be authorized to dispose of the hay upon said premises and to make such necessary repairs as may be necessary to prevent depreciation of the property, upon filing a bond satisfactory to this Court in the penal sum of five hundred dollars conditioned for the faithful performance of the duties of the temporary receiver- ship; and the said receiver is authorized and directed forthwith to take possession of said real estate for the aforesaid purposes and for no other. It is further ordered that the petitioners notify the defendant, F. P. B., and all others who may be interested in the real estate ol the said P. G. R. to appear at the next term of the Superior Court to be holden at Concord in and for said county of Merrimack on the day of 19 . . , and show cause, if any they have, why said petition should not be granted by causing to be published a copy of the notice annexed hereto in the Independent Statesman once each week, for three successive weeks, the last publication to be at least thirty days before said first Tuesday of October. By order of the Court. Clerk. 83 The above form, although obtained from the practice of New Hampshire, is available for use in general chancery practice. 856 EQUITY FORMS VERMONT 84 Form No. 942 OEDEE APPOXNTING TEMPOEAET EECEIVEE OF A COEPOEATION (See an, Form No. SOS, ante, p. 411.) {Title and Court.} Upon hearing the parties upon application of orators for a receiver it is ordered that J. T. R., of , be and he is appointed receiver of the R. Insurance Company and directed to take possession of all the assets of said R. Insurance Company, both real and personal and wherever situate; and to take possession and charge of all the books, books of account, records and papers of every name and kind of said company; and the officers of said company are directed to turn over and deliver to him all such books, books of account, records and papers upon his request; and said receiver is directed to turn all the assets of said insurance company into money as rapidly as pos- sible and deposit the money to his credit as such receiver in the C. S. Bank; to make reports to the Court from time to time as directed; to obey such further orders in the premises as the Court may from time to time issue. The said receiver is directed to file a bond with the clerk of said court to his appraisal in the sum of five thousand dollars, conditioned for the faithful performance of his duties as receiver. It is further ordered that an injunction issue against the R. Insurance Company, its attorneys, officers, servants and agents forbidding them and each of them from selling, pledging or encum- bering any of the assets of said insurance company until further order of the Court. This order not to be operative until the orators or some one in their behalf shall file a bond for the sum of $500.00 with the clerk of this Court to be approved by him conditioned as required by No. 40 of Chancery Rules. Done in Court this day of A. D. 19... Chancellor. WEST VIRGINIA ss Form No. 943 OEDEE APPOINTING EECEIVEE OF COEPOEATION { Title ani Court.) This day came the plaintiff, by counsel, and here moved the Court to appoint a special receiver to take charge of the property of the defendant corporation, and of the rents and profits thereof, which motion the defendants, by counsel, resisted; and the Court being satisfied from the bill, exhibits and affidavits filed, that a proper case for the appointment of a receiver has been shown, it is adjudged, ordered and decreed that W. E. B. be and he is hereby appointed a special receiver in this cause, and he is hereby authorized and re- quired, after giving bond in the penalty of ? conditioned for 84 The above form is peculiar to the chancery practice of Vermont. 85 The above form, although obtained from the practice of West Virginia, is available for use in general chancery practice, INTERLOCUTOEY ORDERS OR DECREES 857 the faithful performance of his duties as such receiver and to account for and pay over all such funds as may come into his hands as such, to take immediate charge of all the property, both real and , personal, owned or controlled by the said corporation, R. Hotel Company, in- cluding all books and accounts thereto belonging, and to continue to conduct the business of said hotel until the further order of the Court in this cause, and in conducting the same, said receiver is hereby empowered to purchase and pay for all provisions and material necessary for the success of the same and to do all things usually done in the conduct of such business. And power is hereby given him to sue and collect all debts due said corporation, and the de- fendant corporation, its officer and employees, are hereby directed and required to deliver immediate possession of said property thereto belonging to said receiver, who is hereby authorized, should such possession be withheld, to enforce the same by any proper legal remedy, and said corporation, its officers and employees, are hereby restrained from in any way interfering with the said receiver in the discharge of his duties hereunder. And it is further ordered that said special receiver shall make up an itemized settlement and account of his proceedings under this order and report the same to this Court at the end of each month, or as hereafter shall be directed. And at the time of taking charge of the property, said receiver shall make an inventory of all the property, both real and personal, made up by separate items and filed in the papers of this cause. It is further ordered that proceedings in all pending suits against the defendant cprporation be stayed until the further order of this Court. (Conclusion.') J. ORDERS APPOINTING GUARDIANS AD LITEM ALABAMA se Form No. 944 (1) ORDER APPOINTING GUARDIAN AD LITEM (Title and, Court.) It appearing to the Court from the affidavit of A. B., the plaintiff in this cause (or, from the affidavit of A. C), that the following de- fendants in this cause are infants, viz. (here insert names), and that the said infants are believed to be over fourteen years of age: And it further appearing from said affidavit that the said infants have no guardian acting under authority of the decree of any Court within this state: And it further appearing from the return of the sheriff in this cause that thirty days have elapsed from the service of process upon 86 Where the infant is under fourteen, the acceptance should so state, and the method of service should be recited; but the failure of the infant to choose his guardian ad litem should be omitted from the order. Form for appointing guardian ad litem for insane defendants is the same as that for appointing guardian ad litem for infant over fourteen. (See Sims' (Alabama) Ch. Pr. p. 479-480.) The above forms are peculiar to the chancery practice of Alabama. S58 EQUITY FORMS said infants in the manner provided by law (or, since the filing of the certificate of publication by the Register, when publication was had) ; and that said infants have not in the meanwhile made known any choice of a guardian ad litem: And it further appearing that E. F., a solicitor of this Court, has filed his consent in writing to act as such guardian ad litem: And the name of said E. F., not having been suggested to the Court by the plaintiff or his solicitor in this cause, and said E. F. not being in the knowledge of the Chancellor related by blood or marriage within the fourth degree to the plaintiS or his solicitor or to the Chancellor or the Register, and said E. F., being a fit and suitable per- son to act as such guardian ad litem: It is ordered, adjudged and decreed that the said E. F. be and he is hereby appointed guardian ad litem for the infant defendants: (here repeat the names of the infants) to represent their interests in this cause. Ordered, adjudged and decreed this day of , 19. .. X. Y., Chancellor. (Consent of Gtuirdian ad litem, referred to in above order.) (Title and Court.) I, E. F., hereby consent to act as guardian ad litem, in the above cause for the following named infant parties therein, whose residences and ages are set opposite their names, viz.: (Here insert names and residences and ages.) Witness my hand this day of 19 . . . E. P. Form No. 945 (2) ORDER APPOINTING ADMINISTRATOR AD LITEM (Title and Court.) It appearing to the Court from the aflidavit of A. B. that C. D., one of the defendants in this cause, has died since the filing of the bill of complaint, and that his estate must be represented in this cause, and that there is no executor or administrator thereof in this state, it is hereby ordered that E. F., Esq., be and he hereby is appointed admin- istrator ad litem to represent said estate in this cause, and that he appear and represent the said estate in this cause before this Court. Ordered, adjudged and decreed this day of , 19. .. X. Y., Chancellor. I hereby accept the appointment of administrator ad litem of the estate of C. D., deceased, to represent said estate in this cause this day of 19... E. F. DELAWARE st Form No. 946 ORDER APPOINTING GUARDIAN AD LITEM (See petition, Form No. 756, ante, p. 755.) And now, to-wit, on the day of , 19. ., the petition of G. H. praying to be appointed guardian ad litem for the minors 87 The above form is peculiar to the chancery practice of Delaware. INTERLOCUTORY ORDERS OR DECREES 859 named in the bill of complaint as defendants, having been read and considered, it is hereby ordered that G. H. be admitted as guardian ad litem for C. D. and E. F., named in the said bill as defendants, to enter an appearance for them, to file an answer for them and do such other matters and things as are necessary to defend the suit in which tney are defendants. X. Y., Chancellor. FLORIDA 88 Form No. 947 ORDER APPOINTING GUARDIAN FOR ABSENT UNKNOWN DEFENDANT (Title and Court.) This cause coming on to be heard this day upon the motion of the complainant for the appointment of a guardian for the absent unknown defendants, and it appearing to the Court that heretofore, to-wit, on the day of A. D. 19.., a decree pro confesso was entered against the unknown defendants, and each of them, namely all persons interested in the property involved in this suit as the heirs at law, devisees, grantees or other claimants under J. T. S., deceased, or otherwise; and the Court finding that the complainant is entitled to the appointment of such guardian: 1. It is, therefore, ordered, adjudged and decreed that the decree pro confesso heretofore entered in the above entitled cause against the unknown defendants, and each of them, namely all persons interested in the property involved in this suit as the heirs at law, devisees, grantees or other claimants under J. T. S., deceased, or otherwise, for failure to answer, plead or demur to the complainant's bill of com- plaint in this cause, be and the same is hereby ratified, confirmed and approved in all respects. 2. And it is further ordered, adjudged and decreed that G. H., an attorney learned in the law, be and he is hereby appointed guardian for the absent unknown defendants in this cause, namely, all persons interested in the property involved in this suit as the heirs at law, devisees, grantees or other claimants under J. T. S., deceased, or otherwise; and that the said G. H., as such guardian, shall make and file in this Court the oath required by law, and shall make and file such answer and file such defense as he may deem proper to protect the substantial interests, if any, of such absent defendants. Done and ordered, in chambers, at the county court house, Florida, this the day of February, A. D. 19 . . . Judge. 88 The above form is peculiar to the chancery practice of Florida. 860 EQUITY FORMS K. MISCELLANEOUS 0BDEB8 ALABAMA »» Form No. 948 ORDER FIXIKG BOND NECESSARY FOR THE EXECUTION OF A FINAL DECREE UPON A BILL TAKEN PRO CONFESSO, WHEN EXECUTION IS HAD BEFORE THE EXPIRA- TION OF TWELVE MONTHS (Title and Court.) The petition of J. F., filed in said cause on the day of , 19.., this day coming on to be heard, seeking to have the Court fix the bond to be furnished by her as otherwise described before the confirmation of the report of commissioners setting apart to her dower filed in the Court on the day of 19 . . ; and it appearing to the Court from the report of the Register made on the day of 19 . . , upon a reference held to ascertain the truth of the allegations in the petition for dower, that the property allotted by said commissioners as dower rents for | a year; It is now ordered, adjudged and decreed that a bond in the sum of $ to be approved by the Register, conditioned as required by law, shall be furnished by the petitioner before the report setting aside dower shall be confirmed. Ordered, adjudged and decreed this day of 19 . . . X. Y., Chancellor. Form No. 949 ORDER OVERRULING EXCEPTIONS AND CONFIRMINQ REPORT OF REGISTER 90 (Title and Court.) This cause coming on again this day to be heard upon the report of the Register filed in this cause and read in open Court on the day of 19 . . , upon a reference ordered on the day of 19 . . , and upon the exceptions to said report taken by the plaintiff and filed in this cause on the day of 19 . . , and the Court having heard the exceptions and having heard arguments in support of them by the solicitor for the plaintiff and by the guardian ad litem; and it appearing to the Court that the said exceptions are not well taken and that the said report of the Register should be con- firmed, it is now ordered, adjudged and decreed that the said excepT tions taken by the plaintiff be and the same are hereby severally overruled, and that the said report of the Register filed on the 89 This bond in this form is one for confirmation of a decree for dower when rendered upon decree pro confesso without personal serv- ice. Compare, however, the doubt expressed as to the necessity of the bond in Roy vs. Roy, 48 So. 793. Sims' (Alabama) Ch. Pr., p. 488. The above form is peculiar to the chancery practice of Alabama. 90 Sims' (Alabama) Ch. Pr., pp. 500-1. The above form, although obtained from the practice of Alabama, is available for use in general chancery practice. INTERLOCUTORY ORDERS OR DECREES 861 day of , 19 . . , be and the same is in all respects hereby con- firmed. Ordered, adjudged and decreed this day of 19 . . . X. Y., Chancellor. DELAWABE Form No. 950 (1) ORDER APPOINTING A TRUSTEE UNDER A WILL, DEED, ETC. (To follow on the record the petition for such appointment.) (Title and Court.) And now, to-wit, this day of A. D. 19 . . , the fore- going petition being read and considered, and it appearing that C. D., who was by the last will and testament of E. F., deceased (or by a certain indenture, etc., as the case may he), appointed trustee of the estate and property in the petition mentioned, has departed this life (or has, by his written disclaimer filed in this Court, refused to accept said trust.91) It is thereupon ordered by the Chancellor that A. B. be and he is hereby appointed the trustee of certain real estate (or of a certain legacy or sum of money, as the case may be) which in and by said last will and testament was devised (or bequeathed) unto the said C. D., deceased, in trust for, etc. (state the substance of the trust in general terms), with authority to hold, manage and dispose of the said real estate and of the rents, issues and profits thereof (or, with authority to collect, receive, invest, apply and dispose of the said legacy or sum of money and of all income therefrom to accrue) pur- suant to the trusts of the said last will and testament, and to any and all orders and decrees of the Chancellor touching the same; the said A. B. first executing a bond or obligation, with surety to be approved by the Chancellor, to be taken in the name of the state of Delaware, in the penal sum of dollars, and with condition for the faithful performance of his duties as such trustee. And G. H. is ap- proved as surety. It is ordered that such bond or obligation, when executed, be filed and recorded in this Court. X. Y., C. The same day the said A. B. appears in open Court (or, if th^ appointment be made at chambers, appears before the Register in Chancery) and accepts the said appointment of trustee, and executes a bond or obligation pursuant to the foregoing order, with G. H. as his surety.92 m. When a trustee under will or deed refuses to accept the trust, he should file a written disclaimer in the Court of Chancery before a petition for a new appointment is presented. 92 If the trust be of real estate, a conveyance of the legal estate to the trustee appointed by the Court is necessary in order to perfect his title. If the tenant of the legal estate is a party to the proceeding in which the trustee is appointed, an order for a conveyance by such person may be made therein, as where the original trustee is removed or discharged and a successor is appointed in the same proceeding, or where the heirs-at-law of a deceased trustee join in an application for the appointment of a succeeding trustee. If, however, the tenant of the legal estate is hot a party, so as to be subject to the order of the Court, some further proceeding will be necessary for obtaining a 862 EQUITY FORMS Form No. 951 (2) ORDER REMOVING GUARDIAN AD LITEMS {Title and Court.) And now, to-wit, this day of , 19.., the within suggestions to the Court here that the said B. B. J. is now over twenty- one years of age, and that since the filing of the hill in this cause the said B. B. J. has become and now is the wife of G. T., and that the said B. B. J. is now known as B. B. T., and the motions ol E. F., solicitor for the said B. B. J. and A. J., next friend of the said B. B. J., that the Court here now remove from the said cause the said A. J. as the next friend of the said B. B. J. and that the Court here permit and authorize the said B. B. J., in her own present name of B. B. T., and in her own right, to prosecute said suit to final judgment, having been made to the Court here, and the same having been maturely considered by the Court, It is ordered, adjudged and decreed by the Court that the said A. J. be and he is hereby now removed from said cause as such next friend, and that the said B. B. J. be and she hereby is permitted and author- ized, in her own present name of B. B. T., and in her own right, to prosecute said cause to final judgment; and it is further ordered and directed by the Court that the said suggestions and motions, and this order, and decree, be entered on the records of this Court in said cause. X. Y., Chancellor. MAINE Form No. 952 ORDER FOR WRIT NE EXEAT »* {Title and Commencevnent.) That a writ of ne exeat repuMica issue against the said defendant, C. D., restraining him from departing beyond the limits of this state until this Court shall otherwise order; but that said defendant be dis- charged therefrom upon giving to the plaintiff a bond in the sum of dollars with sureties approved by this Court, conditioned that said defendant shall abide the final decree of the Court in said cause. {Date.) , Justice of the Supreme Judicial Court. conveyance. If the person seized of the legal estate be an infant, he may be compelled to convey. If the person seized is not ascertain- able, or if he be out of the jurisdiction of the Court, or if he refuse to convey within twenty days after tender of a deed, a remedy is pro- vided by statute. Where the trustee originally appointed disclaims, a conveyance by him is not proper. If he were the person solely appointed, or all named as trustees disclaim, the legal estate vests in the heirs-at-law of the testator, (if the trust be under a will) and the conveyance must be by them. The above form, although obtained from the practice of Delaware, is available for use in general chancery practice. 93 The above form, although obtained from the practice of Dela- ware, is available for use in general chancery practice. 3* The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. INTERLOCUTORY ORDERS OR DECREES 863 Form No. 953 BRIEF FORM OF ORDER OF COURT GRANTING WRIT NE EXEAT Having perused the preceding petition and affidavit, I am of the opinion that a ne exeat should be granted, and do accordingly allow the same, and that the defendant be held to bail in the sum of dollars. (Date.) , Justice S. J. C. MARYLAND 95 Form No. 954 ORDER FOR SECURITY FOR COSTS {Title and Court.) Ordered, this day of 19.., by the Circuit Court of Baltimore City, that the plaintiff give security for costs in this case, unless cause be shown to the contrary thereof, on or before the day of 19. ., provided a copy of the motion and of this order be served on the said plaintiff, or his solicitor, on or before the day of 19... True copy: Test: Clerk. MASSACHUSETTS ^^ Form No. 955 RULE TO SHOW CAUSE WHY DEFENDANT SHOULD NOT BE PROSECUTED FOR CONTEMPT (Title and Court.) And now it appearing to the Court upon the above petition that on the day of a decree was signed and entered by this Court therein ordering and directing the defendant C. D. (set forth the provisions of the clause) and that the said C. D. though duly notified thereof, has failed and neglected to obey and comply with the terms of said decree. Now, therefore, it is hereby ORDERED, that the said C. D. be notified by the service upon him of an attested copy of this order at least days before the return day thereof, to be and appear before some one of the Justices of this Court, at in , on the day of at o'clock in the noon, then and there to show cause, if any he has, why he should not be committed for contempt of Court in the disobedience of said decree. NEW JERSEY Form No. 956 (1) ORDER SETTING FOR HEARING (Title and Court.) It is ordered, on motion of C. and D., solicitors for and of counsel with the complainant, that this cause be set down for hearing on the 85 The above form is peculiar to the chancery practice of Maryland. 98 The rule or order to show cause is usually predicated upon a petition in writing signed by the petitioner and supported by affidavit. It should recite the decree, its date, that respondents had due notice thereof and the neglect and failure to comply. Hurley v. Common- wealth, 188 Mass. p. 447. 864 EQUITY FORMS day of next, in the city of Newark, at the hour of ten o'clock in the forenoon of that day, or as soon thereafter as counsel can be heard thereon. X. Y., Vice Chancellor. Dated this day of , 19 . . . Form No. 957 (2) OBDKR DISCHABGING TBUSTEE (See Mil, Form No. 159, ante, p. 'l85.) (Title and Court.) It appearing to the Court that W. S. B. was by the decree of this Court made on the day of 19. ., appointed trustee in the room and stead of C. O. B., deceased, of the lands (give description), to hold the same upon the trust mentioned, created and declared in and by the last will and testament of said M. A. B., late of with all the rights, powers, duties and privileges incident to the appointment, and it having been by the said decree ordered, adjudged and decreed that the said C. O. B., deceased, held the said lands in his lifetime as trustee for the trusts set forth and declared in the will of the said M. A. B., deceased, and that the equitable estate in the said lands belonged to the said (naming them); And it further appearing that the said (naming ieneficiaries) have released and discharged the said W. S. B., trustee as aforesaid, by a general release and have especially released him from all liability whatsoever as trustee as aforesaid by releases under their several hands and seals, duly filed in this Court in the said cause; And it appearing by the decree and the testimony heretofore taken that the lands of which the said W. S. B. was appointed trustee by the decree heretofore made in this cause belonged to the said Cbene- flciaries) ; It is thereupon, on this day of 19 . . , on motion of E. C. of counsel with the complainants, ordered that the said trustee be, and he is, hereby discharged from the said trust and the bond here- tofore given by him is hereby discharged. X. Y., 0. Form No. 958 (3) ORDER TO AMEND (Title and Court.) The complainant, A. B., having filed his bill of complaint in this cause, and the defendant having filed his answer thereto, and the com- plainant now applying to amend his bill of complaint, and it appearing that due notice has been given to said defendant of this application, and good reason appearing therefor, It is, on this day of nineteen hundred and , on motion of E. F., of counsel with the complainant, ordered that the said complainant have leave to amend his bill as he be advised. And It is further ordered that if such amendments require a new INTERLOCUTORY ORDERS OR DECREES 865 or further answer, that then the complainant pay to A. B., the costs of such further answer to be taxed, if such answer shall be filed. X. Y., C. PENNSYLVANIA ^s Form No. 959 ORDEK DISSOLVING INJUNCTION (Title and Court.) And now {date), this cause came on to be heard at this term, and was argued by counsel, and upon motion of Q. D., attorney for defend- ant, it is ordered, adjudged and decreed as follows: viz.: that the preliminary injunction granted (date) is now dissolved. ' X. Y., Judge. VERMONT 99 Form No. 960 (1) OBDEB OVEBBULING DEMUBBEB TO BILL (Title and Court.) The above entitled cause came on for hearing at chambers (or other- wise as the case may be) on demurrer to the bill, and was argued by counsel, and thereupon on consideration thereof, the demurrer is overruled, the bill is adjudged sufficient (and the benefit of the de- murrer is reserved to the defendant until the hearing) . Done at chambers (or otherwise as the case may 6e) at in the county of and state of Vermont, this day of A. D. 19... Chancellor. Form No. 961 (2) OBDEB BECOMMITTING THE MASTEB'S BEPOBT (Title and Court.) This cause came on for hearing in open Court (or at chambers, as the case may he) at in the county of , on the day of A. D. 19. ., upon a motion by the orator (or by the de- fendant, as the case may 6e) to recommit the master's report for addi- tional findings by him (and for said master to report certain of the evidence given on the hearing before him) and upon a full considera- tion of the matters and things brought to said master's attention on that hearing, said report is recommitted to said master under the following instructions: Let the master report, (Here insert instructions to m,aster.) Dated this day of A. D. 19. .. Chancellor. 98 The above form, although obtained from the practice of Penn sylvania, is available for use in general chancery practice. «9 Similar order with necessary changes may be used in case bill was adjudged insufficient. The above forms, although obtained from the practice of Vermont, are available for use in general chancery practice. 866 EQUITY FORMS Form No. 962 (3) OEDEB DISSOLVING INJUNCTION (Title and Court.) The above entitled cause came on for hearing before me at cham- bers {or otherwise a^ the case may 6e) after answer filed, on the de- fendant's motions to dissolve the injunction heretofore granted therein; and now upon due hearing and consideration the said injunction is hereby dissolved. Done at chambers (,or otherwise as the case may he) at in the county of and state of Vermont, this day of , A. D. 19... Chancellor. Form No. 962a OEDEE TO SHOW CAUSE WHY PEELIMINAEY INJUNCTION SHOULD NOT BE ISSUED AND GRANTING EESTEAINING OEDEE IN THE INTEETM (Title of Cause.) Upon the prayer of the plaintiff's bill and the foregoing motion for a preliminary injunction and restraining order, it is hereby ORDERED that the defendants appear before this court in the Equity Hearing Room of the Cumberland County Court House, at Portland, Maine, on the day of , A. D. 1917, at ten A. M., then and there to show cause, if any they have, why a pre- liminary injunction should not be issued against them as prayed for in the plaintiff's bill; and it is hereby further ORDERED that in the interim between the date hereof and the time fixed for said hearing, and until further order of this court, the said defendants, their servants, agents, ofl[icers and attorneys, be and hereby are restrained from (here set forth the acts to be restrained) and that notice of said hearing and of this order of court thereon, be given to said defendants, by causing a copy of the plaintiff's bill in ecLuity, motion and this order thereon, duly attested by the Clerk of this Court, to be given in hand to the said defendants (in the case of a corporation say: "to any officer of said defendant company") by an officer duly qualified to serve civil process in the County in which said defendant (or said officer) shall be found, — at least days prior to the date herein set for said hearing. Dated this day of 1917. Justice Supreme Judicial Court. NEW JERSEY Form No. 962b OEDEE APPOINTING EECEIVEE The complainant having filed his bill of complaint with affidavits in support thereof thereunto annexed, in the above entitled cause on the day of , 1917, and an order having been made , thereon on the said day, directing said defendant, Com- INTERLOCUTORY ORDERS OR DECREES 867 pany, to show cause on 1917, why an injunction should not issue pursuant to the prayer of said bill, and a Receiver be ap- pointed of the property, estate, books and papers of the said Company, and the said order having been continued from time to time and until 1917, and the said defendant company con- senting to the appointment of a receiver and admitting its insolvency, and it appearing to the Court that the business of said company has been and is being conducted at a great loss and greatly prejudicial to the interest of the creditors and stockholders so that its business can- not be conducted with safety to the public and advantage to its stock- holders, it is, on motion of Solicitors for the complainant, in the presence of Solicitor for the defendant, on this day of , 1917, ORDERED, ADJUDGED AND DECREED, that the business of the said Company has been and is being conducted at a great loss and greatly prejudicial to the interests of its creditors and stockholders so that its business cannot be conducted with safety to the public and advantage to its stockholders; and it is further ORDERED, that the said Company, its oflScers, serv- ants and agents, do desist and refrain until the further order of this Court from exercising any of its franchises or from receiving any debt due to it, or from paying or transferring any moneys or effects or from continuing its business; and it is further ORDERED, that , Esq., be and he is hereby appointed receiver of the said defendant company with all the powers and charged with all the duties prescribed by the statute in such cases made and provided, and to take charge of the property, estate, books and papers of the said defendant company; and it is further ORDERED, that the said receiver shall enter into bonds to the Chancellor of the State of New Jersey in th,e sum of $10,000, condi- tioned for the faithful performance of his duty, to be approved as to form and sufficiency thereof by any one of the Special Masters of this Court; and it is further ORDERED, that the creditors and stockholders of the said defend- ant company shall show cause before the Chancellor, at the Chancery Chambers, Prudential Building, City of Newark, on the 11th day of December, 1917, at ten o'clock in the forenoon, why the said receiver should not be continued or why some other person should be ap- pointed and it is further ORDERED, that the receiver of the defendant company shall, within 3 days from the date hereof, mail to each of the creditors and stockholders of the defendant company a true but uncertified copy of this order; and it is further ORDERED, that the receiver herein be and he is hereby author- ized to continue business of the Company, the above named defendant, until December 11, 1917. Respectfully advised. Chancellor. 868 EQUITY FORMS NEW JERSEY Ponn No. 962c OKDEB TO SHOW CAUSE, RESTRAINING ORDER AND APPOINT- MENT OF TEMPORARY RECEIVER i (TitJe.) This matter being opened to the Court by A. B., Solicitor for the complainant, and upon reading and filing the bill of complaint and the affidavit thereto annexed, and the court being satisfied of the sufficiency of the application made in this cause. It is on this first day of May, 1917, on motion of A. B., Solicitor of Complainant, ORDERED, that B. Company, a corporation, show cause before the Chancellor, at the Chancery Chambers, in the City of Newark, on Tuesday, the 15th day of May, 1917, at ten o'clock in the forenoon of that day, or as soon thereafter as the matter can be heard, why an injunction should not issue according to the prayer of the bill of complaint, and why a receiver should not be appointed for the said Company, a corporation, according to the statute in such case made and provided. It Is further ORDERED, that until the further order of the court, the said Company, its ofl5cers, servants and agents are hereby en- joined and restrained from contracting any debts, from collecting and receiving any money owing to said corporation, and from paying out, selling, assigning or transferring any of its moneys or other prop- erty or estate, except to a receiver appointed by this court. And it is further ORDERED that, for the purpose of preserving the assets of the defendant corporation of Newark, New Jersey, be and he is hereby appointed Receiver of all the goods, wares, mer- chandise, accounts, account books, chattels, choses In action, real estate and all other property of whatsoever nature and wheresoever located, belonging to or being the property of, or in the possession of the said defendant corporation. And it Is further ORDERED that said Receiver before he shall enter upon his duties as such receiver, shall give a bond to the Chan- cellor of the State of New Jersey, in the sum of $3,000 conditioned for the faithful performance of his duties, to be approved as to form and security thereof by any one of the special masters of this Court. And it is further ORDERED that said Receiver be and he is em- powered forthwith to take possession of all the property, assets and effects of whatsoever nature of said defendant corporation, and to do all and any acts, and to take any and all such proceedings as may enable him forthwith to obtain possession of all and any such prop- erty, and to keep and preserve the same until the further order of this court. And it is further ORDERED that the Receiver be and he Is hereby authorized to continue the business of defendant corporation for a period of five days, and in the conduct thereof to incur such ex- penditures as may be necessary. 1 The above form, though taken from the chancery practice of New Jersey, is available for use in general chancery practice. For bill on which this was granted, see Form No. 294-A. INTBKLOCUTORY ORDERS OR DECREES 869 And it is further ORDERED that a true, but uncertified copy of the bill of complaint and affidavit thereto annexed, and of this order be served upon the President of the defendant corporation or other principal officer thereof within one day from this date, and that an uncertified copy of this order be mailed to all creditors and stock- holders of defendant corporation at their respective last known post ' office addresses within five days from the date hereof. Application to modify or vacate this order may be made on one day's notice to solicitor for complainant. Respectfully advised. CHAPTER XXXin BONDS ALABAMA! Form No. 963 BOND NECESSAEY TO EXECUTION OF A DECREE TAKEN PRO CONFESSO WITHOUT PERSONAL SERVICE, IF THE EXECUTION IS DESIRED BEFORE THE EXPIRA- TION OF A YEAR STATE OF ALABAMAl County. p®- Know all men by these presents: That we, A. B., as principal, and A. C. Co., as surety, are held and firmly bound unto X. Y., as Register in Chancery of the dis- trict of the chancery division of Alabama, in the sum of $ , whereto we bind ourselves, our successors and personal representatives : The condition of this bond is such that if the decrees taken on the bill pro confesso against {here insert names of defendants against whom decree pro confesso is taken), in the cause of A. B. vs. C. D. and others, No in the Chancery Court for said district, shall be set aside within one year from this date, and we shall account for the value, rents and profits of the following pieces of real estate in the county of and state of Alabama {here insert list of property), all of which is fully described In the report (etc.) and if we shall further abide by and perform such decree as the Court may render, this bond shall be void, otherwise shall remain of full force and effect. In witness whereof the said A. B. has hereto set his hand and seal, and the said A. C. Co. has hereto set its name and affixed its corporate seal by G. H., its , thereunto duly authorized, this day of 19... A. B. {Seal) A. C. Co., by G. H., its {Seal) ORDER APPROVING ABOVE BOND This cause coming on this day before me upon the order of Court made this day of 19 . . , in this cause fixing the amount of the bond required to be executed by A. B. in order that execution of the final decree rendered in this cause on the 1 Bond and Order from Sims' (Alabama) Ch. Pr., pp. 488-89. The above forms are peculiar to the chancery practice of Alabama. 870 BONDS 871 day of , 19.., may be had before twelve months from the date thereof; and the said A. B. having tendered to me this day his bond in the required sum, conditioned as required by law, with A. C. Co. as surety thereon, and the same appearing to me to be /good and sufficient surety, it is hereby ordered that the said bond be and the same is hereby approved this day of , 1'9. .. X. Y., Register. DELAWARE 2 Form No. 964 (1) EECEIVER'S BOND Know all men by these presents, that we, of the New Castle county a;nd state of Delaware, and , a corpora- tion of the state of are held and firmly bound unto the state of Delaware, in the penal sum of dollars, lawful money of the United States of America, to be paid to the said state of Delaware: To which payment well and truly to be made, we bind ourselves, jointly and severally, and our respective heirs, executors, administrators, suc- cessors and assigns, firmly for and in the whole by these presents. Sealed with our seals and dated this day of , in the year of our Lord nineteen hundred and The condition of this obligation is such that if the above bounden, who was on the .... day of A. D appointed by the Chancellor of the state of Delaware, receiver of , a corporation of the state of Delaware, and has accepted said appointment with all the duties and obligations pertaining there- unto shall well and faithfully execute his said office of receiver and per- form and fulfill all trusts and duties to the said office appertaining, and shall observe and perform all orders and directions of the Chan- cellor touching the administration of the said receivership, and the care, management and disposal of the trust estate and funds, and shall faithfully and truly account for all the moneys, effects and assets of the said corporation which shall come into his hands, and possession, and if at the expiration of his said receivership or otherwise as the Chan- cellor may order, the said or in the case of his decease, if the heirs, executors and administrators of the said shall without delay convey, assign, deliver and pay over unto the person or per- sons entitled to receive the same, or to his success , all the estate and funds then held by him as such receiver, subject to such just allowance as the Chancellor shall make, then this obligation to be void; otherwise to be and remain in full force and virtue. Signed, sealed and delivered in the presence of (Seal) (Seal) z The above forms, although obtained frojn the practice of Dela- ware, are substantially available for use in general chancery practice. 872 EQUITY FORMS Form No. 965 (2) BOND TO BE GIVEN BY PXTECHASEK. AT TEUSTEE'S SAIJB (The iond is in the usual form and is taken in the -name of the trustee, especially describing Mm as such, and is subject to the follow- ing condition, viz.:) Whereas A. B. has become the purchaser of certain premises (de- scribing them sufficiently for purpose of identification) sold by the said C. D., Esquire, as such trustee under a decree of the Court of Chan- cery in and for county, at the sum of $ , which sale is returnable by such trustee at the next succeeding term of said Court. Now therefore, it is expressly made a condition of the above written obligation that if the said A. B., his heirs, executors or administrators, shall and do, on or before the day of , A. D being the first day of the next term of the said Court in and for the county of deposit in the Farmers' Bank at to the credit of the said Court the aforesaid sum of $ (or iti the event of a sale partly on credit, the sum, which, by the terms of sale, is required to be paid in cash, and shall also at the return term appear in the said Court and secure the residue of said purchase money in such mode as the Chancellor shall order and direct) when this obli- gation shall become and be null and void, or else shall be and remain in full force and virtue. Form No. 966 (3) TEUSTEE'S BOND Know all men by these presents, that we, A. B., of , in the Etate of Delaware, and C. D., of in the same state, are held and firmly bound unto the state of Delaware, in the penal sum of dollars, lawful money of the United States of America, to be paid to the said state of Delaware: to which payment well and truly to be made, we bind ourselves, jointly and severally, and our respective heirs, executors and administrators, firmly by these presents. Sealed with our seals, and dated this day of in the year of our Lord one thousand nine hundred and The condition of this obligation is such, that if the above bound A. B., who has been appointed by the Chancellor of said state a trustee (set forth the appointment in the terms used in the order), shall well and faithfully execute his said oflSce of trustee and perform and fulfill all trusts and duties to the said office appertaining, and shall observe and perform all orders and directions Of the Chancellor touching the execution of the said trust and the care, management and disposal of the trust estate and funds; and if the said A. B. shall, during the continuance of the said trust, at least once in every two years from the date hereof, and as often at other times as the Chan- cellor shall direct, make before the Chancellor a just and true account of the said trust estate and funds; and if, at the termination of his said trusteeship, the said A. B., or in case of his decease, if the heirs executors and administrators of the said A. B., shall without delay convey, assign, deliver and pay over unto the person or persons en- titled to receive the same, all the trust estate and funds then held by BONDS 873 him, subject to such allowances as the Chancellor shall make, then the said obligation to be void; otherwise to be and remain in full force and virtue. Signed, sealed and delivered (L. S.) in presence of (L. S.) Form No. 967 (4) APPEAL BOND Know all men by these presents, that we, A. B., of , In the state of Delaware, and C. D., of in the same state, are held and firmly bound unto E. F., of in the said state, in the penal sum of dollars, lawful money of the United States of America, to be paid unto the said E. F., his certain attorney, executors, administrators or assigns; to which payment, well and truly to be made, we bind ourselves, jointly and severally, and our respective heirs, executors and administrators, firmly by these presents. Sealed with our seals and dated this day of in the year of our Lord one thousand nine hundred and Whereas at a Court of Chancery held at on the day of , A. D. 19 . . , a certain decree was made in a suit then depending in the said Court between the said A. B., complainant, and the said E. F., defendant, from which decree the said complainant prayed an appeal and the same was granted; Now the condition of the above obligation is such, that if the above bounden A. B. shall appear in the Court of Errors and Appeals and prosecute his said appeal to effect and pay the condemnation money and all costs, or otherwise shall abide the decree in appeal, if he fail to make his plea good in the beforementioned suit, then the above obligation to be void, otherwise to be and remain in full force and virtue. Signed, sealed and delivered (L. S.) in presence of (I/. S.) Form No. 968 (5) INJUNCTION BOND, FOR AN INJUNCTION TO STAY AN ACTION AT LAW FOE DEBT OB DAMAGES BEFOBE JUDGMENT Know all men by these presents, that we, A. B., of , in the state of Delaware, and C. D., of , in the same state, are held and firmly bound unto E. F., of in the said state, in the penal sum of dollars, lawful money of the United States of America, to be paid to the said E. F., his certain attorney, executors, administrators or assigns; to which payment, well and truly to be made, we bind ourselves, jointly and severally, and our respective heirs, executors and administrators, firmly by these presents sealed with our seal and dated the day of in the year of our Lord one thousand nine hundred and Whereas by an order made on the day of , A. D. 19.., upon the bill of complaint (or petition) of the said A. B., ex- 874 EQUITY FOEMS hibited in the Court of Chancery of the state of Delaware, in and for county, the Chancellor of the said state has awarded to the said A. B. a writ of injunction to restrain the further prosecution against htm of a certain action before then commenced in the Superior Court of said state in and for county, by the said E. F., and now pending therein, such injunction to be issued upon the said A. B.'s giving security as is required by the rules and practice of the Court of Chancery in such cases; Now the condition of the above obligation is such, that if the in- junction so to be issued as aforesaid shall be made perpetual; or if, in case the said injunction shall be dissolved, the above bounden A. B. and C. D., their heirs, executors, or administrators, or any of them, shall thereupon well and truly pay, or cause to be paid, tmto the said E. F., his executors, administrators, or assigns, all such simi or sums of money as may be recovered by the said B. F. for debt {or damages) and costs in the said action at law, or the collection of which may be in any way stayed by such injunction; and if the said A. B., his heirs, executors, or administrators, shall in all things perform and abide by all such decrees or orders as the Chancellor may make in the afore- said cause, then the above obligation to be void; otherwise to be and remain in full force and virtue. Signed, sealed and delivered (L. 8.) in presence of {L. S.) Form No. 969 (6) INJUNCTION BOND, FOE AN INJUNCTION TO STAY EXECUTION OF A JUDGMENT (The obligation to be of same form as in Form No. 968, with condi- tion as follows, viz.:) Whereas by an order made on the day of , A. D. 19.., upon a certain bill of complaint (or petition) of the said A. B., exhibited in the Court of Chancery of the state of Delaware, in and for county, the Chancellor of the said state has awarded to the said A. B. a writ of injunction to restrain the collection, by execu- tion process or otherwise, of a certain judgment before then recovered in the Superior Court of said state in and for county; at suit of the said E. F. against the said A. B., for the sum of dol- lars, as debt {or damages) together with costs, being No to term of said Superior Court, such injunction to be issued upon the said A. B.'s giving security as is required by the rules and practice of the Court of Chancery in such cases; Now the condition of the above obligation is such, that if the in- junction so to be issued shall be made perpetual ; or if, in case the said injunction shall be dissolved, the said A. B. and C. D., their heirs, executors or administrators, or any of them, shall thereupon well and truly pay, or cause to be paid, unto the said E. F.^ his executors, administrators or assigns, the aforesaid judgment, with the interest upon the same, and all costs; or if the said A. B. and C. D., their heirs, executors or administrators, or any of them, shall well and truly pay, or cause to be paid unto the said E. F., his executors, ad- ministrators, or assigns, so much of the said judgment, interest and BONDS 875 costs as the Chancellor, upon hearing the cause aforesaid, shall order and decree; and if the said A. B., his heirs, executors, or administra- tors, shall in all things perform and ahide by all such decrees or orders as the Chancellor may make in the aforesaid cause, then the above obligation to be void; otherwise to be and remain in full force and virtue. Signed, sealed and delivered (L. S.) in presence of (L. 8.) Form No. 970 (7) INJUNCTION BOND, FOR INJUNCTIONS OTHER THAN TO RESTRAIN THE RECOVERY OR COLLECTION OF MONEY,— AS IN CASES OF WASTE, NUISANCE, EJECTMENT, ETC. ( The obligation to he of same form as in Form No. 968, with condi- tion as follows, viz:) Whereas by an order made on the day of A. B. 19.., upon the bill of complaint (or petition) of the said A. B., ex- hibited in the Court of Chancery of the state of Delaware in and for county, the Chancellor of the said state has awarded to the said A. B. a writ of injunction to restrain the said E. F., his agents and attorneys from {set forth from the prayer of the Mil or petition the act or proceeding enjoined), such injunction to be issued upon the said A. B.'s giving security as is required by the rules and practice of the Court of Chancery in such cases : Now the condition of the above obligation is such, that if the in- junction so to be issued as aforesaid shall be made perpetual; or if, in case the said injunction shall be dissolved, the said A. B. and C. D., their heirs, executors, or administrators, or any of them, shall there- upon well and truly save and keep harmless and indemnified the said E. F., his heirs, executors, administrators and assigns, of, from and against any and all loss, damage, expense, costs and charges which may or can accrue or happen to him, them, or any of them, from or by reason or in consequence of the awarding of the aforesaid injunc- tion; and if the said A. B., his heirs, executors, or administrators, shall in all things perform and abide by all such decrees or orders as the Chancellor may make in the aforesaid cause, then the above obligation to be void; otherwise to be and remain in full force and virtue., Signed, sealed and delivered (L. S.) in presence of (.L. S.) FLORIDA 3 Form No. 971 (1) RECEIVER'S BOND {Title and Court.) Know all men by these presents, that we, G. H., as principal, and ., as sureties, are held and firmly bound unto the Honorable Governor of the state of Florida, and his successors, for the 3 The above forms are peculiar to the chancery practice of Florida. ^76 EQUITY FORMS office, in the full sum of twenty-five hundred dollars, for the payment whereof well and truly to be made we do by these presents firmly bind ourselves, our heirs, executors, and administrators. Signed and sealed this the day of A. D. 19. .. The condition of the above obligation is such that whereas the above bounden, G. H., was on the day of , 19.., appointed by the Honorable X. Y., Judge of the Circuit Court of the Judicial Circuit of the state of Florida, in chancery sitting, as receiver of the property mentioned and described in the bill of com- plaint filed by the said A. B., in the above entitled cause, and in the schedule attached to the order appointing said receiver; and as such receiver has been authorized and directed to take charge of the said mortgaged property and to conduct and carry on without waste the naval stores, farming and manufacturing business heretofore conducted and carried on by the defendants in said cause as partners doing busi- ness under the firm name and style of L. and J. Now, therefore, if the above bounden G. H. shall faithfully perform and discharge the duties devolved upon him as such receiver, and shall faithfully account for all his acts and deeds as such receiver, when required so to do by order of this Court, then the above obliga- tion shall be null and void, otherwise the same shall be and remain in full force and effect G. H. (Seal.) {Seal.) (Seal.) State of County ( Before me, a notary public in and for said state at large, duly qualified and acting, personally appeared and sev- erally who, being by me first each duly sworn, deposes and says: That he is worth the sum of twenty-five hundred dollars over and above all his debts, liabilities and exemptions in visible property in the state of Florida. Florida 1 70f ....] Sworn to and subscribed before me this day of 19. Notary Public State of Florida at Large. My commission expires 19 . . . Form No. 972 (2) PLAINTIFF'S BOND TO DEFENDANT ON APPOINTMENT OF EECEIVER (Title and Court.) Know all men by these presents, that we, A. B., as principal, and as sureties, are held and firmly bound unto M. H. L. and R. B. J., individually, and as partners doing business under the firm name and style of L. & J., in the full sum of two thousand five hundred dollars, for the payment whereof well and truly we do by these presents bind ourselves, our successors, heirs, executors, and administrators. Signed and sealed this day of , A. D. 19. .. BONDS 877 The condition of the above obligation is such that, whereas, the above bounden A. B. applied on the day of A. D. 19 . ., to the Honorable X. Y., Judge of the Circuit Court of the Judicial Circuit of the state of Florida, in chancery sitting, upon its bill of complaint, filed in the above entitled Court against the above named obligees as defendants, for the appointment of a receiver for the property mentioned in said bill of complaint, and an order has been made by said Court appointing G. H. as receiver of the mortgaged premises and the property mentioned in the said bill of complaint, and the order so appointing the said receiver required that the com- plainant should enter into a bond In the sum of two thousand five hundred dollars conditioned as set forth in said order: Now, therefore, if the said G. H., as receiver as aforesaid, shall perform the duties devolving upon him as such receiver, without waste, and the said A. B. shall hold the said H. M. L. and R. B. J. harmless by reason of any acts or doings of the said receiver, then this obliga- tion shall be void, otherwise shall be and remain in full force and effect. A. B. (.Seal.) (Seal.) {Seal.) {Annex affidavit of surety.) Form No. 973 APPEAL BOND (Title and Court.) Know all men by these presents: That we, C. D. Co., a corporation organized and existing under and by virtue of the laws of the state of Florida, having" its principal place of business in the city of , county, Florida, as principal, and Surety Company, a corporation organized and existing under and by virtue of the laws of the state of , having its principal place of business or head oflBce in the city of and authorized to do business in the state of Florida, as surety, are held and firmly bound unto A. B. Co., a corporation organ- ized and existing under the laws of the state of Florida, and having its principal place of business in the city of county, Florida, in the full sum of twelve thousand dollars ($12,000.00) for the payment of which well and truly to be made we do bind ourselves and our successors, jointly and severally, by these presents. Signed and sealed this the day of , A. D. 19 . . . The condition of the above obligation is such that whereas the defendant, C. D. Co., has this day filed in the above stated cause its entry and notice of appeal to the Supreme Court of the state of Florida from the final decree made and entered in the said cause on the day of A. D. 19..: And whereas, the said entry of appeal has been taken and filed within thirty (30) days of the date of the said decree in accordance with the statute in such case made and provided; Now, therefore, if the above bounden C. D. Co., the defendant in the said cause, shall well and truly pay the amount of the said final 878 EQUITY FORMS decree, made and entered in this cause on the day of 19.., together with all interest and costs of this appeal, if the said final decree shall be affirmed by the Supreme Court of the state of Florida, then this obligation shall be void, else to remain in full force and effect. C, D. Co. By .its {Seal.) Surety Company By , its {Seal.) ILLINOIS 4 Form No. 974 (1) INJUNCTION BOND Know all men by these presents, that we, A. B. and N. S. C, of the county of Cook and state of Illinois, are held and firmly bound unto J. E. G., of Chicago, in the county and state aforesaid, in the sum of one thousand dollars, to be paid the said J. E. G., his executors, ad- ministrators or assigns, for which payment well and truly to be made, we bind ourselves, jointly and severally, and our respective heirs, executors and administrators, firmly by these presents. Sealed with our seals, and dated this 21st day of March, A. D. 19. .. Whereas, the above bounden A. B. has filed his bill of complaint in the Superior Court of Cook county and state of Illinois against the above named J. E. G. et al., praying among other things for an in- junction to restrain the above named defendant from conveying, or attempting to convey in any manner, by himself, his agents or attor- neys, his present title or interest in and to certain property in the city of Chicago, being described as follows: (etc.) And whereas said Court has allowed an injunction for that purpose according to the prayer of said bill, upon the said A. B., giving bond and security as provided by law: Now, therefore, the condition of the above obligation is such, that if the above bounden, A. B. and N. S. C, their executors or adminis- trators, or any of them, shall and do well and truly pay, or cause to be paid to the said J. E. G., his heirs, executors, administrators or assigns, all such costs and damages as shall be awarded to any one or more of said defendants, jointly or severally, against the said com- plainant, A. B., in case the said injunction shall be dissolved, then the above obligation to be void; otherwise to remain in full force and virtue. Approved by A. B. (Seal.) C. v., Judge. N. S. C. (Seal.) Form No. 975 (2) EECEIVBE'S BOND Know all men by these presents, that we, A. B., as principal, and N. S. Co., as surety, all of the county of Cook, and state of Illinois, are held and firmly bound unto the people of the state of Illinois, in * The above forms are peculiar to the chancery practice of Illinois. BONDS 879 the sum of ten thousand dollars ($10,000.00), for the payment of which sum well and truly to be made, we and each of us bind ourselves, jointly and severally, and our respective heirs, executors and admin- istrators, firmly by these presents. Signed, sealed and dated the 21st day of February, 19 . . . The condition of the above obligation is such, that whereas by an order of the Superior Court of Cook county sitting in chancery, made on the 19th day of February, 19.., in a cause therein pending, wherein J. E. G. is complainant, and C. E. S. and R. E. D. are defendants, it was among other things ordered, that the above bounden A. B. be appointed receiver of all the property, equitable interests, things in action, and effects of the defendant, C. E. S., except such as are by law exempt, and that he be vested with all the rights and powers of a receiver in chancery upon his filing a bond for the faithful perform- ance of his duties, in the penal sum of ten thousand dollars ($10,000.00), and the approval thereof. Now, therefore, if the said A. B. shall duly account for what shall come to his hands or control as such receiver, and pay and apply the same, from time to time, as he may be directed by said Court, and obey such orders as said Court may make in relation to said trust, and in all respects faithfully discharge the duties of said trust, then the above obligation to be void, otherwise to remain in full force and virtue. Approved: A. B. (Seal.) C. v.. Clerk of said Court. N. S. Co. (Seal.) (Seal.) MAINE 5 Form No. 976 (1) STATUTORY BOND FOR INJUNCTION Know all men by these presents, that we, A. B., as principal, and and as sureties, of in the county of , and state of Maine, are holden and stand firmly bound and obliged unto C. D. and , of said in the full and just sum of one thousand dollars to be paid unto the said C. D., his execu- tors, administrators, or assigns: To the which payment well and truly to be made we bind ourselves, our heirs, executors and admin- istrators, firmly by these presents. Sealed with our seals. Dated the day of , in the year of our Lord nineteen hundred The condition of this obligation is such, that, whereas the said A. B. has this day filed a bill in efiuity in the Supreme Judicial Court for the county of against said C. D., praying for a temporary injunction as therein specified. Now, therefore, if the said obligor shall pay all damages and costs caused by issuing said temporary injunction, if said A. B. is finally found not entitled thereto, unless a single justice on motion to dissolve the same and hearing on the merits thereof refuses to dissolve it, then 5 The above forms are peculiar to the chancery practice of Maine. 880 EQUITY FORMS this obligation shall be void, otherwise it shall remain in full force and virtue. Signed, sealed and delivered (Seal.) in presence of {Seal.} {Seal.) Form No. 977 (2) EECEIVEE'S BOND Know all men by these presents, that we, G. H., of in the coimty of and state of , as principal, and and of said , as sureties, are holden and stand firmly bound unto of said , Clerk of the Supreme Judicial Court for said county of and unto his successors In said office, for the benefit of whomsoever it may concern, in the sum of dollars, to be paid to the said as clerk or his suc- cessors in said office: To the which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with our seals. Dated the day of in the year of our Lord nineteen hundred and The condition of the above obligation is such, that whereas said G. H. was duly appointed receiver of the C. D. Co. by this Court on the day of , A. D. 19. ., under bill in equity brought by against said , as by the records of said Court appears; Now, therefore, if the said G. H. shall well and truly perform all his duties as such receiver, faithfully account for all moneys and other property by him received as such receiver and obey all orders and decrees of Court made in the premises, then this obligation shall be void, otherwise it shall remain in full force and virtue. Signed, sealed and delivered G. H. (Seal.) in presence of (Seal.) (Seal.) Form No. 978 (3) CONDITION OF NE EXEAT BAIL BOND (The iond should run to plaintiff and follow regular form as far as condition.) The condition of this obligation is such, that whereas the above bounden (naming defendant) has been arrested on a writ of ne exeat republica in favor of (plaintiff) against the said (defendant) dated the day of and issued by order of Court upon appli- cation of said (plaintiff) in a suit in equity commenced by him against said defendant in the Supreme Judicial Court for the county of , on the day of , 19..: Now, therefore, if the said (defendant) shall abide the final decree of this Court in said suit, then this obligation shall be void, otherwise, it shall remain in full force. BONDS 881 Form No. 979 (4) CONDITION OF BAIL BOND ON ARREST FOR CONTEMPT OF DECREE (Bond should run to sheriff and follow regular form as far as con- dition.) The condition of this obligation is such that whereas the above bounden (defendant) has been arrested on a writ of attachment dated the day of 19 . . , and issued against said (defendant) by order of the Supreme Judicial Court within and for the county of upon complaint of (plaintiff) for contempt of a decree of said Court rendered in favor of said (plaintiff) : Now, therefore, if the said (defendant) shall appear before said Court on the day of , 19 . . , and abide the orders of said Court, then this obligation shall be void, otherwise, it shall remain in full force. MARYLAND « Form No. 980 (1) INJUNCTION BOND Know all men by these presents, that we, D. H. and K. D., of Howard county, and W. B. B., of Anne Arundel county and state of Maryland, are held and firmly bound unto the state of Maryland in the full and just sum of five thousand dollars, current money to be paid to the said state of Maryland or its certain attorney, to which payment, well and truly to be made and done, we bind ourselves, and each of us, our and each of our heirs, executors and administrators, jointly and sev- erally, firmly by these presents, sealed with our seals and dated this day of in the year of our Lord one thousand nine hundred and ; (a) Whereas, by an order of the Circuit Court of Baltimore City, passed in a cause wherein the said D. H. is plaintiff and M. A. K. de- fendant, an injunction is about to issue to restrain the said defendant, as prayed in the bill in said cause exhibited, upon the plaintiff filing a bond with security in the above penalty. Now the condition of the above obligation is such, that if the said plaintiff shall and do prosecute the said writ of injunction with effect, and indemnify and save harmless the said defendant, if the same be not prosecuted with effect, and in such cases pay all costs and damages that may be occasioned by the issuing thereof, unless the said Court shall decree to the contrary, and shall in all things obey, abide by, perform and fulfill such decree and order as shall be made In the premises, then the above obligation to be void, otherwise of full force and virtue. Signed, sealed and delivered (Seal.) in the presence of (Seal.) (Seal.) I believe the within bond suflBcIent and approve it. X. Y., Clerk. 6 The above forms are peculiar to the chancery practice of Maryland. 882 EQUITY FORMS Form No. 981 (2) BECEIVKB'S BOND {Proceed as in Form No. 980 to (a), and then as follows:) Whereas, by an order of the Circuit Court of Baltimore City, bear- ing date on the day of , 19. ., and passed in a cause in said Court wherein a certain A. B. is plaintiff, and C. D. and E. F. are defendants, the above bounden G. H. has been appointed receiver, with the power and authority to take charge and possession of the goods, wares and merchandise, books, papers and effects of, or belong- ing to, the said firm of B. D. and Company, and to collect the out- standing debts due to said firm. Now the condition of the above obligation is such, that if the above bounden D. B. do and shall well and faithfully perform the trust re- posed in him by said order, or that may be reposed in him by any future order or decree in the premises, then the above obligation to be void, otherwise to remain in full force and virtue in law. Test: (Seal.) (Seal.) (Seal.) MASSACHUSETTS Form No. 982 (1) INJUNCTION BOND BY DEFENDANT ON COUET'S EEFTJSING INJUNCTION 7 Know all men by these presents that we, C. D., of and Surety Company, a corporation duly organized under the laws of the state of and having a usual place of business in as surety, are holden and stand firmly bound and obliged unto A. B., of in the full sum of five hundred dollars to be paid unto the said A. B., his executors, administrators, successors or assigns to which payment well and truly to be made we bind our- selves, our heirs, executors, administrators, successors or assigns jointly and severally firmly by these presents. Sealed with our seals and dated this day of In the year of our Lord nineteen hundred The condition of the obligation is such that whereas said A. B. has filed a bill in equity in the Superior Court for the county of Suffolk wherein the said A. B. is plaintiff and the said C. D. is defendant, said suit in equity being numbered 7694 equity on the docket of said Court and the subpoena therein being returnable November 7th, 19 . . . And whereas in the said suit the said A. B. prayed for an inter- locutory decree of injunction against the said C. D. And whereas the said C. D. opposed such prayer and the Court has denied the same on said C. D.'s agreeing to file a bond. Now, therefore, if the above bounden C. D. shall pay to the plaintiff in said suit the amount of any decree for damages and costs that he may recover therein against the said C. D. within thirty days after 7 The above forms are peculiar to the chancery practice of Massa- chusetts. BONDS 883 the entry of any such decree then the above written obligation shall be null and void, otherwise will remain in full force and virtue. (Seal.) ,. (Seal.) Form No. 983 (2) BECEIVEB'S BOND Know all Ken by these presents: That we, G. H., as principal, and Surety Company of ; , a corporation duly established under the laws of the state of and having a usual place of business in Boston In the county of Suffolk and commonwealth of Massachusetts, as surety, are bolden and stand firmly bound unto the said commonwealth in the sum of five thousand dollars (f 5,000), to the payment of which to the said commonwealth we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.'^ The condition of this obligation is such that whereas the said G. H. has been duly appointed by the Superior Court receiver of the C. D. Company, Now, therefore, if the said G. H. shall faithfully conduct himself in the said office, and shall' faithfully perform and discharge all the duties of said office as required by law, and in obedience "to the direc- tions of said Court, then this obligation shall be void; otherwise it shall be and remain in full force and virtue. In witness whereof, we have hereunto set our hands and seals this day of ,19... (Seal.) (Seal.) SUPERIOR COURT. Suffolk, ss: Boston 19... The foregoing bond is approved by the Court. Attest: X. Y., Ass't Clerk. NEW HAMPSHIRE » Form No. 984 (1) INJUNCTION BOND Know all men by these presents, that A. B. Co., a corporation duly organized by law, as principal, and the Surety Company, a corporation duly organized by law, as surety, are held and firmly bound unto C. D., of , in said county, in the sum of one thousand dollars, to the payment of which they bind themselves, their successors and assigns firmly by these presents. The condition of the above obligation is such that whereas the said A. B. Co. has filed a bill in equity in said Court, on the day of 19 . . , and has filed a petition for an injunction re- straining the said C. D. from further engaging in the business of casualty insurance and all other business similar to that in which he 7a Mass. P. L. of 1917 — chap. 32, provides that receiver's bond shall run to the Commonwealth of Massachusetts. 8 The above forms are peculiar to the chancery practice of New Hampshire. 884 EQUITY FORMS was engaged prior to , 19.., except for and in behalf and in the employment of the plaintiff, and the injunction prayed for having been granted as appears of record; now, if the said A. B. Ca shall abide the decision of said Court and pay all damages and costs which shall be adjudged against it on account of the issuing of said injunc- tion, then this obligation shall be null, void and of no effect; otherwise to remain in full force. In witness whereof the said parties have set their hands and seals by their respective agents thereunto duly authorized, this day of .19... (L. S.) (.L. S.) Form No. 985 (2) FEBMANHNT BECEIVEB'S BOND Know all men by these presents that we, G. H., of in said county, as principal, and and , both of said as sureties, are holden and stand firmly botmd unto X. Y., Esq., Clerk of the Superior Court within and for said county, and his successors in office, in the penal sum of two thousand dollars, to the payment whereof well and truly to be made to the said clerk and his successors, for the benefit of whom it may concern, we hereby bind ourselves and our respective heirs, executors and administrators jointly and severally firmly by these presents. The condition of this obligation is that whereas the said G. H. has been appointed permanent receiver in the above entitled cause to manage and sell five parcel's of real estate in described in the plaintiff's petition in said cause; now, therefore, if the said G. H. shall faithfully discharge the duties of such receivership, account for all moneys received by him by virtue thereof and obey all orders of the Court therein, then this obligation shall be void, otherwise the same shall remain in full force and virtue. Witness our hands and seals this day of , 19 . . . Signed, sealed and delivered (.L. S.) in the presence of (L. 8.) (L. S.) NEW JERSEYS Form No. 986 (1) INJUNCTION BOND Know all men by these presents, that A. B. (and sureties, if required) is held and firmly bound unto C. D. (the defendant) in the sum of dollars (f ) lawful money of the United States, to be paid to the said C. D., his executors, administrators or assigns, for which payment well and truly to be made I bind myself, my heirs, executors and administrators firmly by these presents. Sealed with my seal and dated the day of A. D. 19... The condition of the above obligation is such, that, whereas in a 9 The above forms are peculiar to the chancery practice of New Jersey. BONDS 885 certain cause in the Court of Chancery of New Jersey, wherein the above bounden A. B. is complainant and the above C. D. is defendant, an order has been this day made that an injunction do issue on the application of the said A. B. against the said C. D. Now therefore, if the said A. B. shall pay to the said C. D. such damages as he may sustain by reason of said injunction (such dam- ages to be ascertained in such manner as the Chancellor shall direct), and if the said Court of Chancery shall eventually decide that the said A. B. was not equitably entitled to such injunction, then this obligation to be void; otherwise, to remain in full force and effect. Signed, sealed and delivered {Seal) In the presence of (Seal) (Seal) Form No. 987 (2) EECEIVEE'S BOND Know all men by these presents, that we, G. H., of , and the Surety Company of New York, a corporation organized and existing under the laws of the state of New York, and authorized to do business in the state of New Jersey, by virtue of the laws thereof, are held and firmly bound unto the Chancellor of the state of New Jersey In the sum of dollars, lawful money of the United States of America, to be paid to the said Chancellor of the state of New Jersey, and his successors in office, to which payment well and truly to be made, we bind ourselves, the said G. H. for himself, his heirs, executors, administrators and assigns, and the said Surety Company of New York, for itself, its successors and assigns, jointly and severally, firmly by these presents. In witness whereof, the said G. H. has hereunto set his hand and seal, and the said Surety Company of New York has caused this bond to be signed by its and its , and its cor- porate seal to be hereto affixed this day of , A. D. nineteen hundred and Whereas by an order of the Court of Chancery of New Jersey, bearing date the day of , 19 . . , in a cause depending in said Court, wherein A. B. of is complainant and C. D. Co. is defendant, the said G. H. was appointed receiver for the creditors and stockholders of the defendant corporation in said cause. Now therefore, the condition of the above obligation is such that if the said G. H. shall as required by law and the rules and practice of said Court, duly file an inventory, and half yearly or oftener if required, duly account for what he shall receive or have in charge as such receiver, and pay and apply what he shall so receive or have in charge as he may from time to time be directed by said Court, and by such orders as said Court may from time to time make in relation to said trust and in all things well and truly fulfill and discharge the duties of said office of receiver, then the above obligation to be void, otherwise to remain in full force and virtue. Signed, sealed and delivered G. H. (Seal) in the presence of Surety Company of New York. By (Seal) Attest : 886 EQUITY FORMS PENNSYLVANIA i«> Form Ko. 988 (1) INJUNCTION BOND Know all men by these presents, tBat we, A. B., plaintiff and , surety, are held and firmly bound unto C. D., defendant, in the sum of dollars to be paid to the said defendant, his suc- cessors or assignees, executors or administrators; to which payment, well and truly to be made, we bind ourselves, and each of us, our and each of our heirs, executors and administrators, firmly by these pres- ents. Sealed with our seals. Dated the - day of A. D. 19... Whereas the said plaiutiff, A. B., filed a bUl of complaint in the Court of Common Pleas, No for the county of Philadelphia, to Term, 19 . . , No against the said defendant, pray- ing inter alia for an injimction to restrain the said defendant, his agents, employees or servants as therein particularly set forth, which said injunction was duly granted by the said Court on the entering of security in the above mentioned sum; Now, the condition of this obligation is such, that if the said obligors, plaintiff and surety, shall indemnify the said defendant for all damages which may be sustained by reason of said Injunction, then this obligation to be void, otherwise it is to remain in full force and virtue. Sealed and delivered (I/. S.) in the presence of (L. S.) {L. 8.) Form No. 989 (2) RECEIVEB'S BOND Know all men by these presents, that we, G. H., receiver, and the R. S. Fidelity and Guaranty Company of Philadelphia, Pa., are held and firmly bound imto the commonwealth of Pennsylvania in the sum of five thousand dollars, lawful money of the United States, to be paid to said commonwealth, its certain attorneys or assigns; to which pay- ment well and truly to be made, we do bind and oblige ourselves, our heirs, executors or administrators and assigns, jointly and severally by these presents. Sealed with our seals, dated the day of A. D. nineteen hundred and , (19. . ). Whereas, the Court of Common Pleas No for the county of on the day of A. D. 19.., appointed the said G. H., receiver of all the assets, property, franchises, rights and privileges of whatsoever kind, of the said B. Company, defendant, within the jurisdiction of said Court, with power to take, hold, demand, receive and collect all the funds, assets, and property belonging to defendant, or in the hands of any debtor, agent, or depository of said defendant and to account to the Court for the same, and any debtor, agent, or depository of said defendant, as well as the defendant itself, 10 The above forms are peculiar to the chancery practice of Penn- sylvania. BONDS 887 Is hereby directed to forthwith pay, deliver, and assign all money, securities, assets and property of every kind whatsoever to said re- ceiver, security to be entered in the sum of $5,000 and the said com- pany having been approved as surety. Now the condition of this obligation is such, that if the above bounden G. H., receiver as aforesaid, shall well and faithfully execute the said trust in all legal respects then this instrument to be void, otherwise to remain in full force. Sealed and delivered in the presence of G. H. (L. 8.) M. N. {Surety's attest.) (L. 8.) RHODE ISLAND 11 Form No. 990 (1) INJUNCTION BOND Know all men by these presents, that we, L. P., of the city and county of Providence and state of Rhode Island, as principal, and the ... I Company of Maryland, a corporation duly organized under the laws of the state of Maryland, having an office and s^ttorney and agents and lawfully doing business in the state of Rhode Island, as surety, are held and firmly bound unto R. I. of said Providence, in the sum of lawful money of the United States, for the pay- ment of which well and truly to be made, we jointly and severally bind ourselves, our heirs, executors and administrators, successors and assigns by these presents. Witness our hands and seals at Providence, this day of 19... The condition of this obligation is such, that whereas the afore- mentioned R. I. has shut off the water supply of Pawtucket water from the premises now leased and occupied by the above bound L. P. and situated at the corner of and streets in said Providence, and whereas a Justice of the Superior Court of said state, has granted an injunction against the said R. I. restraining him from further depriving the said , L. P. of the said water supply, and from interfering with his use and enjoyment of the same, and whereas by an action now pending in the said Superior Court, the question at issue is tlie respective liability of the said L. P. and the said R. I. to pay for the said water supply heretofore used by the said L. P. on the said premises leased by him as aforesaid. Now therefore, if the said L. P. on the final decision of the said action at law, shall pay to the said R. I. the amount due to him, the said R. I., according to the said decision as aforesaid, the amount due for water used by the said L. P. from the date hereof, then, and if the said decision exonerates him, the said L. P., from the liability to pay 11 The above forms are peculiar to the chancery practice of Rhode Island. 888 EQUITY FORMS for the said water, the above obligation is to be void, otherwise to be and remain in full force and virtue. Executed and delivered L. P. (L. 8.) in presence of Company of Maryland. By Attorney, and Member of Local Board. Attest: CompEiny of Maryland. (Z/. jS.) Res. Mgrs., by Attorney. Approved: (Signature of Justice and datei.) Form No. 991 (2) RECEIVER'S BOND Know all men by these presents: That we, C. F. S., of the city and county of Providence, and state of Rhode Island, as principal, and the A. Surety Company of New York, a corporation duly created and also licensed to do business in said state of Rhode Island as surety, are held and firmly bound unto as clerk of the Superior Court in Providence, and his suc- cessors in said ofiBce in the sum of lawful money of the United States, to be paid to the said as clerk of the Superior Court in Providence, and his successors in said office for which payment well and truly to be made the said C. F. S. binds himself and his heirs, executors, and administrators, and the said company binds itself and its successors and assigns jointly and severally firmly by these presents. Sealed with our seals, and dated this 21st day of , 19 . . . Whereas by a decree entered by the Superior Court of the state of Rhode Island on the 19. ., the above named C. F. S. was duly appointed receiver of the Bank of Providence, Rhode Island. Now the condition of this obligation is such, that if the said C. F. S. shall faithfully discharge the duties of his said trust as such receiver, then this obligation shall be void, otherwise to be and remain in full force and effect. Signed, sealed and delivered C. F. S. (L. S.) in presence of A. Surety Co. of New York, By Resident Vice Pres. (L. S.) Attest: , Resident Asst. Sec. Approved: (Signature of Justice.) VERMONT 12 Form No. 992 (1) INJUNCTION BOND (Title as in an original tiill.) Know all men by these presents, that I, A. B., of in the county of and state of Vermont, as principal, and of , in the county of and state of Vermont, as surety, are held and firmly bound unto C. D. of in the county of 12 The above forms are peculiar to the chancery practice of Vermont. BONDS 889 and state of Vermont in the penal sum of hundred dollars, for the payment of which sum, well and truly to be made to the said C. D., his heirs, attorneys, executors, administrators or assigns, we bind ourselves and our heirs, executors and administrators firmly by these presents. Signed with our hands and sealed with our seals, and dated this day of A. D. 19... Whereas, the complainant, A. B., in the above entitled suit, has filed his bill in chancery against the defendant, C. D., in the cause aforesaid, therein praying for an injunction: Now, therefore, the condition of the foregoing obligation is such that if the complainant, A. B., aforesaid, shall well and truly pay, or cause to be paid, to the defendant, C. D., aforesaid such damages as the said defendant, C. D., may sustain by reason of said injunction, if the Court shall eventually decide that the complainant was not equitably entitled thereto, such damages to be ascertained by reference to a master, or otherwise as the Court shall direct, then this obligation shall be void, otherwise the same shall be and remain in full force and virtue. In the presence of A. B. (L. 8.) (L. S.) Form No. 993 (2) BEOEIVEB'S BOND (Title and Court.) Know all men by these presents, that I, G. H., as principal, and and as sureties, are held and firmly bound unto the Honorable Court of Chancery of Caledonia county in the penal sum of five thousand dollars for the payment of which sum well and truly to be paid we each bind himself, his heirs, executors and administrators firmly by these presents. Signed with our hands and sealed with our seals the day of 19... The obligation of this bond is as follows: The said G. H. has been appointed a receiver of the R. Insurance Company in a suit against it and others and in favor of C. R., assignee, and others. Now, if the said G. H. shall in all things obey the orders of the Court and faith- fully perform all duties of the office of such receiver, then this obliga- tion is to be void, otherwise of full force. In the presence of G. H. (L. 8.) (L. 8.) (L. 8.) VIRGINIA 13 Form No. 994 (1) INJUNCTION BOND Know all men by these presents, that we, A. B., of , as prin- cipal and of and of as sureties, 13 The above forms are peculiar to the chancery practice of Virginia. 890 EQUITY FORMS are held and firmly bound unto the commonwealth of Virginia in the just and full sum of dollars to the payment whereof weU and truly to be made to the said commonwealth, we bind ourselves and each of us, our and each of our heirs, executors and administrators, jointly and severally, firmly by these presents, and we hereby waive the benefit of our exemption as to this obligation, and we also waive any claim or right to discharge any liability of the commonwealth of Virginia arising under this bond, or by virtue of the office, post or trust below mentioned, with coupons detached from bonds of the state of Virginia. Sealed with our seals and dated this day of in the year one thousand nine hundred and and in the of the commonwealth. The condition of the above obligation is such, that whereas in a suit in the Court of Law and Equity of the city of Richmond, between A. B., plaintiff, and C. D., defendant, there has been awarded to the said plaintiff by the Judge of the said Court an injunction to enjoin and restrain (here summarize terms of the injunction), until the fur- ther order of the said Court And whereas it is provided by the order of the said Judge, awarding the said injunction, that the plaintiff shall not have the benefit thereof, until he or some one for him, shall enter into a bond with good security, in the clerk's office of the said Court, payable to the commonwealth of Virginia, in the penalty of dollars, and conditioned to pay said C. D. all such costs as may be awarded against the said plaintiff, and all such damages as shaU be incurred in case the said injunction be dissolved. Now, therefore, if the said A. B. shall {insert conditions) and shall pay all such costs as may be awarded against him and all such damages as shall be incurred in case the said injunction be dissolved then the above obligation is to be void, otherwise to remain in full force. Executed in presence of A. B. (Seal) (Seal) (Seal) VIRGINIA: In the clerk's office of the Court of Law and Equity of the city of Richmond 19... The above bond was this day acknowledged before me, X. Y., clerk of the said Court, in my office aforesaid by all the obligors thereon; and the said surety justified on oath as to his sufficiency to the same, whereupon the said bond is admitted to record. X Y., Clerk. Form No. 995 (2) BECEIVIS'S BOND Kjiow all men by these presents, that we, G. H. of as principal, and of and of as sure- ties, are held and firmly bound unto the Commonwealth of Virginia in the sum of dollars, to the payment whereof we bind ourselves, our heirs and personal representatives, jointly and severally firmly by these presents. Witness our hands and seals, this day of 19 . . . We hereby waive our homestead exemption as to this BONDS 891 obligation, and also waive any claim, right or privilege to discharge any liability arising under this bond in any currency, funds, counter claims, or offsets other than legal tender currency of the United States. The condition of the above obligation is such, that whereas the said Gr. H. was duly appointed receiver of the C. D. Co. by this Court on the 7th day of November, 19.., under bill in equity brought by A. B. against said C. D. Co., as by the records of said Court appears; Now, therefore, if the said G. H. shall well and truly perform all his duties as such receiver, faithfully account for all moneys and other property by him received as such receiver and obey all orders and decrees of Court made in the premises, then this obligation to be void, otherwise to remain in full force and virtue. Executed in the presence of G. H. (Seal) X.Y., Clerk. (Seal) justified on oath, before me, X. Y., clerk of the Circuit Court of the city of Richmond, in my office, as to the sufficiency of his estate as security to the above bond; this, the day of 19... X. Y., Clerk. WEST VIRGINIA" Form No. 996 (1) INJUNCTION BOND Know all men by these presents, that we, J. W. W. and J. M. L., are held and firmly bound unto the state of West Virginia in the just and full sum of dollars, to the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors and adminis- trators, jointly and severally, firmly by these presents. Sealed with our seals and dated this the day of , 19. .. The condition of the above obligation is such that, whereas, the above bound J. W. W. has obtained from I. C. H., Judge of the Circuit Court of county, an injunction enjoining, restraining and inhibiting the W. M. R. Company, a corporation, its agents, servants, employees and attorneys from cutting and removing any of the timber standing upon the land described in the said plaintiff's bill, and from removing any of the timber which may have been cut upon said lands, mentioned and described in plaintiff's bill until the further order of the Circuit Court of county, or the Judge thereof in vacation. Now, therefore, if the said J. W. W. shall well and truly pay all such costs as may be awarded against him, and all such damages as shall be incurred in case said injunction shall be dissolved, then this obligation is to be void, else to remain in full force and virtue. J. W. W. {Seal) J. M. L. (Seal) Signed, sealed and acknowledged before and approved by me this day of ,19... W. B. P., Clerk Circuit Court. i*The above forms are peculiar to the chancery practice of West Virginia. 892 EQUITY FORMS Form No. 997 (2) RECEIVEB'S EOND State of West Virginia, McDowell County, to-wit: Know all men by these presents, that we, W. W. H., and the United States F. & G. Company, are held and firmly bound unto the State of West Virginia in the sum of dollars, to the payment whereof well and truly to be made, we bind ourselves, our heirs, exe- cutors and administrators, and successors, jointly, severally and firmly by these presents. Sealed with our seals, and dated this day of , 19... The condition of the above obligation is such that whereas in a certain suit in chancery now pending in the Circuit Court of county. West Virginia, wherein the W. L. Company, a corporation, is plaintiff, and B. R. M., trading as the P. L. Company, is defendant, said Court by its order of 19 . . , appointed the said W. W. H. as special receiver to receive and wind up the affairs of the P. L. Com- pany as set forth and described in the order and proceedings in said cause. Now, therefore, if the said W. W. H., special receiver as aforesaid, shall faithfully discharge his said duties as special receiver in the cause aforesaid, and shall well and truly pay over and account for all moneys which may come into his hands by virtue of the said office as special receiver, and by virtue and in pursuance of the decree afore- said, or in pursuance of any subsequent decree entered in said cause, then this obligation shall be void, else to remain in full force and virtue. W. W. H. (.Seal) (Seal) The U. S. F. & G. Company, By J. A. S., Atty.-in-fact. State of West Virginia, McDowell County, to-wit: I, W. B. P., clerk of the Circuit Court of county, do certify that J. A. S. this day personally appeared before me in my said office in said county of , and being by the first duly sworn, did depose and say that he is attorney in fact for the U. S. F. & G. Com- pany, a corporation of the State of Maryland, the corporation described in the foregoing writing, bearing date on the day of 19. ., and that he is duly authorized by said corporation to execute and acknowledge deeds and other writings on behalf of said corporation, and that the said seal affixed to the said writing is the corporate seal of the said corporation, and that said writing was signed and sealed by him on behalf of said corporation by its authority duly given. And I do further certify that the said J. A. S. acknowledged the said writing to be the act and deed of said corporation and on behalf of said corporation. And I do further certify that W. W. H., whose name is signed to the foregoing writing did acknowledge the said writing before me in my said office, on this day of , 19 . . . And said bond is approved by me as sufficient. Given under my hand this day of , 19 . . . W. B. P., Clerk. .CHAPTER XXXIV REPOETS OF MASTEES AND EECEIVEES ILLINOIS 1 Form No. 998 (1) MASTER'S REPORT (.Title and Court.) I, G. M. R., one of the Masters in Chancery of said Court, to whom by order entered in the above entitled cause the issues made under said cross-bill, were referred, with directions to take evidence and report same, together with my conclusions thereon, do now report as follows: The solicitors representing the various parties met at my office at different times pursuant to notice and adjournments, and evidence was taken and stipulations entered into as shown by the transcript and stipulations herewith returned, as a part of this report, and from said evidence and stipulations, I find that the facts are as shown by the said stipulations attached hereto, except where inconsistent with the fol- lowing findings: I further find that {here follow with the findings'). I find there is due on account of said note and trust deed the sum of $1,619.00 made up as follows: (Statement of account.) I therefore, recommend that a decree be entered herein in accord- ance with the prayer of the cross-bill of said J. A. S. and the foregoing findings. (Date.) Respectfully submitted, G. M. R., Master in Chancery, Circuit Court of Cook County, Illinois. Form No. 999 (2) RECEIVER'S REPORT (Title and Court.) The undersigned, D. D. H., receiver of the B. of A., represents the following as a second account of his acts and doings as such receiver, from the date of his last report filed herein, to June 31, 19. .. 1 Master's report in Peacock vs. Phillips, 247 111. 467. ,The above forms, although obtained from the practice of Illinois, are available for use in general chancery practice. 893L 894 Sale of bonds Unpaid notes, (Disc.) EQUITY FORMS RECEIPTS Received Loss in realization,* Balance due at date of last report Paid Balance stiU due Names: Payments to STOCK CANCELED Paid EXPENSES Due Amount RECAPITULATION Receipts: Balance on hand per last report, etc., |. Disbursements : DIVIDEND PAID ON CERTIFICATES OF BANK OF A. BY DECREE OF COURT Certificate No. Name Amount (Date.) (Affidavit) D. D. H., Receiver. MAINE 2 Form No. 1000 (1) MASTER'S BEPOBT (Title and Court.) MASTER'S REPORT Pursuant to the order of reference in said cause, and upon applica- tion of the plaintiff (or defendant), I assigned the day of 19 . . , at A. M., at Portland, Maine, as the time and place for a hearing before me, and at the request of the (naming the party o'btaining the reference) , I issued a summons to the adverse party, C. D., to appear at said time and place and make proof of the matters referred; (or if the parties attend hy agreement without sum.mons, so state), at which time and place the said parties appeared and a hearing was had (state the adjourned hearings, if any), and evidence introduced, and, upon consideration thereof, I find as follows: 1. (Setting forth the findings in distinct paragraphs numbered seriatim.) (Date.) G. H., Master. 2 The above forms, although obtained from the practice of Maine, are available for use in general chancery practice. REPORTS OF MASTERS AND RECEIVERS 895 Form No. 1001 (2) BECEIVES'S BEPOBT OB ACCOUNT (Title and' Court.) RECEIVER'S REPORT. G. H., receiver in the above entitled cause, herewith makes report of his doings therein as follows: (Herein insert statement of acts done by receiver and account of receipts arud disbursements, as the case may be.} Dated this day of 19. .. G. H., Receiver. MARYLAND s Form No. 1002 MASTEB'S BEFOBT OF SALE (Title and Court.) To the Honorable Judge of the Circuit Court of Baltimore City: The report of sale of G. H., trustee, appointed by the decree in the above entitled cause, to make sale of (description). In the proceedings in said cause mentioned, respectfully shows, that after giving bond with security for the faithful discharge of his trust as prescribed by said decree, which was duly approved, and having given notice of the time, place, manner and terms of sale, by advertisements Inserted In (names of papers), daily newspapers published in Baltimore city for more than three successive weeks preceding the day of sale, sai(^ trustee did pursuant to said notice on , the day of 19. ., at o'clock, . . M., attend on the premises and then and there sold (describe terms of sale). (Date.) G. H. State of Maryland City of Baltimore, set. I hereby certify, that on this day of 19. ., before me, the subscriber, a Justice of the Peace of the state of Maryland, in and for the city of Baltimore aforesaid, personally appeared G. H., trustee, and made oath that the facts stated in the foregoing report of sale are true, as therein set forth, and that the sale thereby reported was fairly made. MASSACHUSETTS * Form No. 1003 (1) BECEIVEB'S FIRST BEFOBT (Title and Court.) To the Honorable, the Justices of the Superior Court holden at Boston, within and for the County of Suffolk. i I respectfully represent and report that on the twenty-flrst day of May, 19 . . , I was duly appointed receiver in the above entitled action 3 The above form, although obtained from the practice of Maryland, is available for use in general chancery practice. * The above forms, although obtained from the practice of Massa- chusetts, are available for use in general chancery practice. 896 EQUITY FORMS and forthwith on the same day filed my hond in the sum of $ and tooli possession of the stock and fixtures belonging to the estate, situate at subject to attachments in favor of B. W. H. Co. and N. Y. L. Co., and on the twenty-third day of May, 19.., under an agreement with attaching creditors, all of such attachments were discharged. I also took possession of the books, papers and other assets. The stock and merchandise consisted of general mill supplies. After taking an inventory which showed (insert amount of inventory), I attempted to sell the entire stock and fixtures at private sale, but failing to receive any offer which I considered satisfactory, I adver- tised and sold the stock and fixtures at public auction commencing said auction sale on the twenty-third day of June, 19. ., and continuing the sale until the entire stock was disposed of. I have received and now hold on deposit in bank from the net proceeds of the sale of attached property the sum of $1,592.60, a de- tailed statement of which is hereto annexed marked "A. ' I have also collected by suits and otherwise from bills receivable and other sources and now have on deposit in banks as net proceeds of such collections, the sum of $5,742.55 making the total amount now in my hands on deposit $7,335.15 as will appear from the statement hereto annexed marked "B." There are bills receivable still uncollected, as shown upon the books amounting to $4,004.74 of uncertain value. The liabilities appear to be about $12,638.42. Wherefore your receiver prays that he may be further instructed as to the disposition of the fund now in his hands, as to notifying creditors to prove their claims on or before a day certain, and as to the allowance and payment of said claims. (Date.) Respectfully submitted, G. H., Receiver. Form No. 1004 (2) EECEIVEE'S FINAL EEPORT (Title and Court.) And now comes the said receiver and says that pursuant to the decree entered in said cause on the 21st day of December, 19. ., he has paid (mention distursements) , the said sums being ordered to be paid by the Court. The said receiver represents that all liabilities incurred by him in the prosecution of the partnership business have been paid; that all property coming into his hands as receiver has been sold and that all moneys received by him have been disbursed as said receiver or paid pursuant to the order of the Court and that no moneys or other property of the partnership now remain in his hands. Wherefore he prays that he be discharged. (Date.) G. H., Receiver. Form No. 1005 (3) MASTER'S EEPOET (Title and Court.) The above entitled action was referred to the undersigned G. H. as master. The undersigned had submitted to him the answers to certain inter- rogatories filed by the complainant and oral testimony in support of the allegations contained in the cross bill of complaint filed by the defendant, B., and respectfully reports to the Court as follows: EEPORTS OP MASTEKS AND RECEIVERS 897 (Here follow the facts found.) I will add that no objections up to the time of the filing of this report have been offered to the same by counsel on either side. (Date.) Respectfully submitted, G. H., Master. NEW HAMPSHIRE ^ Form No. 1006 (1) RECEIVER'S ACCOUNT (Title and Court.) A. B., receiver, in the above proceeding, accounts for his receipts and disbursements therein as follows: (Here follows account.) (Date.) G. H. Form No. 1007 (2) MASTER'S REPORT (Title and Court.) The master, under the appointment of the annexed commission, having been duly sworn, met the parties and their counsel in accord- ance with a previous arrangement, at the office of J. D., in on the 11th day of October, 19. ., at nine o'clock in the forenoon, and the hearing was begun and was completed during the day. The case was submitted without argument. Having carefully considered the allegations and testimonies ad- mitted, the master finds as follows: (Here insert statement of findings.) The master rules that under the circumstances no trust would result by implication of law in favor of the grantors mentioned in the deeds of October 26, 1880, and July 23rd, 1894, above mentioned, and that the plaintiff was not at liberty to set up by oral testimony the alleged express trust or agency to defeat said deeds, although the defendants had knowledge of said trust or agency. (Citing authorities.) Upon a consideration of the foregoing facts and the law applicable thereto, as understood by the master, he finds that the bill should be dismissed as to all the plaintiffs. (Date.) G. H., Master. NEW JERSEY 6 Form No. 1008 (1) RECEIVER'S REPORT AND ACCOUNT (Title and Court.) The undersigned, the receiver in the above stated matter, respect- fully reports that he has now disposed of all the assets of said cor- 5 The above forms, although obtained from the practice of New Hampshire, are available for use in general chancery practice. The above forms, although obtained from the practice of New Jersey, are available for use in general chancery practice. 898 EQUITY FORMS poration, excepting cash and the following: (Here set forth other assets, if any, undisposed of) ; and that his disposition of said assets has heen confirmed by the order of this Court. He further reports that he has discontinued all actions brought by him, in all the different jurisdictions wherein such actions were brought. He further reports that he has paid all the debts proved with him (excepting such as have been formally withdrawn), all taxes, costs and charges, excepting some further costs in the Court of Chancery in the administration of his trust; that he has been discharged in the state of , wherein he was appointed ancillary receiver, and that the estate is ready to be distributed and closed up, and that he is ready to be discharged upon the payment of the additional costs in the Court of Chancery above referred to, and the payment to him of the balance of fees that may be due him as fixed by the order of this Court, and the distribution of the cash in hand in accordance with the order of this Court. And he further reports that the following is a just and true account of all moneys that have come into his hands as receiver as aforesaid, and also of the moneys that have been disbursed by him as such re- ceiver, and also an account of the claims against said company which have been presented to, allowed and paid by him as such receiver. (Sere insert statement of account.) The receiver therefore prays that the Court may fix his fee and make an order of distribution of the cash in his hands, and that upon such distribution, the receiver may be discharged from his trust, and that the books of said corporation above referred to may be, by order of this Court, deposited with the clerk of the Court of Chancery. (Date.) G. H., Eeceiver of C. D. Co. Form No. 1009 (2) MASTER'S BEPOBT (Title and Commencement.) In pursuance of an order of this Court entered in the above entitled cause bearing date the day of , 19 . . , I have been attended by the solicitors of the complainant and of the defendants, and in the presence of the said solicitors attending me, have examined the matters referred to me by the said order. The solicitor of the complainant produced before me the mortgage in her bill mentioned, bearing date the day of 19. ., and made and executed by A. L. W. and A. B. W., his wife, to the com- plainant, which said mortgage was duly acknowledged according to law by said A. L. W. and A. B. W., his wife, and recorded as in the hill mentioned, and as appears by endorsements thereon. The solicitor of the complainant also produced before me the bond Intended to be secured by the said mortgage, which said mortgage and bond are marked exhibits C 1 and C 2, respectively. And I find and report that there is due to the complainant on her said mortgage the sum of dollars. And I further report that the schedule hereto annexed marked No. 1 and making a part of this my report, contains a statement and REPORTS OF MASTERS AND RECEIVERS 899 account of the principal and interest moneys due to the complainant on her said mortgage, to which for greater certainty I refer. (And so on in regard to other incumbrances.) I further certify and report that I have examined said abstract of search and statement of fees and charges claimed, and that in my opinion such searches were necessary for the proper purposes of said suit. I further certify and report that the cost of the said searches to the complainant, calculated according to the fees allowed by the statute amounts to twenty-five dollars and six cents. I further certify and report that annexed hereto and made a part of this, my report, is the deposition of X. Y., solicitor of the com- plainant, a person having knowledge of the amount due on her said bond and mortgage, and stating the amount due thereon; (and so on as to other depositions). All of which is respectfully submitted this . .' day of , 19... G. H., Master in Chancery of New Jersey. Form No. 1010 (3) RECEIVER'S REPORT OF SALE (See petition, Form No. 800, ante, p. 779; order, Form No. 881, ante, p. 825.) (Title and Court.) In pursuance of an order made by the Chancellor in the above stated cause on the day of , by which it was, among other things, ordered that the undersigned, the receiver of the above named company, be authorized to make sale of the personal property of said company, at public or private sale, as he might deem in the best inter- ests of his trust, and that in addition to the advertisements required by law to be made of the sale of the said personal property under execu- tion at law, to make such further and other advertisements as in his judgment should be profitable to the trust and secure the most advan- tageous sale, and that he should report, for confirmation to this Court any such sale made by him, public or private. I, C. H. v., receiver as aforesaid, do hereby report to this Honorable Court that I did advertise the said sale by (here insert details of ad- vertisement) and at the time and place so appointed and advertised, deeming a public sale of said property in the best interests of the trust, did expose the same for sale in parcels to the highest bidder, upon con- ditions of sale which were first read aloud by the undersigned at said sale before the bidding commenced, a copy of which conditions of sale is hereto annexed and made a part of this report and marked Schedule "A," and did sell each parcel to the person bidding the highest amount therefor, which said parcels and the several amounts bid therefor, re- spectively, appear by the schedule hereto annexed and made a part of this report, and marked schedule "B." (Date.) C. H. V., Receiver. 900 EQUITY FORMS PENNSYLVANIA^ rorm No. 1011 (1) IHASTEE'S INTEELOCUTOEY REPORT IN PARTITION PROCEEDINGS {Title and Court.) To the Honorable the Judges of the said Court: The master appointed (date), by your Honorable Court to {some- times the prayer of the bill is here inserted) make partition of the real estate described in the plaintiff's bill, respectfully reports: That pursuant to due notice to all the parties in interest your master held a meeting for the purposes of his appointment at his office (location), (date), (tim,e) when and where he was attended by (names of counsel and parties present). Subsequent ineetings were held by regular adjournment on (dates), all the parties being represented by counsel, the plaintiffs by X. Y., Esq., and the defendants by U. V., Esq., whose appearance for the defendants had been duly filed of record. In the course of these said meetings title to the various pieces of real estate which form the subject of this proceeding, was duly proved and the testimony taken of witnesses alleged to be familiar with and to know the value of the different property involved in this proceeding, which said testimony is hereto annexed and made part hereof. The properties are described as follows: Premises No. 1. (Description of lot and improvements.) From the testimony taken before the master, and his personal examination of the premises, he has arrived at the following conclusion as to values; Premises No. 1. Your master fixes its value at (? ). The master further reports to your Honorable Court that the parties to the bill are the only persons who have any interest in the said real estate, and that the title to said real estate is now vested in the following named persons, all of whom are parties to the bill and whose undivided interests are as follows: L 3/5ths share (If there has been testimony as to other matters the report should state: a, the testimony, 6, the findings of fact, c, conclusions of law.) The master is of the opinion and he so reports that the real estate above described cannot be divided into purparts except at a sacrifice of the best values these different properties could be made to realize (etc). The master therefore reports that the properties cannot be divided without prejudice to or spoiling the whole and the parties in interest being of full age and sound mind have refused to take the same at the valuations fixed by the master and desire that the same be sold by order of the Court as appears by their written refusal hereto attached and made part hereof. (Date.) Respectfully submitted, G. H. 7 The above forms, although obtained from the practice of Penn- sylvania, are available for use in general chancery practice. REPORTS OF MASTERS AND RECEIVERS 901 Form No. 1012 (2) MASTEE'S EBTUEN TO OEDEE OF SALE (Title and Court.) To the Honorable the Judges of the said Court: The master appointed by the said Court in the above cause, respect- fully reports: That in pursuance of the order of sale made by your- Honorable Court (date), your master did, after giving due and legal notice of the time and place of sale by advertisement in the daily papers and by handbills, copies of which are hereto annexed as part hereof, duly posted in accordance with the law and practice of sales in partition in equity, expose the properties described in said order to public sale through X. & Co., auctioneers at the (location), (time), (day and date), and then and there sold the said properties described in said order of sales as follows: Premises No. 6 Q street to L> M. for the sum of ($ ). The sale of each property offered was expressly stated to be made subject to confirmation by the Court, and the said above named and respective purchasers were the highest and the best bidders therefor, and the above stated sums were the highest and the best prices bidden for the said properties respectively. All of which is respectfully submitted for the approval and con- firmation of the Court. (Date.) G. H., Master. Form No. 1013 (3) MASTEE'S FINAL EEPOET (Title and Court.) To the Honorable the Judges of said Court: Tfie master appointed by your Honorable Court to make partition of the real estate involved in the above entitled proceeding among the parties in interest thereto, respectfully reports: That having performed so much of the duties as respects the sale of the said real estate as will appear by the interlocutory report and return to the order of sale heretofore filed, and having in pursuance of the decree confirming said sale made, executed and delivered the following deeds: Premises No. 1, located at No street, to H. L., the pur- chaser thereof, the consideration being ( ) (etc.) Having received the purchase money from the above sales, your master in accordance with the decree of your Honorable Court pro- ceeded to make distribution of the proceeds of the said sales among the parties entitled thereto and for this purpose, after due notice, a meeting was held at his oflBce (location) street (time), (day), (date), when and where he was attended by (names of counsel and parties present). There was no contest, the parties agreeing to the distribu- tion. Your master would state and respectfully submit the following account: The master charges himself with the following: 902 EQUITY FORMS The master claims credit for disbursements as follows: From the above there is awarded and will be deducted: (costs, etc.) Leaving a balance of: From this is awarded and will be deducted: Counsel fee for plaintiff: Master's fee: Leaving a net balance for distribution which is awarded as follows : All of which is respectfully submitted. (Date.) G. H., Master. RHODE ISLAND » Form No. 1014 (1) RECEIVER'S REPORT (Title and Court.) To the Honorable the Superior Court: I, G. H., of the city of Providence, state of Rhode Island, having been heretofore appointed a receiver of the B. & D. Bank under a decree entered in this cause, respectfully report that having accepted said position and qualified as such receiver, I proceeded to take pos- session of th^ assets of the B. & D. Bank, and the details of all the assets that have come to my hands or possession or knowledge are shown in an itemized account herewith annexed and made a part hereof, the aggregate sum being I have paid out at various times certain payments in compliance with orders heretofore entered by this Court in this cause aggregating In addition, I have paid out dividends to stockholders at the rate of per share upon shares of the capital stock of said bank, said dividend payments amounting to I have in my hands a balance of of which sum is due as a dividend upon stock standing in the name of R. H. G. This stock of R. H. G. is the only stock of said bank upon which this divi- dend in liquidation has not been paid. I am informed that she died in the city of Boston about ten years ago, a resident of Boston at that time, and that there is no executor or administrator to represent her estate; that she was buried in the in this city, and that at her death she had a daughter, whose name I cannot give, and a stepmother living, but I have been unable to ascertain the name, address or location of this daughter, who would be her heir if living. As I am unable to obtain any reasonable evidence of the death of this daughter, I ask permission to pay this balance into the registry of the Court, and be discharged from further responsibility. I have receipts for the various payments referred to in this report, ready for inspection by the Court at its convenience. (Date.) Respectfully submitted, G. H., Receiver. 8 The above forms, although obtained from the practice of Rhode Island, are available for use in general chancery practice. REPORTS OP MASTERS AND RECEIVERS 903 Form No. 1015 (2) MASTER'S BEFOBT (Title and Court.) The undersigned to whom the above entitled cause was referred, by decree of this Honorable Court entered 19.., to consider the complainant's exceptions to the following portions of the respond- ent's answer, viz. : and to report whether said exceptions should be allowed, respectfully reports: That the counsel for the respective parties were duly notified by me that a hearing would be given them at my office. No. 4 street. Providence, R. I., on , 19. ., at o'clock' p. m., at which time and place X. Y., Esq., counsel for the complainant, and Y. Z., Esq., counsel for the respondent, were present and heard for and against said exceptions, and thereupon upon consideration thereof and examination of the pleadings, the undersigned reports that said excep- tions should be allowed and said portions of said answer expunged from the record as impertinent and immaterial to the issue in said cause. I further report that I submitted a draft of this report to the solici- tors of the respective parties and appointed Tuesday, 19.., at o'clock p. m., as the time and my office at street as the place for hearing such objections thereto as they might think fit to suggest, and thereupon the solicitor for the respondent filed with me the objections to my said report herewith returned, which I have noted and considered and finally make up my report and return the same as above. (Date.) G. H., Master. VERMONT 9 Form No. 1016 SPECIAL MASTER'S EEPOET (Title and Court.) To the Honorable Court of Chancery to be holden and in session at , in the county of on the day of A. D. 19..: The undersigned, duly appointed special master in the above entitled cause, hereby reports that, pursuant to due notice (or agreement as to time and place of hearing, as the case may he), he met the parties hereto and their solicitors and, after being legally sworn, heard said cause, and that he finds and reports the following facts: (Here set forth the facts found hy the master, the rulings of the master as to admission and exclusion of evidence, etc.) The master submits the foregoing finding of facts for the Honorable Court of Chancery to render such judgment and decree in the premises as the parties hereto may be entitled. All of which is respectfully submitted at , In the county of , this day of , A. D. 19... G. H., Special Master. 9 The above form, although obtained from the practice of Vermont, is available for use in general chancery practice. 904 EQUITY FORMS WEST VIRGINIA w rorm No. 1017 (1) COMMISSIONEE'S EEPOET (Title and Court.) REPORT OF COMMISSIONER To the Honorable V. S. A., Judge of the Circuit Court of County, West Virginia: Your commissioner, W. L. S., to whom was referred the chancery cause of C. C. M. against J. S. C. and others, in the Circuit Court of county, begs leave to report that pursuant to said decree of reference he fixed upon the day of 19. ., as the time, and his office in the town of , as the place, of performing the duties required of him by said decree, and not being able to complete the same on that day, he adjourned the same to the day of 19. ., at the same place. A copy of said notice and decree of reference are herewith filed as parts of this report. He further reports that said J. S. C. is the owner of a tract of 125 acres of land, situated in and that the trust deed executed 19. ., to G. C. B., trustee, to secure to M. J. C. the payment of $1,000, is the second lien in force and binding upon the real estate of said J. S. C, if the Court should hold that said trust deed is valid. The judgment in favor of W. A. P. against J. S. C. for ?50, with interest and costs, is first in force and binding upon said land. And the judgment of C. C. M. against J. S. C. and others for f , with interest and costs, is third in force and binding upon said real estate. A list of said liens in the order of their priorities is hereto attached and asked to be read as part of this report. But if the Court should hold that said trust is fraudulent and void as to the other creditors in this suit, then in that event the judgment of W. A. P. against J. S. C. is ; of C. C. M. against J. S. C. and others is second in force and binding upon said real estate. But as to the validity of said deed of trust in regard to the creditors of said J. S. C, your commissioner has nothing to say, but refers that matter to the decision of the Court. All of which is respectfully submitted. W. L. S., Commissioner in Chancery. Costs of this report: W. L. S., commissioner, 15 hours, at 75 cents per hour $11.25 B. D., sheriff, serving notices " 2.25 State of West Virginia ) ^ County of f*""^'*- I, W. L. S., a commissioner in chancery for the Circuit Court of county, do certify that I was necessarily employed fifteen hours in executing this reference. Given under my hand this day of 19 . . . W. L. S., Commissioner. 10 The above forms, although obtained from the practice of West Virginia, are available for use in general chancery practice. REPORTS OF MASTERS AND RECEIVERS 905 Form No. 1018 (2) BECEIVEB'S BEFOBT ( Title and Court. ) REPORT OF SPECIAL RECEIVER To the Honorable J. H. H., Judge of the Circuit Court of County, West Virginia: The undersigned, who was heretofore in vacation, on tlie day of 19. ., herein appointed special receiver of the personal property of the defendant corporation in the hill mentioned, respectfully reports that pursuant to the vacation order appointing him such special receiver, he executed the bond required of him as such before the clerk of the Circuit Court of county, with security approved by him, and thereupon on the said day, to-wit, the day of , 19. ., took possession of such of the property in the bill men- tioned as he could obtain, and made a list and inventory of the same at the mines of said corporation at , in said county, where the same was found as follows: (Ins^ert inventory.) Your special receiver took the same into his possession under lock and key, but the wagon in the bill mentioned did not come into the possession of the undersigned, and he had had no control over the same. Possession of said property by the undersigned was resisted by agents and employees of the defendant corporation, and the possession of the said wagon forcibly and successfully resisted by the defendant, A. M., and others in possession of the same, but they, as the undersigned is advised, afterwards delivered the possession of the same to one G. S., a tenant of said corporation upon the said premises, who afterwards delivered the same to said corporation. Your receiver further reports that under an order made herein in vacation on the day of 19.., he was directed to restore the possession of said property to said corporation, but which order was suspended until the day of , 19.., by a suspending bond given by plaintiff, approved by said clerk in order to enable plaintiff to apply to the Supreme Court of Appeals of this state for an appeal from and supersedeas thereto, which appeal and super- sedeas was afterwards applied for by plaintiff to one of the judges of said Court and refused on the day of , 19. ., where- upon, upon notice to the undersigned, he offered to restore and did restore all of said property to the accredited and authorized agents of said corporation at the mines of said corporation at the premises afore- said at , on the day of , 19.., and took a receipt for the same, which is herewith filed. The undersigned further reports that the care and custody of said property and his services in respect thereto entailed upon him some labor and expense, which he prays may be ordered to be allowed to him herein to the extent and amount that the Court may deem proper. (Date.) Respectfully submitted, J. D., Receiver of Personal Property. J. H. W., Sol. CHAPTER XXXV EXCEPTIONS ANP APPEALS Note. In modern practice owing to the disuse of bills of discovery, exceptions for insufificiency- are of much less importance than formerly, since an answer now serves the purpose merely of a defensive pleading, where the only requirements are that the allegations of the bill shall be either admitted, denied or confessed and avoided. Answers are, however, sometimes so ambiguous and uncertain that it is difficult to determine just what allegations are admitted and denied, even in jurisdic- tions where by rule of court all allegations not expressly denied are taken for admitted; and in such cases, excep- tions to the answer are useful. ALABAMA Form No. 1019 EXCEPTIONS TO REPORT OF REGISTER i {Title and Court.) And now comes the plaintiff and excepts to the report of the Register filed In this cause on the day of , 19 . ., for the follow- ing erroneous findings and rulings revealed therein: 1. That the finding of the Register that $1,000 is a reasonable fee to the solicitors is not sustained by the evidence given before him on said reference, and is contradictory to the following evidence given before him. See pages of evidence taken before him. 2. That the findings of the Register that the item No in the account is a proper charge is contrary to law. 3. That the ruling of the Register sustaining the following objection to the question, the witness X. Y., was error (here set out the question, and note the ■place in the testimony). Wherefore the plaintiff prays the Court to approve the said findings 1 It is the duty of the Register to take down in writing the testi- mony given before him on a reference, numbering the pages, and to file it for reference in the cause. Sometimes, however, he attaches it to his report. The above form is peculiar to the chancery practice of Alabama. 906 EXCEPTIONS AND APPEALS 907 and rulings hereby noted and to order a re-reference on the matters involved therein. E. F., 'solicitor for Plaintiff. FLORIDA 2 Form No. 1020 (1) ENTRY AND NOTICE OP ENTRY OF APPEAL (Title and Court.) Now conies the defendant, C. D. Company, a corporation (etc.), by B. & B., its solicitors of record, and takes and enters its appeal to the Supreme Court of the state of Florida from the final decree and order made and entered in the above entitled cause on, to-wit, the day of , A. D. 19. ., granting the relief prayed in and by the complainant's bill of complaint, returnable to the said Supreme Court of the state of Florida on the day of A. D. 19 . .. And the said defendant hereby gives notice to the complainant, A. B. Company, a corporation, organized and existing under and by virtue of the laws of the state of Florida, that it has taken and filed and will prosecute this appeal to the Supreme Court of the state of Florida. This the day of June, A. D. 19 . .. B. & B., Solicitors for the Defendant, C. D. Co. You will please enter and record the above and foregoing entry and notice of appeal in the Chancery Order Book, as required by law. B. & B., Solicitors for Defendant. X. Y., Esq., Clerk of Circuit Court, County, Florida. Form No. 1021 (2) ASSIGNIMENT OF ERROR (.Title and Court.) And now comes the defendant, C. D. Co., by B. & B., its solicitors,, and files its assignments of error on appeal from the final decree made and entered on the day of , A. D. 19. ., in the above entitled cause, and assigns the following errors in the decisions and rulings made and entered in this cause: First. That the Court erred in making and entering its final decree of , 19.., in this cause, granting the relief prayed in and by the complainant's bill of complaint. Second. That the Court erred in making and entering its final decree of , 19.., in this cause, declaring the contract and agreement for the purchase by the complainant of five hundred (500) shares of capital stock of the defendant, as evidenced by stock certifi- cate No. 31, to be null and void and decreeing the same to be rescinded and set aside. Third. That the Court erred in making and entering its final de- cree 19 . . , In this cause, in that in and by the said decree the Court failed to decree the return to the defendant of the dividends 2 The above forms are peculiar to the chancery practice of Florida. 908 EQUITY FORMS and benefits in lieu of dividends received by the complainant under the aforesaid contract and agreement for the purchase of the said five hundred (500) shares of the capital stock of the defendant, subsequent to the alleged rescission by the complainant. B. & B., Solicitors for the Defendant. Received of B. & B., the solicitors of record for the defendant in the above stated cause, a copy of the foregoing assignment of error, this the day of A, D. 19. .. E. F., Solicitor for the Complainant. ILLINOIS 3 Form No. 1022 (1) EXCEPTIONS TO THE MASTER'S EEPOET (Title and Court.) Now comes the defendant, C. D., and excepts to the master's report filed herein, for the following reasons: First: His conclusions and recommendations are against the law and the evidence in the case. Secondly: The master erred in finding that {specify separate errors in separate paragraphs, numbered seriatim). Finally: The master erred in recommending that a decree be entered herein in accordance with the prayer of the cross-bill of J. A. S., and for other reasons apparent on the face of the master's report this defendant excepts to the same as filed. C. D., by X. Y., his solicitor. Form No. 1023 (2) APPEAL (Title and Court.) Now come the above-named complainants and pray an appeal to the Supreme Court of Illinois, from the decree this day entered in said cause: Which said prayer of the complainants for an appeal to the Supreme Court of Illinois is allowed, upon complainants' filing a bond in the penal sum of two hundred and fifty dollars, to be approved by the Court, within twenty days from the date hereof, and upon the filing of a certificate of evidence in said cause within thirty days from the date hereof. A. B. by E. F., his solicitor. MAINE Form No. 1024 (1) EXCEPTIONS TO BILL FOE SCANDAL* (Title and Court.) C. D., the defendant above named, excepts to the plaintiff's bill in this cause for scandal in the following particulars, to-wit: 3 The above forms are peculiar to the chancery practice of Illinois. * The above form, although obtained from the practice of Maine, is available for use in general chancery practice. EXCEPTIONS AND APPEALS 909 1. To the whole of paragraph 3 in said bill because the same is all scandalous. 2. To that portion of paragraph 4 commencing with the words " " in the third line, and ending with the words " " in the eighth line, because the passage in said paragraph comprised within said limits is scandalous. Wherefore the defendant respectfully insists that the said scandal- ous matter be expunged from the plaintiff's bill. G. H., Solicitor for Defendant. (.In like manner exceptions for scandal may he taken by the plaintiff to defendant's answer.) Form No. 1025 (2) EXCEPTIONS TO ANSWER FOR INSUFFICIENCY s (Title and Court.) The plaintiff excepts to the answer of the defendant, J. W. J., for insufBciency in the following particulars, to-wit: Because the said defendant has not answered the allegation con- tained in paragraph 3 of said bill to the effect that said J. W. J. has agreed that he would not, for the term of ten years from the date of said agreement, "either alone, or jointly with, or as agent or servant of any other person or persons, or as agent, director or servant of any other company or otherwise directly or indirectly carry on, or assist in carrying on, any business of a similar nature to the business thereby agreed to be sold, at any of the places where the said factories, build- ings or premises thereby agreed to be sold are situated or within fifty miles of such place." In this respect the said answer of said defendant is evasive and insufficient. Wherefore the plaintiff prays that the said defendant be required to put in a further and better answer to said bill. E. F., Solicitor for Plaintiff. Form No. 1026 (3) EXCEPTIONS TO MASTER'S REPORT e (Title and Court.) The plaintiff, A. B. (or defendant, C. D.), excepts to the report of the master filed in this cause on the day of 19 . . , in the following particulars, to-wit: 1. To the findings of fact contained in paragraph 3 because the same are not warranted by the evidence. 2. To the conclusions stated in paragraph 4 because the same are unauthorized by law. Wherefore he prays that his exceptions thereto may be allowed. E. F., Solicitor for Plaintiff (or Defendant). 5 The above form, although obtained from the practice of Maine, is available for use in general chancery practice. « The above form, although obtained from the practice of Maine, is available for use in general chancery practice. 910 EQUITY FORMS Fonn No. 1027 (4) EXCEPTIONS TO INTEELOOUTOEY OEDEE? (.Title and Court.) Exceptions of the defendant, C. D. On the day of , 19. ., an interlocutory order was rendered by the Court upon petition of the plaintiff in the above entitled cause whereby it was ordered that {here insert substance of order). To which order of the Court the defendant excepts and prays that his exceptions may be allowed. E. P., Solicitor for Plaintiff. Form No. 1028 (5) APPEALS (Title and Court.) And now after hearing and decision on the bill in the above cause, and within ten days after the final decree on such bill was signed, entered and filed, and notice thereof given by the clerk of said Court to the parties in the above entitled cause, or their counsel, the defend- ants in the above cause claim and take an appeal from said decree to the next law court to be held in the district where said cause is pending. E. F., Solicitor for Plaintiff. Form No. 1029 (6) EBPOET OF CAUSE TO LAW COtlET » (Title and Court.) LAW ON REPORT The cause came to be heard on bill, answer and proofs; and it appearing to the justice presiding that questions of law are Involved of sufficient importance and doubt to justify the same, by consent of the parties, the cause is reported to the next law court for hearing and decision. Justice Presiding. (Here follow in order copies of the J)iU, answer, replication and report of the evidence.) A true report. Attest: , Stenographer. So certified. , Justice Presiding. A true copy. Attest : , Clerk. 7 The above form, although obtained from the practice of Maine, is available for use In general chancery practice. 8 Copied from the files In Maine Wharf vs. Custom House Wharf, clerk's office, Cumberland county. The above form is peculiar to the chancery practice of Maine. 9 The above form is peculiar to the chancery practice of Maine. EXCEPTIONS AND APPEALS 911 MARYLAND lo Form No. 1030 (1) EXCEPTIONS TO DEFENDANTS' ANSWER (Title and Court.) To the Honorable the Judge of said Court: The plaintiff prays leave to except to the answer filed by the defend- ants in this cause. 1. For that (etc., stating the cause of exception as iriefly as pas- sihle). 2. For that the said answer is in other particulars insuflBcient. A. B., by his solicitor, E. F. Form No. 1031 (2) ORDER FOR AN APPEAL (Title and Court.) Mr , Clerk: Please enter an appeal from the decree in this case, dated the day of 19... G. H., Solicitor for Defendant. MASSACHUSETTS ^i Form No. 1032 (1) EXCEPTIONS TO MASTER'S REPORT (Title and Court.) This case originated upon the bill of complaint of the plaintiff against the defendant, his copartner in the business of conducting moving picture exhibitions in Washington street in the city of Boston, and upon order of the Court was duly referred to G. H., Esq., as master, before whom a series of hearings were held, and whose report has been heretofore filed, to which the plaintiff has seasonably filed his objec- tions, and the plaintiff being aggrieved by said report, respectfully flies the following exceptions and requests that the same may be allowed : 1. To the finding that the drawing of the sum 2. To the finding that the salary of 3. To the failure of the master to make and report of the fact. By his attorney, E. F. Form No. 1033 (2) APPEAL FROM FINAL DECREE (Title and Court.) Complainant in above entitled cause hereby claims an appeal from final decree entered in said cause under date of 19 . . . By E. F., Counsel for Complainant. 10 The above forms are peculiar to the chancery practice of Mary- land. 11 The above forms are peculiar to the chancery practice of Massa- chusetts. Exceptions to Master's report under the present equity rule XXXII shall briefly and clearly specify the matter excepted to, and it shall be a sufficient compliance for a party to state that he excepts tor the reasons set forth in objections numbered (giving its num- ber). Exceptions cannot be considered unless founded on objections filed with the Master and by his report. See Ball v. Allen, 216 Mass. 469. 912 EQUITY FORMS NEW HAMPSHIRE 12 Form No. 1034 EXCEPTIONS TO ANSWEE (Title and Court.) The plaintifE excepts to the defendant's answer: 1. Because it neither admits nor denies the plaintiff's allegations; 2. Because it in no way answers the plaintiff's bill; 3. Because the reference and the findings of the referee and all matters pertaining thereto are impertinent. Wherefore the plaintiff prays that said defendant's answer contained in the second, third and fourth pages be expunged and rejected on ac- count of its impertinence and irrelevancy, and that the whole answer be rejected for the several reasons above set forth. NEW JERSEY 13 Form No. 1035 NOTICE OF APPEAL (Title and Court.) To E. F., Esq., Solicitor of Complainant: Take notice that the defendants hereby appeal to the New Jersey Court of Errors and Appeals from the final decree in the above stated cause, and from the whole and every part thereof, made on the day of , nineteen hundred and G. H. & I. J., Solicitors of Defendants. G. H., of Counsel. Dated , 19... I conceive that there is good cause for appeal in the above cause. G. H., Counsel of Defendants. PENNSYLVANIA " Form No. 1036 (1) EXCEPTIONS TO BILL FOR SCANDAL OR IIUPERTINENCE (Title and Court.) The defendant, C. D., excepts to the following paragraphs and por- tions of the plaintiff's bill as scandalous and Impertinent (or either, as the case may &e), and asks that the same be expunged therefrom by the Court; that is to say: 1. So much of paragraph 3 as set forth that (quote). 2. Paragraph 4, namely (quote). X. Y., Solicitor for Defendant. 12 The above form is peculiar to the chancery practice of New Hampshire. 13 The above form Is peculiar to the chancery practice of New Jersey. i*The above forms are peculiar to the chancery practice of Penn- sylvania. EXCEPTIONS AND APPEALS 913 Form No. 1037 (2) EXCEPTIONS TO ANSWEE (Title and Court.) The plalntiS excepts to the answer filed by defendant to the plain- tiff's bill in this cause, and for cause of exception thereto sets forth: 1. That the said defendant in his answer to the first paragraph of plaintiff's bill has not to the best and utmost of his knowledge, information and belief answered and set forth whether (etc.) 2. That the said defendant in his answer to the second paragraph of plaintiff's bill has omitted to state whether (etc.). In all which particulars the said plaintiff excepts to the answer of the said defendant as evasive, imperfect and insufficient, and prays that the said defendant may be compelled to put in a full and complete answer to the plaintiff's bill of complaint filed in this cause, or take the said bill as confessed in so far as he had failed to answer the same. X Y., Solicitor for Plaintiff. (Affidavit.) Form No. 1038 (3) EXCEPTIONS TO FINDINGS (Title and Court.) C. D., the defendant in the above cause, files these, his exceptions to the findings of law and fact of Hon. X. Y., judge of said Court, in his opinion (of this Honorable Court in its opinioh). The learned Court erred in the following finding of fact : "8. (etc.)," and in that portion of the ninth finding of fact as follows: "(etc.)." In refusing defendant's requests for findings of facts as follows: "1. (etc.)" The learned Court erred in the following conclusions of law: "1. (etc.)" In refusing to find the law according to defendant's requests, as follows: "1. (etc.)" X. Y., Solicitor for Defendant. Form No. 1039 (4) APPEAL (Title and Court.) Enter appeal on behalf of A. B., '. .., from final de- cree of the Court of v of the county of To X. Z., Prothonotary Supreme Court, Eastern District, County of ss. A. B., being duly sworn, saith that said appeal is not taken for the purpose of delay, but because appellant believes he has suffered in- justice by the decree from which he appeals. A. B. Sworn and subscribed this day A. D. 10. .. E. F., Notary Public. 914 EQUITY FORMS Form No. 1040 (5) C££TIOBABI STTB APFEAI. IN THE SUPREME COURT OF PENNSYLVANIA FOR THE EAST- ERN DISTRICT. 'Certiorari Sur Appeal to the Court of A. B., of the County of Appellant ) Sitting in Blquity Term, 19.. No Issue certiorari to the Court of the county of sitting in equity, sur appeal, perfected in the Court below, to remove record and proceedings in a certain action in said Court No. Term, 19. ., in equity, wherein A. B. Is plaintiff and C. D. is defendant. Returnable to next Term, Sec. Reg. To X Z., Prothonotary Supreme Court — ^Eastern District E. F., , Attorney for Appellant. RHODE ISLAND « Form No. 1041 (1) EXCEPTIONS TO MASTEE'S EEPOET (Title and Court.) N. P. S., defendant, in the above entitled suit, within thirty days after the filing Jind opening of said report, comes and presents the following exceptions thereto: First. The report of the master in finding is against the law and the evidence and the weight of the evidence. Second. The report of the master in finding is against the law and the evidence and the weight of the evidence. N. P. S. By its attorneys, G. H. & I. J. Form No. 1042 (2) APPEAL (Title and Court.) And now after entry of the final decree in the above entitled cause and within thirty days after entry of said decree the complainant comes into Court and says that she is aggrieved by said decree and she claims this her appeal from said decree and states the following reasons of appeal: First, That said decree is against the law. Second. That said decree is against the rights of the complainant as disclosed by the pleadings. Third. That the Court erred in sustaining the demurrer of J. M. Fourth. That the Court erred in finding that the bill did not state a case of fraud against the respondent, J. M. 15 The above forms are peculiar to the chancery practice of Rhode Island. EXCEPTIONS AND APPEALS 915 Fifth. That the Court erred in dismissing the bill. Wherefore the complainant appeals from said decree of the Superior Court to the Supreme Court and prays that the same may be reversed, etc. By her solicitor, E. F. VERMONT 16 Form No. 1043 (1) EXCEPTIONS TO MASTER'S REPORT (Title and Court.) Now comes the defendant, C. D., in the above entitled cause, after the filing of the report of the master, and excepts to the master's report for the following reasons and in the following particulars: 1. (Here set forth reasons for orator's exceptions.) C. D. By his solicitor, G. H. Form No. 1044 (2) NOTICE OF APPEAL (Title and Court.) Now comes the plaintiff, A. B. (or defendant, C. D., as the case may be) in the above entitled cause, and appeals from the decree entered in said cause on the day of , A. D. 19 . . . (Here set forth briefly the decree from which the plaintiff or de- fendant, as the case may he, takes an appeal.) A. B. By his solicitor, E. F. VIRGINIA IT Form No. 1045 (1) WRIT OF SUPERSEDEAS THE COMMONWEALTH OF VIRGINIA. To the of Greeting: We command you, that from all further proceedings on pronounced by the Court of the of on the day of , 19 . . , in a suit in which A. B., of , is plaintiff, and C. D., of is defendant, you altogether super- sede; which before the judges of our Supreme Court of Ap- peals, in the city of Richmond, for cause of error in the same to be corrected, on the petition of the said A. B. we have cdused to come. We also command you, that you give notice to the said A. B. and C. D. that they be before the judges of our said Supreme Court of Appeals at the city aforesaid, on the first Monday in next, then and there to have a rehearing of the whole matter in the aforesaid contained. And have then there this writ. Witness: X. Y., Clerk of our said Supreme Court of Appeals, at 16 The above forms are peculiar to the chancery practice of Vermont. 17 The above forms are peculiar to the chancery practice of Virginia. 916 EQUITY FORMS Richmond, this day of 19 . . , in the year of the commonwealth. Memo — The above writ of supersedeas is not to be effectual, untU the petitioner, A. B., or some one for him shall enter into bond, with sufficient security in the clerk's office of the said Court, in the penalty of dollars, conditioned as the law directs, and a certificate of the execution thereof, together with the name or names of the security or securities, shall be endorsed hereon by the clerk of the said Court. ' Teste: X. Y., Court Clerk. A Copy — Teste: X. Y., Court Clerk. Form No. 1046 (2) WEIT FOB APPEAL WITHOUT SUPERSEDEAS THE COMMONWEALTH OF VIRGINIA. To the of Greeting: Whereas, in the records and proceedings, and also in pronouncing a by the Court of the of on the day of 19 . . , in a suit in which A. B., of is plaintiff, and C. D., of is defendant, manifest error inter- vened, as it is said, to the damage of the said A. B., as by his petition we are informed; and whereas the said A. B., upon his petition to the judges of our Supreme Court of Appeals, obtained to the said upon condition of he or some one for him giving bond and good security, in the clerk's office of the said Court in the penalty of dollars, conditioned for the payment of all damages, costs and fees which may be awarded against or incurred by him provided that the said is not to operate as a supersedeas to, or in any manner hinder or delay, the execution of the said Where- upon, we being willing that the error aforesaid, if any, be corrected, and speedy justice done to the parties, command you that you make known to the said C. D. and the other parties above named, except the petitioner, that they be before the judges of our Supreme Court of Appeals, at the Library Building, in the city of Richmond, on the first Monday In next, when and where our said Supreme Court of Appeals, the said record, proceedings and being inspected, will further do, for correcting the error aforesaid, what of right and according to law ought to be done. And have then there this writ. Witness: X. Y., Clerk of our said Supreme Court of Appeals, at Richmond, the day of 19 . . , and in the year of the commonwealth. X. Y. A Copy— Teste: X. Y. EXCEPTIONS AND APPEALS 917 WEST VIRGINIA 's Form No. 1017 (1) EXCEPTIONS TO BILL, FOB SCANDAL AND IMPERTINENCE (Title as in an orginal bill.) EXCEPTIONS TO BILL. The defendant, C. D., excepts to the bill of the plaintiff, A. B., upon the following grounds: First exception: that paragraph IV of said bill is impertinent, and wholly immaterial. Second exception: that the portion of paragraph XII of said bill, beginning in line three with the words "and this plaintiff," and ending in the fourteenth line with the words "informed and believes," is both scandalous and impertinent. Wherefore, this defendant excepts to said bill for scandal and im- pertinence, and prays that said portions of the same which are herein excepted to may be expunged from said bill. C. D., Defendant. X. Y. Z., Sol. By Counsel. Form No. 1048 (2) EXCEPTIONS TO ANSWER, FOR INSUFFICIENCY (Caption as ahove.) The plaintiff, A. B., excepts to the answer of the defendant, C. D., and assigns the following grounds therefor: First: That the said defendant does not by his said answer make any proper or suificient answer to paragraph XII of the plaintiff's bill herein. Second: That paid defendant in his answer does not discover whether or not the books of plaintiff are in the custody and possession of the said defendant, and does not produce the same, as prayed in the plaintiff's said bill. Third: That said answer is in other respects insufficient and does not constitute any defense in law. Wherefore, this plaintiff excepts to said answer because the same is evasive, imperfect and wholly insufficient, and prays that said de- fendant may be compelled to put in a further and complete answer to plaintiff's bill. A. B., Plaintiff. X. Y. Z., Sol. By Counsel. Form No. 1049 (3) EXCEPTIONS TO COMMISSIONER'S REPORT (Caption as aiove.) The defendant, L. M. W., excepts to the report of Commissioner E. G. R. herein, which report bears date the day of 19.., and assigns the following grounds therefor: 18 The above forms are peculiar to the chancery practice of West Virginia. 918 EQUITY POEMS First: Said commissioner did not allow the credit of $35 on the judgment of C. K. N. named and set out in the receipt filed with this defendant's testimony and dated the day of 19 . . , which amount was at the date of said receipt in the hands of the said C. K. N. Second: Said commissioner erred in reporting only a small part of the real estate belonging to this defendant situate in this county, and did not report all the real estate belonging to said defendant and the actual rental value thereof as required by law. Third: Said commissioner's notice to lienors was not published and posted as required by law. Fourth: Said report is otherwise improper and erroneous upon its face, both as to the law and the evidence. Wherefore, this defendant prays that his exceptions may be sus- tained, and that said report may be corrected in the particulars indi- cated in his said exceptions. I/. M. W., Defendant X. Y. Z., SoL By CounseL CHAPTER XXXVI WEITS Note. The forms in the chapter are available for use in general chancery practice except the writ of posses- sion peculiar to the practice of Vermont. Form No. 1060 WRIT OF INJUNCTION (Heading as in original Mils.) (Writ directed to the proper officer as the practice of each state may provide.) "We command you to make known to A. B., of In our county of that C. D., of , in the county of , has filed his bill in equity before our Court, in the county of , therein alleging (here insert the allegations in the bill show- ing the cause for issuing the writ), and that in consideration thereof, he, the said A. B., and his attorneys and agents, are strictly enjoined and commanded by our said Court, under the penalty of fine or im- prisonment, as the Court may order therein, absolutely to desist and refrain from (here insert the acts enjoined) and from all attempts, directly or indirectly, to accomplish such object until the further i order of our said Court. Hereof fail not and forthwith make due return of this writ, with your doings thereon, to our Court, where the bill is pending. Witness (etc.). Fonn No. 1051 WRIT OF NE EXEAT 2 (Heading as in original Mils.) (Writ directed to the proper officer as the practice of each state may provide.) Whereas, it is represented to the Court within and for the county of by A. B., plaintiff, in his bill filed in said Court against C. D., defendant, that the said defendant is greatly indebted 1 When the injunction is to be perpetual, the writ is to be varied accordingly. 2 Under Illinois R. S. 1845, p. 382, § 5 (rewritten) § 8; J. & A. If 7614. The above form, although obtained from the practice of Illinois, is available for use in general chancery practice. 919" 920 EQUITY FORMS to the said plaintiff and designs quickly to go into parts beyond the limits of the state of Illinois, as by oath made on that behalf appears; which tends to the great prejudice of the said plaintiff. Therefore, in order to prevent this injustice, we do command you, that you do sum- mon the said C. D., if he may be found in your precinct, to appear before our said Court on , the day of , A. D. 19 . . , then and there to answer to the said bill of complaint there exhibited by said A. B., plaintiff, and that you do, without delay, cause the said C. D. personally to come before you, and give sufficient bail or security, in the sum of , that he, the said C. D., will not go or attempt to go into parts beyond the limits of the state of Illinois, and the jurisdiction of the Court, without leave of this Court, and that he will render himself, in execution to answer any judgment or decree which the said Court may render against him, and in case the said C. D. shall refuse to give such bail or security, then you are to commit him, the said C. D., to jail; there to be kept in safe custody until he shall do it of his own accord. And when you shall have taken such security, you are forthwith tp make and return a certificate to this Court, distinctly and plainly under your seal, together with this writ. Witness , at , the day of , in the year 19... Form No. 1052 WEIT OF EXECUTION TO PERFORM DECREE (Heading as in original Mils.) {Writ directed to the proper officer as the practice of each state may provide.) Whereas, on the day of , A. D. 19. ., by a certain decree, made in our Court of Chancery, before our Chancellor of our said state, held at , in said county, in a certain cause therein pending between A. B., plaintiff, and C. D., defendant, it was ordered, adjudged and decreed that (.set out acts required to 6e done) as by said decree may more fully appear. (If the decree also directs costs, this clause to 6e inserted: And whereas the costs so decreed, as afore- said, to be paid by the said C. D. amount to the sum of , as taxed by the clerk of our said Court of Chancery.) And whereas the said C. D. hath neglected to comply with all and singular the matters and things required of him in and by the said decree, as we have been informed and understand. Now therefore, in order that full and speedy justice may be done in the premises, we command you that you take the body of the said C. D. if he shall be found in your county and him safely keep in your custody, until he shall perform and fulfill all and singular the matters and things required of him in and by the said decree, or our said Court of Chancery shall make other order to the contrary. And you are to make and return to our said Chancellor, in our said Court of Chancery, on the day of , where- soever it shall then be, a certificate under your hand of your doings in the premises, together with this writ. Witness (etc.). WRITS 921 Form No. 1053 WEIT OF EXECUTION FOE MONEY (.Heading as in original hills.) (Writ directed to the proper officer as the practice of each state may provide.) Whereas, on the day of , A. D. 19 . ., by a certain decree, made in our Court of Chancery, before our Chancellor of our said state, held at , in said county, in a certain cause therein pending between A. B., plaintiff, and C. D., defendant, it was ordered, adjudged and decreed that (set out acts required to 6e done) as by said decree may more fully appear. (// the decree also directs cosis, this clause to be inserted: And whereas the costs so decreed, as afore- said, to be paid by the said C. D. amount to the sum of as taxed by the clerk of our said Court of Chancery.) And whereas the said C. D. hath neglected to comply with all and singular the matters and things required of him in and by the said decree, as we have been Informed and understand. Now, therefore, in order that full and speedy justice may be done in the premises, we command you, that of the goods and chattels of the said C. D. in your county you cause to be made the sum of which before our said Chancellor, in our said Court of Chancery was decreed to the said A. B. as aforesaid (if costs are decreed, the following words are to 6e inserted: And also the sum of for his costs and charges so decreed as aforesaid. ) And if sufficient goods and chattels of the said C. D. cannot be found within your county, that then you cause the said sums of the amount of the decree and costs aforesaid, to be made of the lands and tenements of the said C. D. and that you have that money before our said Chancellor in our said Court of Chancery on the day of wheresoever it shall then be to render to the said A. B. ac- cording to the decree aforesaid. And you are to make and return to our said Chancellor, in our said Court of Chancery, on the said day of a certificate under your hand of the manner In which you shall have executed this our writ, together with this writ. Witness (etc.). WitlX Jl- *il'»t-ili.Vi<-"iyiT (jicaamg as %n original bills.) (Writ directed to the proper officer as the practice of each state may provide. ) We command you to attach the body of C. D., of in our county of so that you may have him before our Court, at within and for our county of ,.., on the day of next, to answer for an alleged contempt in not (here insert the cause), and you may take a bonds with sufficient sureties to A. B., the party injured, in the sum of dollars, conditioned that he then and there appear and abide the order of 3 When the party Is not entitled to bail, that part of the writ is to be omitted. 922 EQUITY FORMS Court. Hereof fail not and make due return thereof and of your pro- ceedings at tlie time and place aforesaid. Witness {etc.). Form No. 1055 WEIT OF ATTACHMENT FOE CONTEMPT IN EEFUSING TO APPEAE AND TESTIFY {Heading as in original bills.) {Writ directed to the proper officer as the practice of each state may provide.) We command you to attach the body of E. P., of , so that you have him before our Court at within and for our county of , on the day of next, to testify for the .' in the case of A. B. vs. C. D., No , and you may take a bond with sufficient sureties to the party injured, in the sum of , conditioned that he then and there appear and abide the order of the Court. And have there then this writ. Witness {etc.). Form No. 1056 WEIT OF ASSISTANCE {Heading as in original bills.) {Writ directed to the proper officer as the practice of each state may provide.) Whereas on the day of A. D in our Chancery Court at in said County in a certain cause therein pending between A. B., plaintifi, and C. D., defendant, it was ordered, among other things, that the plaintiff have a writ of possession of a certain tract of land described as follows: {Here describe it.) You are, therefore, commanded to cause the said A. B. to have the absolute, exclusive, and peaceable possession of said tract of land, and to remove the said C. D., his agents, and tenants, and all other persons, therefrom, and, if necessary to this end, you will take with you the force of the county. Hereof you will make due return on the day of next. Witness {etc.). Form No. 1057 WEIT OF POSSESSION IN FOEECLOSUEE OF MOETGAGE * STATE OF VERMONT,] County, ss. ( To any Sheriff or Constable in the State, or to an Indifferent Person, Greeting: Whereas A. B., of by the consideration of the Court of Chancery held at within and for the county of , obtained a decree of foreclosure against C. D., of in the county of wherein by said Court it was ordered that unless * The above form is peculiar to the chancery practice of Vermont. WRITS 923 the said C. D. pay to the clerk of this Court for the benefit of the said A. B., the sum of dollars and cents with interest thereon from the day of he, the said C. D., and all persons claiming under him, should be foreclosed and forever barred of all equity of redemption in (here descrihe the premises foreclosed against as described in the decree). And whereas the said C. D. has not redeemed such lands as pro- vided in such decree, therefore. By the authority of the state of Vermont, you are hereby commanded that without delay you cause the said A. B. to have possession of such premises; and that of the goods, chattels or lands of the said C. D, within your precinct, you cause to be levied, and, the same being disposed of as the law directs, paid and satisfied unto the said A. B. one dollar for this writ, and thereof, also, to satisfy your own fees, and for want of goods, chattels or lands of the said C. D. to be shown to you or found within your precinct, to ■ the acceptance of the said A. B., to satisfy such one dollar and your fees, you are commanded to take the body of the said C. D., and him commit to the keeper of the jail in , in the county of within the jail, who is hereby commanded to receive the said C. D. and him safely keep until he pays such one dollar, with your fees, or is discharged by the said A. B., or otherwise, by order of law. Fail not, but service and return make, within days from date hereof. Dated at in the county of , the day of , A. D. 19... X. Y., Clerk. Form No. 1058 WRIT OF SEQUESTRATION B (Heading as in original iills.) To E. F., G. H., L. M., and N. 0.: Whereas on the day of A. D by a cer- tain decree, made in our Court of Chancery, before our Chancellor of our said state held at in said county in a certain cause therein pending between A. B., plaintiff, and C. D., defendant, it was ordered, adjudged and decreed that (set out acts required to 6e done) as by said decree may more fully appear. (If the decree also directs costs, this clause to be inserted: And whereas the costs so decreed, as aforesaid, to be paid by the said C. D., amount to the sum of as taxed by the clerk of our said Court of Chahcery.) And whereas the said C. D. hath neglected to comply with all and singular the matters and things required of him in and by the said decree, as we have been informed and understand, and thereupon our process of contempt has Issued against him. And whereas C. D. has of late absconded, and so concealed himself, that the sheriff Is not able to find him as by the cer- tificate of said sheriff appears. Know ye therefore that we, in con- fidence of your prudence and fidelity have given, and by these presents give to you, or any three or two of you, full power and authority to 6 See Hosack vs. Rogers, 11 Paige (N. Y.), 603, 606 (1845). 924 EQUITY FORMS enter upon all messuages, lands, tenements, and real estate whatso- ever of the said C. D. and to take, collect, recover and sequester into your hands, not only all the rent and profits of the said messuages, lands, tenements, and real estate, but also all his goods, chattels and personal estate whatsoever; and thereupon we command you, any three or two of you, that you do at certain, proper and convenient days and hours, go to and enter upon all the messuages, lands, tenements and real estate of the said C. D. and that you collect, take and get into your hands not only the rents and profits of all his real estates, but also all his goods, chattels and personal estates, and detain and keep the same under sequestration in your hands, until the said C. D. shall clear his contempts, and our said court make order to the contrary. Witness (etc.). Form No. 1059 WEIT OF DISTRINGAS (Heading as in original tills.) (Writ directed to the proper officer as the practice of each state may provide.) We command you, that you make distress upon the lands and tene- ments, goods and chattels, of the president, directors and company, etc. (giving the style of the corporation) within your bailiwick, so that neither the said president, directors and company, of (etc.) or any other person or persons for them, may lay their hands thereon, until our Court of Chancery shall make other order to the contrary; and in the meantime, you are to answer unto us for the said goods and chattels, rents and profits of the said lands so that the said president, directors and company of (etc.) may be compelled to appear before us, in our said Court of Chancery wheresoever it shall then be, there to answer to us, as well touching the contempt, which as it is alleged they have committed against us, as also such other matters and things as shall be then and there laid to their charge, and further to perform and abide such order as our said Court shall make in this behalf: and hereof fail not and bring this writ with you. Witness (etc.). FEDERAL FOEMS INTRODUCTION The following collection of forms and precedents for procedure in the Federal Courts have all been newly secured or drafted by the author with special reference to the new Equity Rules of 1913, and include all forms that are specially required by the latter. The precedents of bills have been taken verbatim either from bills in decided cases where demurrers have been filed or over- ruled, or adapted from others either reported or on the files of the United States Courts, and while the author does not guarantee their correctness, he believes them to be sufficient, and offers them' to the Federal practi- tioner in the belief that they will prove suggestive and helpful, although it should be remembered that no form or precedent ought to be followed slavishly without due regard to the particular circumstances and requirements of the case in hand. 925 .CHAPTER XXXVII FEDEEAL FOEMS FOE BILLS IN EQUITY FORMAL PARTS Form No. 1060 CAPTION OF THE BILL DISTRICT COURT OP THE UNITED STATES District of Division.i A. _.. ^g I In Equity. -:i C. - • No. Foim No. 1061 ADDRESS OF TEE BILL 2 To the Honorable Judge of the District Court for the District of Division. INTRODUCTIONS TO THE BILL 3 Form No. 1062 INDIVIDUAL PLAINTIFF AGAINST DEFENDANT A. B., a resident of in the state of , in the division of the district of and a citizen of the state of , brings this bill of complaint against W. X., a resident of , in the state of , in the division of the district of , and a citizen of the state of and thereupon complains and says: (Then insert the allegations of the Mil in distinct paragraphs num- bered seriatim.) Form No. 1063 ONE PLAINTIFF AGAINST TWO OE MORE DEFENDANTS * A. B., a resident of in the state of , in the division of the district of and a citizen of the state 1 If the district has no division, insert here the docket number of the case, Instead of In the center. 2 The address is not required by Rule 25 of the Federal Equity Rules of 1913, but its use is recommended as appropriate and desirable. 3 As required by the first clause of Rule 25 of the new Federal Equity Rules, in effect February 1, 1913. i Where jurisdiction depends on diversity of citizenship, each plain- tiff must be capable of suing each defendant in the United States Court in order to support the jurisdiction. Strawbridge vs. Curtis, 3 Cranch. 367; Hooe vs. Jamieson, 166 U. S. 395. 926 FEDERAL FORMS FOR BILLS IN EQUITY 927 of brings this bill against X. Y., a resident of on the state of in the division of the district and a citizen of the state of , and E. F., a resident of , in the state of in the division of the district of and a citizen of the state of Form No. 1064 PABTNERS 5 A. B., a resident of in the state of , in the division of the district of and a citizen of the state of and C. D., a resident of , in the state of in the division of the district of and a citizen of the state of under the firm name of B. & D. bring this bill, etc. Form No. 1065 CORPORATIONS A. B., a corporation organized and existing under the laws of the state of having its principal oflSce in the city of , in said state of in the division of the district of and a citizen of said state of brings this bill, etc. Form No. 1066 TOWN OF NEW ENGLAND The inhabitants of the town of a municipal corporation organized under the laws of the state of and situated in the county of , in said state, and a citizen of said state, brings this bill, etc. Form No. 1067 COUNTY The inhabitants of the county of a municipal corpora- tion organized and existing under the laws of the state of and situated in said state, and a citizen of said state brings this bill, etc. Form No. 1068 THE UNITED STATES AGAINST A CORPORATION The United States of America brings this bill of complaint against X. Y., a corporation organized and duly existing under the laws of the state of and located and having its principal place of business at , in said state in the district of 5 Where jurisdiction depends on diversity of citizenship, the citizen- ship of each and every one of the partners must be shown and each and every one must be capable of suing each and every defendant in the United States Court. Great Southern Fire Proof Hotel Co. vs. Jones, 177 U. S. 457. 928 EQUITY FORMS Form No. 1069 ADMINISTEATOE, EXECTJTOE AND TRUSTEE 8 A. B., a resident of , in the state of in the division of the district of , and a citizen of the state of administrator (or trustee) of the estate of (or executor of the last will of) C. D., deceased, late a citizen of the state of residing at in said state, brings this biU, etc. Form No. 1070 TEUSTEES IN BANKEUPTCT 7 A. B., of (state), to , trustee of the estate in bank- ruptcy of C. D., a resident of , in the state of In the division of the district of , and a citizen of the state of , brings this bill, etc. PARTIES UNDEE DISABILITY s Form No. 1072 INTANT9 A. B., a resident of , in the state of , in the division of the district of , and a citizen of the state of , an infant under the age of twenty-one years, by C. D., his next friend, brings this bill, etc. Form No. 1073 LUNATIC 10 A. B., a resident of , in the state of , in the division of the district of and a citizen of the state of , a lunatic (or non compos mentis) by C. D., his guardian, brings this bUl, etc. 8 Jurisdiction in the case of a suit brought by an administrator, executor or trustee depends on the citizenship of the administrator, executor or trustee. Continental Life Ins. Co. vs. Rhoads, 119 U. S. 237. 7 By the terms of the Bankruptcy Act of 1898, § 23, jurisdiction depends on the citizenship of the bankrupt, and not of the trustee in bankruptcy. 8 The new Equity Rule 25 specifies that if any party be imder dis- ability that fact shall be stated. 9 Jurisdiction depends on citizenship of infant, not on that of his next friend or guardian. Toledo Traction Co. vs. Cameron, 137 Fed. 48. If, however, the right of action is vested in the guardian it is the guardian's citizenship that controls. Mexican Central Railway Co. vs. Eckman, 187 U. S. 429. 10 Jurisdiction depends on citizenship of lunatic and not on that of the next friend. Wiggins vs. Bethune, 29 Fed. 51. FEDERAL FORMS FOR BILLS IN EQUITY 929 Form No. 1074 WIFE BY NEXT FRIEND A. B., a resident of , in the state of , in the , division of the district of ., and a citizen of the state of , wife of a D., of state of by E. P., of , state of , her next friend, brings this bill, etc. Form No. 1075 ALIEN AGAINST A CITIZEN A. B., a resident of in the province of and a subject of the king (or queen, or emperor, or citizen of the Republic) of B., brings this bill against C. D., a resident of in the state of in the division of the district of and a citizen of the state of Form No. 1076 GROUNDS OF JURISDICTION " For a statement of the grounds upon which this Court's jurisdiction depends the plaintiff says that: a. This is a suit in equity between citizens of different states and the matter in controversy herein, exclusive of interest and costs, ex- ceeds the sum of three thousand (3,000) dollars; or b. This is a suit in equity between citizens of a state and foreign subjects and citizens (or foreign states as the case may 6e) and the matter in controversy herein, exclusive of interest and costs, exceeds the sum of three thousand (3,000) dollars; or c. This is a suit in equity arising under the Constitution and laws of the United States (or treaties made under the authority of the United States), and that the matter in controversy herein exceeds the sum of three thousand (3,000) dollars; or d. This is a suit in equity brought by the United States as plain- tiff; or e. This is a suit in equity brought by an officer of the United States authorized by law to sue, to-wit: (State the official title of the officer) ; or f. This is a suit in equity between citizens of the same state claim- ing lands under grants from different states; or g. This is a suit in equity arising under the patent laws of the United States; or h. This is a suit in equity arising under the copyright laws of the United States; or i. This is a suit in equity brought by the plaintiff as trustee in bank- 11 In compliance with the second clause of Rule 25 of the Federal Equity Rules of 1913. This clause refers to those grounds which bring the case within the jurisdiction of the Federal courts as distinguished from any other courts, and not to a statement of the facts bringing the case under some recognized head of equity jurisdiction. The latter are to be found in the statement of the ultimate facts upon what the plaintiff orders relief referred to in clause third of Rule 25, numerous forms and precedents for which are given. 930 EQUITY FORMS ruptcy under the provision of the Bankruptcy Act of 1898 as amended, to recover a preference under section 60b of said act (or to set aside a fraudulent conveyance under section 67e of said act, or to avoid a transfer of property by the bankrupt under section 70e of said act, (w the case may 6e). PRAYERS Form No. 1077 PEAYEE FOE EILLTEF In consideration whereof and for as much as the plaintiff is without adequate remedy, save in a court of equity, the plaintiff prays: (Then follows the specific relief asked for. For forms see under different Mils.) Form Ko. 1078 SHOET FOEM OF PEAYEE FOE EEa:jEF Wherefore the plaintiff prays: Form No. 1079 PEAYEE FOE GENEEAL EELIEF 12 And that the plaintiff may have such other and further relief as the nature of the case may require. Form No. 1080 PEAYEE FOE PEOCESS The plaintiff further prays this Honorable Court to issue its writ of subpoena, in due form of law and according to the course and prac- tice of the Court, directed to the said , the defendant as afore- said, commanding him at a certain day and under a certain penalty to be therein specified to appear before this Honorable Court to answer la all and singular the matters and things hereinbefore set forth and com- plained of and to stand by and abide and perform all the orders and decrees of the Court herein. Form No. 1081 PEAYEE FOE WEIT OF INJUNCTION AND SUBPOENA And may it please this Honorable Court to grant the plaintiff its writ of injunction directed against the said (naming defendants) re- 12 The prayer for general relief is not required by Rule 25 of the Federal Equity Rules of 1913, but its use is recommended as appro- priate and desirable. 13 If an answer under oath is desired, insert here the words "under oath." If the oath is to be waived, insert after the words "complained of," the words, "but not under oath, an answer under oath being herehy expressly waived." Under Rule 28 of the new Equity Rules of 1913, interrogatories are provided for and required to be under oath; consequently, there would seem to be no occasion now for requiring an answer under oath, since the conscience of the defendant can be more specifically and thoroughly searched by employment of interrogatories. FEDERAL FORMS FOR BILLS IN EQUITY 931 straining them, their attorneys, agents or servants from, etc. (setting out the acts to be restrained) and also to issue its writ of subpoena, etc., (as in prayer for simple subpoena). SPECIAL FORMS FOR SIGNATURE " Form No. 1082 CORPORATION The Company, ........ By A. B., , President, Solicitor for Plaintiff. (or other authorized officer). Form No. 1082a MUNICIPAL CORPORATION The Inhabitants of the Town (or City of County) of By C. D., their attorney (or agent). Solicitor for Plaintiff. Form No. 1082b ADMINISTRATOR, EXECUTOR AND TRUSTEE A. B., Administrator (or Trustee) of the Estate of C. D. (or executor of the last will of C. D.) Solicitor for Plaintiff. Form No. 1082c TRUSTEE IN BANKRUPTCY A. B., Trustee in Bankruptcy of C. D. Solicitor for Plaintiff. Form No. 1082d GUARDIAN OR NEXT FRIEND A. B., By his guardian (or next friend). Solicitor for Plaintiff. 1* Bills do not necessarily have to be signed by the plaintiff. Signa- ture of counsel is, however, necessary and counsel should sign individ- ually. Eq. Rule 24. 932 EQUITY FORMS Form No. 1083 VKEinCATION' 15 UNITED STATES OF AMERICA District ot State of . . . :f County of '' ^®' On this day of 19. ., personally appeared A. B., the plaintiff in the above entitled case, and made oath that he had read the foregoing bill of complaint (or answer) -subscribed by him, and knows the contents thereof, and that the same is true of his own knowl- edge, except as to the matter therein stated on information and belief, and as to those matters he believes them to be true. Before me, CD. (Oj^cto? title.) Form No. 1084 VEEITICATION BY A CORPORATION UNITED STATES OF AMERICA District of State of . . County of On this day of , 19 . . , before me personally ap- peared E. F. and made oath that he is the president {or other duly qualified officer) of the A. B. company, the plaintiff in the foregoing bill of complaint; that he is duly authorized to sign and make oath to the same, and that he knows the contents thereof, that the allegations therein contained are true of his own knowledge, except the matters stated to be on information and belief, and as to those matters he believes them to be true. :| (Official title.) PRECEDENTS OP BILLS IN EQUITY is Form No. 1086 BILL TO FORECLOSE RATLBOAD MORTGAGE it (Gaption, Address.)' B. Trust Company brings this its bill of complaint against C. and E. Illinois Railroad Company, and W. J. J. and B. W. W., as receivers of said railroad company, and thereupon the plaintiff complains and alleges: IS Verification of bill is not necessary unless special relief is sought pending the suit. Eq. Rule 25. For persons before whom verifications may be made see Eq. Rule 36. i« In bills to foreclose and to redeem mortgages of real estate the Federal courts follow the practice in vogue in the jurisdiction where the land Is situated. Singer Mfg. Co. vs. McCoUock, 24 Fed. 667. See forms and precedents in the several states. 17 Taken from the files of the U. S. District Court, Northern District of Illinois, Eastern Division. FEDERAL FORMS FOR BILLS IN EQUITY 933 I. The plaintiff, B. Trust Company, at all the times hereinafter men- tioned, since March 25, 1903, was, and it now is, a corporation organized and existing under the laws of the state of New York, having its office and principal place of business in the borough of Manhattan, city and county of New York, in said state, and a citizen of said state of New York and a resident of the southern district of New York. II. The defendant, C. and E. Illinois Railroad Company (hereinafter called the "Railroad Company"), is a corporation organized and exist- ing under the laws of the states of Illinois and Indiana, having its office and principal place of business in the city of Chicago, in said state of Illinois, and a citizen of each of said states and a resident of the north- ern district of Illinois. The defendant, W. J. J., receiver of the Railroad Company, is a citizen' and resident of Chicago, in the state of Illinois, and a resident of the northern district of Illinois. The defendant, E. "W. W., receiver of the Railroad Company, is a citizen and resident of New York, in the state of New York, and a resident of the southern district of New York. III. Heretofore the Railroad Company in the due exercise of the powers and authority by it in that behalf possessed, authorized the issuance from time to time of its refunding and improvement gold bonds (hereinafter called the "Bonds"), limited to the aggregate prin- cipal amount of $55,000,000 at any one time outstanding, bearing inter- est at the rate of four per centum per annum, and by due corporate action secured the payment of the bonds from time to time issued by the execution and delivery of a mortgage or deed of trust to the plain-' tiff, as trustee, known as the refunding and improvement mortgage (hereinafter caUed the "Mortgage") of the Railroad Company, bearing date July 1, 1905, a copy of which is annexed to this bill of complaint, marked Exhibit A, and is hereby incorporated herein by this reference thereto. Thereafter and as of the same date, to-wit, July 1, 1905, the Railroad Company and the plaintiff, as trustee under the mortgage, entered into an agreement (hereinafter called the "Supplemental Agreement"), supplementary to the mortgage, and under the supple- mental agreement it was among other things declared that all locomo- tives, engines, cars and other rolling stook owned by the Railroad Com- pany on July 1, 1905, were and were intended to be a part of the premises mortgaged and conveyed to the plaintiff, as trustee, by the mortgage, and the same were by the supplemental agreement specif- ically granted, bargained, sold, assigned and conveyed to the plaintiff, as trustee, upon the trusts of the mortgage. A copy of the supplemental agreement is hereto annexed, marked Exhibit B, and is hereby incor- porated herein by this reference thereto. The mortgage and the sup- plemental agreement, upon the execution and delivery thereof, respect- ively, were respectively, promptly and duly recorded in the proper office in each and every county wherein any of the mortgaged property was situated. IV. In the exercise of its lawful powers, the Railroad Company from time to time made and executed the bonds in the aggregate prin- cipal amount of $18,019,000, each of which bonds contained its promise, for a valuable consideration, to pay on July 1, 1955, to the bearer 934 EQUITY FOEMS thereof, or, if registered, to ttie registered holder thereof, the principal sum represented by such bond, in gold coin of the United States of America, of or equal to the standard of weight and fineness existing July 1, 1905, and to pay interest thereon at the rate of four per centum per annum on the first day of January and the first day of July in each year until said principal sum should be paid. V. By the mortgage and the supplemental agreement, the Railroad Company, in order to secure the payment of the principal and interest of the bonds from time to time issued, and further to secure the per- formance and observance by it and its successors of all the covenants and conditions therein contained, and to declare the terms and con- ditions upon which the bonds were to be issued and for other good and valuable considerations, granted, bargained, sold, aliened, remised, released, conveyed, confirmed, assigned, transferred, set over, mort- gaged and hypothecated unto the plaintiff, as trustee, the following described real and personal property: All the estate, right, title, interest and property then belonging to the Railroad Company, or that thereafter might be acquired by the Railroad Company, of, in and to First. All and singular the following described lines of railroad owned by the Railroad Company. (Set out description.) Second. The following described leasehold and trackage rights of the Railroad Company: (^ef out description.) Third. All lines of railway, extensions and branches, including the franchises and rights appertaining thereto, and all telegraph and tele- phone lines, including all poles, wires and instruments, and also all locomotives, engines, cars and other rolling stock and floating equip- ment, and any property, whether real or personal, of any name or description, which, from time to time, in the manner in the mortgage provided, might be constructed, purchased or otherwise acquired by the Railroad Company by the use of any of the bonds issued under the mortgage, or under its general consolidated and first mortgage to Central Trust Company of New York, as trustee, dated November 1, 1887, or by the use of the proceeds of any of such bonds. Fourth. The following described appurtenant property and rights of the Railroad Company: (Set out description.) Fifth. All locomotives, engines, cars and other rolling stock owned by the Railroad Company on the 1st day of July, 1905. Subject, however, as to certain of the property in the foregoing clauses first to fifth, inclusive, to various prior liens upon the same or portions thereof. VI. Since the execution of the mortgage the following real prop- erty, situate, lying and being in the village of Longview, Champaign county, state of Illinois, has been granted, conveyed and mortgaged to the plaintiff, as trustee under the mortgage, by a supplemental mort- gage executed by the Railroad Company, bearing date August 15, 1908: (Description.) Subject, however, to the prior lien of said general and consolidated FEDERAL FORMS FOR BILLS IN EQUITY 935 first mortgage of the Railroad Company to Central Trust Company of New York, as trustee, dated November 1, 1887. VII. Since the execution of the mortgage the Railroad Company has acquired certain other lands, tenements, easements, railways, ways, rights of way, grants, tracks, depots, station houses, superstructures, bridges, erections, fixtures, equipment, rights, interests, effects and franchises, and divers other real and personal property appurtenant to the lines of railway embraced in the mortgage or for use in connection therewith. The exact character and extent of such other properties so subsequently acquired, the plaintiff is unable at this time accurately and definitely to state, but it alleges on information and belief that all such properties so subsequently acquired, became on the acquisition thereof subject to the lien of the mortgage. VIII. The $18,019,000 principal amount of the bonds so executed and issued were duly authenticated by the endorsement thereon of the certificate of the plaintiff, as trustee, as provided in and by the mort- gage, and the bonds so authenticated were duly issued and delivered by the plaintiff pursuant to the provisions of the mortgage, and the plain- tiff is informed and believes, and therefore alleges, that the bonds so authenticated and delivered (except $2,023,000 principal amount thereof, which, as the plaintiff is informed and believes and therefore alleges, are owned and held by the Railroad Company or by the de- fendants, W. J. J. and E. W. W., as receivers of the property of the Railroad Company) have all been duly issued, negotiated, sold and delivered by the Railroad Company and that all of the bonds so authenticated and delivered (except as aforesaid) are now outstanding and valid obligations of the Railroad Company in the hands of divers persons, firms and corporations, who are hona fide holders thereof for value. IX. On or about May 27, 1913, Railway Steel-Spring Company, alleg- ing itself to be a creditor of the Railroad Company, filed in this Court its bill of complaint against the Railroad Company, and alleging the inability of the Railroad Company to meet its obligations, prayed for the appointment of receivers of the property of the Railroad Company. Such proceedings were thereupon had in such suit that by an order entered on or about May 27, 1913, this Court appointed the defendants, W. J. J. of , and E. W. W. of , as receivers of the prop- erty of the Railroad Company under said bill. Said defendant receivers so appointed on or about said 27th day of May, 1913, duly qualified as such receivers and as such receivers entered upon and took possession of the lines of railroad and other properties of the Railroad Company, including the lines of railroad and other properties embraced in the mortgage, and have since used and operated the same, and now are, as such receivers, in possession thereof and operating the same. The plaintiff is informed and believes, and therefore alleges, that within ten days after the appointment of said receivers, duly certified copies of said bill of complaint and of said order were filed and entered in the District Court of the United States for the district of Indiana, in the District Court of the United States for the eastern district of Illinois, and in the District Court of the United States for the southern district of Illinois, those being the only other districts of this circuit in which 936 EQUITY FORMS any portion of the property of the Railroad Company then lay or was situated, all as provided by section 56 of the Judicial Code. Prior to the filing of this bill of complaint, and on or about the 15th day of June, 1914, this Honorable Court entered an order in said cause, granting the plaintiff leave to join said receivers and each of them as parties defendant to this suit. X. The Railroad Company made default in the payment of interest due July 1, 1914, upon the bonds issued and outstanding under and secured by the mortgage, and such default still continues. The plaintiff is informed and believes, and therefore alleges, that demand was duly made at the place named in the mortgage and in the bonds, for the payment of said installment of interest or some part thereof, due upon the bonds on J^lly 1, 1914, as tiforesaid. Said demand was made on or about July 1, 1914, but payment of said installment of interest was re- fused and neither on said July 1, 1914, nor at any time since, did tlie Railroad Company provide at the place where said installment of inter- est was payable, or elsewhere, any funds with which to pay said install- ment of interest or any part thereof, and the plaintiff alleges that no part of said installment of interest has been paid by the Railroad Com- pany or by any other person or corporation on its behalf or otherwise, and that the whole of said installment of interest upon the bonds issued and outstanding as aforesaid, remains due, owing and unpaid, and that said installment of interest which became due July 1, 1914, and in respect to the payment of which the Railroad Company became liable as aforesaid, amounted to the sum of $360,380. XI. Section 2 of article five of the mortgage provides among other things that if an order shall be made for the appointment of a receiver of the Railroad Company or of the trust estate, which event is in said section termed an event of default, the trustee (being the plaintiff herein) personally or by its agents or attorneys, may enter into and upon the railways, rolling stock, property and premises, lands, rights, interests and franchises, tolls, earnings, income, rents, issues and profits, conveyed or intended to be conveyed by the mortgage, and may conduct the business of the Railroad Company and of its prop- erties to the extent and in the form and manner set forth in the mortgage. Section 4 of article five of the mortgage further provides as follows: "Section 4. In case any default specified in section 2 of this article five shall be made and such default shall continue as in stiid section 2 of this article five specified, then, and in each and every such case of default, the trustee, with or without entry, personally or by attorney, in its discretion either "(a) may sell, subject to the liens thereon which then shall be prior and superior to the lien of this indenture, to the highest and best bidder, all and singular the mortgaged property and premises, includ- ing rights, franchises, interests and appurtenances, and other real and personal property of every kind; and all right, title and interest, claim and demand therein, and right of redemption thereof, in one lot and as an entirety, unless a sale in parcels shall be required under the provisions of section 6 of this article five, in which case such sale shall be made in parcels, as in said section 6 provided; which sale or FEDERAL FORMS FOR BILLS IN EQUITY 937 sales shall be made at public auction at such place in the city of Chi- cago, in the state of Illinois, or at such other place, and at such time, and upon such terms as the trustee may fix and briefly specify in the notice of sale to be given as herein provided or as may be required by law; or "(6) may proceed to protect and to enforce its rights and the rights of the bondholders under this indenture, by a suit or suits in equity or at law, whether for the specific performance of any covenant or agreement contained herein, or in aid of the execution of any power herein granted, or for the foreclosure of this indenture, or for the en- forcement of any other appropriate legal or equitable remedy, as the trustee, being advised by counsel learned in the law, shall deem most effectual to protect and enforce any of its rights or duties hereunder." The mortgage further provides, in section 11 of article five thereof, that in case of a sale of the trust estate made under the power pt sale granted by the mortgage, or pursuant to judicial proceedings, the principal sums of the bonds, if not previously due, shall immediately thereupon become and be due and payable. An order having been niade for the appointment of receivers of the Railroad Company and of the trust estate under the mortgage, the plaintiff has become entitled to sell the trust estate and to enforce such rights, as well as its other rights, and the rights of the holders of the bonds, by a suit or suits in equity or at law or otherwise as set forth in said section 4 of article five of the mortgage. XII. It is further provided in section 16 of article five of the mort- gage that upon the filing of a bill in equity or the commencement of any other judicial proceedings to enforce any rights of the trustee (being the plaintiff herein), or of the holders of the bonds, the trustee shall be entitled to exercise the right of entry, and also any and all other rights and powers conferred by the mortgage and provided to be exercised by the trustee upon the occurrence and continuance of default as therein defined, as therein provided, and that as a matter of right the trustee (being the plaintiff herein) shall be entitled to the ap- pointment of a receiver of the premises subject to the mortgage, and of the earnings, income, revenue, rents, issues or profits thereof, with such powers as the Court making such appointment shall confer. XIII. The Railroad Company is insolvent and is unable to pay and discharge its debts and liabilities as they mature. XIV. No proceedings at law have been had nor any action com- menced to recover the principal of the bonds or the coupons appurte- nant thereto. ^ XV. The mortgaged lines of railroad and appurtenant property are now in the possession of this Court and of said other Court through the receivers appointed in said suit hereinabove set forth. XVI. This is a civil suit in the nature of a suit in equity, and the matter in dispute exceeds, exclusive of interest and costs, the sum of $5,000. Wherefore, the plaintiff prays as follows: (1) That the mortgage and the supplemental agreement, and all other agreements supplemental to the mortgage, may be foreclosed. (2) That the mortgage may be decreed and established as a lien in 938 EQUITY FORMS accordance with its terms upon all and singular the railroads, proper- ties and franchises of the Railroad Company by the mortgage and the supplemental agreement, and any other agreement supplemental to the mortgage, pledged or mortgaged or intended so to be, whether owned by the RaUroad Company at the time of the execution of the mortgage or thereafter acquired by it, and upon the tolls, revenues, earnings, income, rents, issues and profits thereof, and that it be de- creed that an event of default as defined in the mortgage has occurred, and that by reason thereof the plaintiff, as trustee under the mortgage, is entitled under the terms thereof to exercise the right of entry and the power of sale thereby conferred and the other rights in that behalf thereby granted, and, in the event of the happening of an event of default, thereby authorized to be exercised. (3) That the plaintiff, as trustee under the mortgage, or a master in chancery or special commissioner to be appointed in this cause, be authorized to sell under the direction of this Court, in the exercise of the rights and powers conferred by the mortgage, said mortgaged and pledged railroads, properties and franchises, subject to such prior liens, as may be found to exist thereon, and that the net proceeds of such sale, after the payment of the expenses thereof and of this suit, be applied to the payment of the amounts unpaid upon the principal and interest of the bonds, and the balance, if any, as this Court may direct. (4) That a receiver or receivers be appointed in this cause, with power to take and hold possession of the railroads, properties and franchises of the Railroad Company included in or covered by tlie mortgage, and the tolls, revenues, earnings, income, rents, issues and profits thereof, and the proceeds thereof, with power to operate said railroads and properties and with all such powers and authority as may be required to preserve the same until the sale thereof as the same may be decreed and ordered by this Court, and to secure the tolls, revenues, earnings, income, rents, issues and profits of said railroads, properties and franchises to the use of the holders of the bonds issued under the mortgage, and with such other powers and authorities as this Court may direct. (5) That the Railroad Company and its and every of its officers, directors, agents and employees, and all other persons claiming or pre- tending to claim under it, may be restrained by injunction of this Court from interfering with or disposing of the railroads, properties and franchises mortgaged and pledged under the mortgage or any part thereof, or any of the earnings and income therefrom, or proceeds thereof. (6) That the defendants answer all and singular the allegations, but not under oath (answer under oath being hereby expressly waived), and that the plaintiff may have such other and further relief in the premises as the nature and circumstances of the case require and as to your Honors may seem fit. May it please your Honors to grant unto the plaintiff not only a writ of injunction conforming to the prayer of this bill, but also to grant a writ of subpoena, to be issued by and out of this Court, to be directed to the defendant Railroad Company, acd to the defendants, FEDERAL FORMS FOR BILLS IN EQUITY 939 1 W. J. J. and E. W. W., as receivers of the Railroad Company, commanding them at a certain time and under a certain pen- alty to be therein specified, to be and appear before this Court then and there to answer the allegations, but not under oath (answer under oath being hereby expressly waived), and to abide by the order and decree of the Court herein, and that the defendants may appear herein according to law. B. T. Company, By , Vice-President. (Signatures of solicitors for plaintiff.) (Verification.) Form No. 1087 BILL BY SECOND MORTGAGEE UNDER RAILWAY MORTGAGE FOR ACCOUNTING AND OTHER RELIEF is (Caption, Address, Introduction.) 1. For a statement of the grounds upon which this Court's jurisdic- tion depends, the plaintiff says that this is a suit in equity between citizens of different states and that the matter in controversy herein exclusive of interest and costs exceeds the sum of three thousand ($3,000) dollars. 2. The defendant, the X. Railroad Company, owns a steam railroad running from A. to B. in the state of 3. On the day of 19 . . , the said X. Railroad Com- pany made, executed and issued and, for value, delivered to various per- sons and corporations 23,000 bonds certified by the plaintiff as trustee, numbered from one upwards, of which bonds 17,000 of them were of the denomination of $1,000 each and 6,000 were of the denomination of $500 each, amounting in the aggregate to the sum of twenty million dollars, bearing Interest at the rate of 4 per cent per annum, payable semi-an- nually on the presentation and surrender of the respective interest coupons annexed. 4. To secure the payment of the said bonds and interest coupons, the defendant, the X. Railroad Company, conveyed all its property to the plaintiff by second mortgage dated , 19 . . , with this provision in section 4, "but the covenant to pay the interest coupons belonging to said bonds is subject to the following condition and agreement. The said company shall render each six months an account of the gross earnings, income, receipts, interest, dividends, or profits received from the said mortgaged property. It shall charge against such gross earnings all operating expenses, taxes, repairs, renewals, replace- ments and insurance, and in each statement it shall charge six months' interest on the forty million dollars of first mortgaged bonds. Such net earnings as shall remain after the charges above specified shall be made shall be applied to the payment of said coupons." 5. The first coupons upon all of the bonds matured , 19. ., and the defendant neglected and refused to render any such account for the six months ending on that date. The plaintiff is informed and be- lieves and therefore avers that the defendant claims and represents that IS This bill is based upon the facts in the case of Mercantile Trust Co. vs. Missouri, Kansas & Texas Railway Co., 84 Fed. 379. 940 EQUITY FORMS there were no net earnings derived from said mortgaged property as de- fined by said section 4 of said mortgage for the six months ending , 19 . . , but the plaintiff is informed and believes, and therefore avers, the statements and representations of said defendant are wholly untrue and false. To the contrary thereof, the plaintiff avers upon in- formation and belief that the net earnings on said mortgaged premises as defined in said mortgage for the said six months ending 19 . . , were made and received and exceeded to a very large sum, to-wit, a sum in excess of the amount of interest represented by all the coupons maturing upon said date. 6. The plaintiff avers on information and belief that a large portion of the earnings for the period ending 19 . . , were applied to and paid out for expenditures other than those particularly defined in said section 4, including amounts paid for new side tracks, new build- ings and equipment, aggregating to, the plaintiff is informed and believes, a sum upwards of $900,000. 7. And the plaintiff further avers upon like information and belief that the said defendant has continued to apply, and threatens further to apply, large amoimts of the earnings of said mortgaged premises to like purposes not included in the specific provisions of said section 4. In this behalf the defendant avers on information and belief that the defendant has entered into agreements whereby it has undertaken to pay and guarantee the payment of the following obligations. (1) (etc.) 8. The plaintiff upon information and belief further avers that the defendant proposes and intends to apply the earnings and revenues of the property covered by said second mortgage to the plaintiff as trus- tee to the payment and accomplishment of said guarantees in prefer- ence to the payment of the coupons of the said second mortgage bonds. Whereupon the plaintiff prays: 1. That a writ of injunction may be issued under the sgal of this Court perpetually enjoining and restraining the defendant, its officers, agents, and attorneys from applying contrary to the conditions of section 4 of said mortgage any of the net earnings or income from the premises described in said second mortgage of the defendant as the same are therein defined to any other or different use or purpose than the payment of the coupons of interest of said second mortgage bonds as the same have matured or may mature until said coupons have been paid in full for such net earnings during the six months to which such coupons respectively apply. 2. That an account may be taken of the earnings for the six months ending 19 . . , and that payment may be made of the coupons maturing , 19- ., out of the net earnings. (Add prayer for general relief and for process.) (Signatures of plaintiff and solicitors.) (Verification.) FEDERAL FORMS FOR BILLS IN EQUITY 941 Form No. 1088 BILL TO POEEOLOSE A CONDITIONAL CONTRACT, WITH PRAYER POR INJUNCTION, RECEIVER AND WRIT OF ATTACHMENT " (Title, Address.) Bucyrus Company, a corporation duly organized and existing under and by virtue of the laws of tlie state of Wisconsin, having its principal place of business at South Milwaukee, in the state of Wisconsin, and a citizen and resident of said state, brings this its bill of complaint against M. T. M. (whose christian name is unknown) a citizen and resi- dent of the state of Tennessee residing in, to-wit, Johnson City, Wash- ington county, eastern district thereof, and thereupon plaintiff alleges: 1. The grounds for jurisdiction of this Court are briefly as follows : (a) Diversity of citizenship exists between the parties, plaintiff and defendant as above set forth; (b) The amount in controversy exceeds exclusive of interest and costs, the sum of three thousand dollars ($3,000) ; (c) This is a suit in equity brought to foreclose a mortgage. 2. Heretofore on, to-wit, August 22, 1912, plaintiff proposed to the said defendant, M. T. M., of Johnson City, Tennessee, to furnish one 18-B revolving steam shovel in accordance with certain specifications at- tached to said proposal for the sum of forty-five hundred dollars ($4,500) payable as follows, to-wit, one thousand dollars ($1,000) cash on shipment from plant of plaintiff at Evansvllle, Indiana; balance, one, two and three months from date of acceptance of said shovel. These deferred payments to be evidenced by notes of equal amounts with in- terest at six per cent (6%) per annum. 3. It was further provided in and by said proposal that title to said shovel should remain in plaintiff, Bucyrus Company, until said contract price and all notes given therefor or renewals thereof shall have been paid, principal and interest. 4. It was further provided in said proposal that the said M. T. M. should agree to do all acts and to execute all further Instruments on demand which might or may be necessary in the opinion of Bucyrus Company to the retention of title to said shovel in said Bucyrus Com- pany. 5. It was further provided in said proposal that until the said con- tract price and any notes given therefor should or shall have been paid, said shovel shall or should not be removed from or beyond the limits of the county in which it was shipped, placed and erected as ordered and directed by said defendant. 6. It was further provided in said proposal that the purchaser there- under should be responsible for all damages to said shovel and would and should keep the same in good repair. 7. Said proposal was thereafter on, to-wit, August 24th, 1914, duly accepted by defendant, M. T. M. It thereupon became and was a contract between Bucyrus Company and said M. for the purchase and sale of the said steam shovel, all of which will more fully and at large 18 Taken from the files of the U. S. District Court, fiddle District of Tennessee. 942 EQUITY FORMS appear from a copy of said proposal and specifications, together with the acceptance thereof hereto attached and made a part hereof, and to which reference is hereby made, the same being marked "Exhibit A," the original of which is ready to be produced in Court. 8. In and by said proposal and contract it was further provided that on any failure on the part of the purchaser to perform any of the covenants of said agreement or to make payment of purchase price, or any part thereof, when due, as provided, the said Bucyrus Com- pany might sue and recover for the same, together with interest and at its option take possession of said shovel without notice. 9. Shortly after August 24th, 1912, plaintiff, Bucyrus Company, furnished one 18-B revolving steam shovel in accordance with the speci- fications aforesaid; and pursuant to the directions of defendant, M., acting under said agreement, the same was shipped to, to-wit, Pulaski, Giles county, Tennessee, erected and put in operation in said county at or near Pulaski first above named, has since been and remained in said county and is now within the district of this Court above named. 10. Said shovel was tested pursuant to the terms of said con- tract and on, to-wit, September 5, 1912, found to be in accordance with the specifications attached to the proposal or contract aforesaid, and accepted by said M. T. M. 11. An 18-B revolving steam shovel of the kind and character described in said proposal and specifications aforesaid, sind furnished by the plaintiff, Bucyrus Company, to the said defendant, M. T. M., under the proposal and contract aforesaid, was and is a well known and definite article concerning which there are no implied warranties either as to working capacity or otherwise. 12. The instrument in writing which constitutes and comprises the agreement and contract under which the said steam shovel was furnished was at the time of the making thereof, signed and delivered by the parties thereto and, to-wit, September 5, 1912, acknowl- edged before a Notary Public in and for the county of Washington, state of Tennessee, where the said M. T. M. then resided. 13. The defendant, M. T. M., has paid on account of the contract price of said shovel to date the sum of twenty-seven hundred and fifty dollars ($2,750) as principal, and the simi of seventeen hundred and fifty dollars ($1,750) thereof, still remains due and unpaid, and heretofore on, to-wit, the 24th day of May, 1913, at which date the said sum of money was due according to certain renewal and exten- sion agreements granted and entered into at the request of the said McArthur, said defendant made and executed his two certain promis- sory notes of that date in amount of eight hundred and seventy-five dollars ($875) each, payable seven and eight months from date thereof respectively, with interest at the rate of six per cent (6%) per annum, to the order of said Bucyrus Company and delivered the same to plain- tiff to further evidence the balance due under said contract. Said notes are now held and owned by the plaintiff due and unpaid and there is due thereon the sum of seventeen hundred and fifty dollars ($1,750), together with interest thereon at the rate of six per cent t6%) per annum, from May 24th, 1913, to date, and the said notes were pre- sented at maturity for payment and upon refusal of the said defendant FEDERAL FORMS FOR BILLS IN EQUITY 943 to pay, the same were protested, and the amount of protest fees ap- pears and is included in the account stated hereinafter mentioned. 14. At the time of accepting said renewal notes there was due certain back or earned interest on the contract price of said shovel to the amount of 100.27 dollars, together with protest fees on other notes of the said defendant taken by plaintiff under said contract which had gone to protest by reason of defendant's failure to pay the same at maturity, said amount being hereafter shown and included in the account stated hereafter described and mentioned in paragraph 19 thereof. 15. On or before the first day of January, 1914, plaintiff fur- nished said defendant at his special Instance and request, acting under the proposal and contract aforesaid, to-wit, at Pulaski, Tennessee, with materials, repair and repair parts, services of expert mechanics and engineers and traveling expenses therefor, on account of said revolving ' steam shovel, which materials were later attached and entered into the same; the services of the said expert mechanics and engineers were performed and furnished by this company acting by and under the direction of the said defendant in and about the operation, repair and erection of the said steam shovel after the acceptance thereof and as additional services under said contract upon the further promise of the said M. T. M. to pay therefor at the rates charged and billed, including traveling and other expenses in connection therewith; and thereafter on, to-wit, January 2, 1914, an account was stated by and between the plaintiff and defendant, which included the sums due as reasonable value and contract price for repairs, labor, service and materials furnished, and heretofore mentioned; the larger portion of said work, labor and materials were furnished and supplied and entered into the construction and repair of the said steam shovel during the twelve months last passed before the filing of this bill, and under the statutes of Tennessee, in such case made and provided, by virtue thereof, a lien is given and exists in favor of this plaintiff for the amount of the value thereof, upon the said steam shovel. Said account shows a balance due to the plaintiff from said defendant of seven hundred and three dollars and six cents ($703.06), which amount has not been paid to the plaintiff in whole or in part by said defendant, copy of same is hereto attached as "Exhibit B." 16. The two notes above mentioned as well as the notes for which the same were given in renewal, by their terms state that they were and are collaterally secured by the contract aforesaid, and are in words and figures as shown by the two copies attached marked "Ex- hibit B." 17. The protest fees paid by plaintiff on accoimt of the defend- ant's dishonor, neglect and refusal to pay the two said notes of eight hundred and seventy-five dollars ($875) each, dated May 24, 1913, aihount to the sum of five dollars ($5.00). 18. Plaintiff further states that there is due from defendant, M. T. M., in addition to the sums named aforesaid, the sum of six hundred and eighty-seven dollars and fifty cents ($687.50) together with inter- est thereon at the rate of six per cent per annum from May 24, 1913, to date, on account of goods furnished to said M. T. M., by plaintiff. 944 EQUITY FORMS at, to-wit, Elkhorn City, Kentucky, under a conditional sale contract between the parties hereto, said contract providing that until the full amount of the contract price had been paid, title to the said goods should be and remain in the plaintiff herein, and said amount last named being the balance still due on said contract price, and being evidenced by a certain promissory note made ajid executed by the said M. T. M. and held and owned by the undersigned in said sum, a copy of which is hereto attached as "Exhibit D," and which by its terms was due and payable on the 24th day of December, 1913, and the further sum of three hundred and twenty-nine dollars and forty-nine cents ($329.49) on an account stated by and between the plaintiff and the defendant heretofore, to-wit, on the 2nd day of January, 1914, at, to-wit, Elkhorn City, Kentucky, which is made up to the extent of $100.23 of interest and protest fees on notes as set forth in paragraph 15 hereof. 19. Said plaintiff further shows that none of the sums of money hereinbefore mentioned in paragraphs 14 to 19, inclusive, have been paid by the said M. T. M. and have long since been due and payable, although frequent demand has been made therefore, to-wit, at the several mature dates thereof and at divers times and places between these dates and the date of filing this bill and that there is now due thereon to plaintiff from said defendant the sum of thirty-four hundred and seventy-five dollars and five cents ($3,475.05), together with interest on the various amounts thereof heretofore stated, whereby and by reason of such default the interest of the said defendant, M. T. M., in the said 18-B revolving steam shovel has become wholly lost and for- feited, subject nevertheless to redemption in equity in said defendant, M. T. M., his heirs and assigns. 20. Plaintiff further shows that said revolving steam shovel is now situated and located at or near the town of Pulaski, Giles county, state of Tennessee, in the territorial jurisdiction of this Court, that the same is incapable of movement, except at great inconvenience and ex- pense; that the said defendant, M. T. M., is as your orator believes and is informed, and so states the fact to be, in embarrassed financial circumstances and the said steam shovel is in danger of being levied upon by creditors of the said M. T. M. and your orator thereby hindered in protecting its rights, and said M. T. M. as your orator is informed and believes and so states the fact to be, is threaten- ing, preparing and attempting to remove the said steam shovel from and out of the jurisdiction of this Court; that there is a dispute be- tween the Bucyrus Company and the defendant, M. T. M., as to the true and proper amounts due to the plaintiff, plaintiff claiming all that the items enumerated and set forth hereinbefore are due and payable and that the said contract is a lien and security on said re- volving steam shovel for all of the amounts due and owing to plaintiff and enumerated in paragraphs 14 to 18, inclusive, of this bill, while the defendant contends that the consideration for said notes and accounts has failed in whole or in part and that there is nothing due to the defendant on said contract by reason of the failure of the said steam shovel to do the work which defendant claims he expected it to do. FEDERAL FOBMS FOR BILLS IN EQUITY 945 21. Forasmuch therefore, as your orator is without full and com- plete remedy in the premises except in a court of equity wherein matters of this kind are cognizable and relievable and to the end that said M. T. M. may be made a party defendant to this bill of complaint and that he show cause if he can, unto your Honors why this plaintiff should not have the relief herein prayed and that he may according to the best of his knowledge, information and belief, full, true, direct and perfect answer make to all and singular the matters and things herein stated and charged (but not under oath, his answer under oath being hereby expressly waived) ; that an account may be taken in this behalf by or under the direction of the Court between the plaintiff and the defendant, M. T. M. ; that the said M. T. M. may be ordered, directed and decreed to pay unto your orator the sum of thirty-four hundred and seventy-five dollars and five cents ($3,475.05) with interest, within a short day to be fixed by the Court; that the lien of the plaintiff herein to the said steam shovel be declared; that in case of default in the payment as decreed by the said M. T. M. said property may be sold as the Court may direct to satisfy the amount due your orator under said account, together with costs of suit, the proceeds of said sale to be applied to the satisfaction of said decree and discharge of said lien, pro- viding that in case of such sale and the failure of the proceeds of the same to satisfy the sum due your orator that execution issue against said M. T. M. for the deficit; that In case of such sale and failure to redeem therefrom within a reasonable time to be fixed by the Court the defendant, M. T. M., and all persons claiming through or under him may be forever barred and foreclosed of and from all right or equity of redemption in said steam shovel; that a receiver may be appointed for the benefit of the holder of the indebtedness arising from the contract first above set forth to take charge and possession of the said steam shovel and to manage, protect and preserve the same during the pendency of this suit; that an attachment be levied thereon (this being the first application for writs of attachment and injunction in this cause) ; that a temporary injunction may issue to restrain the said defendant from removing said steam shovel from the jurisdiction of your Honors' Court during the pendency of this suit; and that plaintiff may have such further, other or different relief in the premises as equity may require and to your Honors shall seem meet. And may it please your Honors to grant the issuance out of the office of the clerk of this Court of a writ of subpoena in chancery, directed to the said M. T. M. at Johnson City, Washington county, state of Tennessee in the eastern district thereof, commanding him under a certain penalty named therein, to be and appear before this Honorable Court at a certain day and date named therein, then and there to answer this bill, stand to, abide by and obey the further order of this Court in all things pursuant to the practice of this Court under the statute and rules thereof in such case made and provided. And may it further please your Honors to grant unto the plain- tiff the writ of attachment pursuant to the practice in this state and the writ of injunction restraining and enjoining the said M. T. M. during the pendency of this suit, from removing or attempting to re- move from the jurisdiction thereof, said 18-B revolving steam shovel In 946 EQUITY FORMS whose possession under the contract as aforesaid, or otherwise dis- posing or Interfering with the same, and your orator as in duty bound it must, will ever pray. (.Signature of Plaintiff Company, l)y Solicitor.) (Signatures of Solicitors for Plaintiffs.) Form No. 1089 Bllil. FOE SPECIFIC PKEFOEMANCE OF CONTEACT TO CONVEY STOCK 20 (Caption, Address, Introduction.) 1. For a statement of the grounds upon which this Court's jurisdic- tion depends, the plaintiS says that this is a suit in equity between citizens of different states and that the matter in controversy herein exclusive of interest and costs exceeds the sum of three thousand (13,000.00) doUars. 2. The defendant owned patents on printers' composing, justifying and stereotyping machines under which the plaintiff had an exclusive right to make, use and let for use, machines made under the defend- ant's patents in the counties of , in the state of The plaintiff had an agreement with X. for the conveyance of a patent of a similar device. 3. The defendant by his agreement In writing by him dated the day of , 19. ., a copy of which marked "Exhibit A" is hereto annexed and made a part of this bUl, agreed that in considera- tion of the surrender of the license to use machines made under the defendant's patents as above set forth, the assignment of the patent of X and of services to he rendered by the plaintiff in helping to effect a sale of the defendant's patents to the A. Company, the defend- ant would deliver and pay over to the plaintiff one-fifth of the capital stock of the A. Company which the defendant should receive in con- sideration of the sale. 4. The plaintiff has executed and delivered to the defendant an assignment of the X. patent and of the license to use the defendant's patents in the counties of and state of and has spent much time In assisting to make a sale of the defendant's patents to the A. Company, and in all other respects has performed his part of said agreement marked "Exhibit A." 5. The defendant has received capital stock of the A. Company to the amount of ?400,000 in payment for the conveyance of the defendant's patents, the assignment of the X. patent, and the assignment of the plaintiff's license to the A. Company. 6. The said stock of the A. Company Is closely held by the defendant and his associates In the A. Company and Is not obtainable in the mar- ket. The plaintiff has requested and demanded of the defendant a performance of the said agreement specifically on his part by con- veyance of stock in the A. Company amounting to $80,000, but the defendant has failed and refused to sell and still refuses so to do. 20 This bUl Is based upon the facts found In Lee vs. Electric Typo- graphic Co., 68 Fed. 519. A demurrer to the plaintiff's bill was over- ruled. FEDERAL FORMS FOR BILLS IN EQUITY i947, That it may be ordered and decreed that the defendant shall speci- flcally perform said agreement in accordance with the terms thereof. (Add prayers for general relief and for process.) (Signatures of plaintiff and solicitors.) {Verification.) Form No. 1090 BILL TO CANCEL DEED ON THE GROUND OF FRAUD 21 (Caption, Address, Introduction.) 1. For a statement of the grounds upon which this Court's jurisdic- tion depends, the plaintiff says that this is a suit in equity between citizens of different states and that the matter in controversy herein ex- clusive of interest and costs exceeds the sum of three thousand ($3,000.00) dollars. 2. The plaintiff was in October, 1889, the owner of certain lands on Peace river in the state of Florida. One J. C, a resident of the state of Florida, had been continuously for several years prior thereto, and was at that time, the plaintiff's agent to protect said lands and to make sales of the same. Therq was a general contract between the plaintiff and the said J. C, under which said J. C. received ten per cent of the proceeds of the sales when other terms were not specifically agreed upon. The plaintiff always relied on the said J. C. in all matters cov- ered by the said contract and in the sale of said lands. 3. On or about the 7th day of October, 1889, the said J. C. came to Philadelphia where plaintiff resided and informed plaintiff that defend- ant, S. M. Co., desired to buy lands from the plaintiff and offered $2.50 per acre for the same. The plaintiff inquired if there were phosphates on said lands but the said J. C. represented that there were not and that the said defendant desired the lands for other purposes. The plaintiff, having been accustomed and obliged to rely upon his agent for information in regard to said lands, acted thereon and, on the faith of his representations, contracted to sell the same at $2.50 per acre. A description of said land is attached to this bill and marked "Ex- hibit A," and the plaintiff requests that said exhibit may be taken as a part of this bill as fully as though incorporated therein. At the direction of the said J. C. the plaintiff made him a deed to the lands, received his check for the purchase price, and paid him ten per cent of the amount as commission. The inquiry that the plaintiff made of said J. C. was material and important, and upon the existence or non- existence of phosphates, in a large degree, depended the value of said lands. Prior to this sale phosphates had been discovered on lands on Peace river of a very valuable character, which was well known to said J. C. and to the defendants, their oflBcers and agents. The plain- tiff did not know until within six months after the sale that the lands contained any phosphates and plaintiff avers that said lands were rich in phosphates and were worth from twenty-five to one hundred dollars per acre at the time of the sale and some of the lands were worth over one hundred dollars per acre. 4. The plaintiff avers that the S. M. Co., the defendant aforesaid, 21 This bill is based on the facts stated in the case of Cross vs. Geo. W. Scott Mfg. Co., 48 Fed. '65. A demurrer to the bill was overruled. 948 EQUITY FORMS through its president, G. "W. S., and other officers, had before the sale employed the said J. C. to purchase said lands of plaintiff under con- tract to pay him for his services and expenses while attending to the same, and that said company did pay J. C. his expenses from Florida to Philadelphia, and compensation in money, while engaged in negotiat- ing the purchase. The said S. M. Company, its officers and agents knew that J. C. was plaintiff's agent to sell the land and that the plain- tiff relied upon him as such, and for information concerning the value of the lands. The plaintiff did not know until October, 1890, of this arrangement between J. C. and the S. M. Company, the defendant. The S. M. Company engaged the services of J. C. for the purpose and with the intent of influencing him to act in its interest and to disregard his duties to complainant, and such was its effect. 5. On the 12th of October, 1889, J. C. made to the said S. M. Com- pany a deed to certain lands embracing a part of the land conveyed by plaintiff to said J. C. and on the 13th day of November, 1889, made a deed to said company of certain lands including the remainder of the land conveyed by plaintiff to J. C. and on November 21, 1889, the S. M. Company conveyed to the D. S. F. Company part of the land conveyed by plaintiff to J. C, a description of which property is attached to this bill and marked "Exhibit B," and the plaintiff requests that said exhibit may be taken as a part of this bill as fuUy as though incorporated therein. 6. The two defendant corporations are composed of substantially the same members and stockholders and the directors and other officers are substantially the same persons. The D. S. F. Company for a year before 1889 was mining phosphates on Peace river and vicinity. The S. M. Company had been for some years manufacturing fertilizers in Atlanta, Ga. The two companies are in interest the same though separate corporations. The D. S. F. Company, its officers and agents knew that J. C. was plaintiff's agent, as stated, when the S. C. Co. employed him and knew of the fraud on plaintiff and acquired its interest with a knowledge of such fraud. Long before October, 1889, the said S. M. Co. and D. S. F. Co., their officers and agents had been examining lands on Peace river and purchasing phosphate lands for their purposes or to sell. Before J. C.'s visit to Philadelphia, the president of the S. M. Company, or some other officer, gave J. C. a description of plaintiff's land which the company wished to purchase and secretly employed J. C. to purchase the same as low as he could. The defendant and J. C. knew before they bought the land that it contained phosphates and that the actual market value was many times greater than the amount paid therefor. When J. C. was em- ployed by the defendant, as stated, their officers and agents represented to J. C. that they wanted the land to control the use of the river and for other purposes, and did not want them for phosphates, which statements were false in fact and made to deceive complainant and steal from him the value of the land; and plaintiff was deceived and, relying upon said J. C, made no further inquiry. 7. The plaintiff avers that the legal title of said lands Is still in the defendants. The plaintiff is ready and willing to pay the defend- ant, the S. M. Company, the amount paid plaintiff for the lands with FEDERAL FORMS FOR BILLS IN EQUITY 949 Interest thereon upon the execution and delivery of a deed to the plain- tiff, and the plaintiff would have made tender thereof to said company before filing this bill but for the belief that said tender would not have been accepted, and the plaintiff hereby tenders to the defendant the whole amount of the purchase ihoney received for said lands from J. C. with legal interest thereon, and offers to pay the same in any man- ner and at such times as this Honorable Court may decree upon recon- veyance of said lands to the plaintiff unincumbered and in the same or in as good condition as when conveyed to the defendants and to abide by such other conditions as this -Honorable Court may deem just and equitable. Wherefore the plaintiff prays: 1. That the defendant may be ordered to convey to the plaintiff, free of all incumbrances by a good and sufllcient deed of conveyance the lands described herein. 2. That an account of all the phosphates, if any, taken from said lands may be taken and damages, if any, to the lands assessed. 3. That the defendants, and each of them, their agents, employees and oflScers, may be enjoined from conveying or attempting to dispose of the lands in question. (Add prayers for general relief and for process.) (Signatures.) (Verification.) Form No. 1091 BILL TO EESTBAIN FORECLOSURE AND SET ASIDE CONVEY- ANCE ON THE GROUND OF FRAUD 22 (Caption, Address, Introduction.) 1. For a statement of the grounds upon which this Court's jurisdic- tion depends, the plaintiff says that this is a suit in equity between citizens of different states and that the matter In controversy herein exclusive of interest and costs exceeds the sum of three thousand ($3,000) dollars. 2. On or about the 17th day of January, A. D. 1910, the defendant, N. W. G., solicited the plaintiff to purchase a certain hotel property at in said state of then owned by, occupied and carried on by said G. as and for a summer hotel for the entertainment of a high grade of boarders for a limited number of weeks during the heated season of the year, more particularly described hereinafter, fraudulently representing that the same was of great value as a going and very prosperous business, and as a result of said solicitation and the fraudulent representations made by said respondent as hereinafter set forth, the plaintiff bought, and the defendant, G., on the 21st day of May, 1910, sold and conveyed to the plaintiff for the sum of $15,000 a certain parcel of land in said ; together with buildings thereon and certain personal property contained in said buildings, the whole being a hotel used as a summer resort and known as the "Sum- mit House." On said 21st day of May, 1910, the plaintiff mortgaged back said property to the defendant, G., to secure the sum of $10,000, 22 Adapted from original on file in TJ. S. District Court for the Dis- trict of Maine in case of Gage vs. Gamage. 950 EQUITY FORMS the balance of said purchase price, to-wit, $5,000 being paid to said G. A copy of said mortgage is annexed hereto and made a part hereof and marked "Exhibit A." 3. Said conveyance to the plaintiff and said mortgage back to the defendant were made after long and continued negotiations between the parties hereto, dating from said 17th day of January, 1910, to May, 1910. The defendant for a series of years prior to the said year 1910 had used and occupied said premises for the entertainment of said high class of summer boarders and had long and extended experience in such business, but the plaintiff had never been in said business and was unacquainted with the same and relied upon the statements and the representations made by the defendant as hereinafter set forth, all of which the defendant well knew. In the course of said negotiations the defendant informed the plaintiff both orally and in writing that he had conducted said Summit House as a summer resort for a long period of time, during which time the profits of said business had been large and greatly remunerative, certain seasons amounting to more than three thousand dollars. And the defendant further falsely and fraudulently represented to the plaintiff at the time said negotiations were pending that for the season next then ensuing the rooms in said Summit House were practically all engaged at remunerative prices; and the defendant further represented to the plaintiff that said Sum- mit House was fully and completely equipped for carrying on said summer resort business, all of which allegations were known to the defendant to be erroneous and false. And the plaintiff relying wholly upon said representations and statements as to the prospects, value and equipments of said property, believing that all of said statements were true and relying upon the same, entered into and completed negotiations for the purchase of said property. 4. Said statements as to the earnings of said business were false and untrue and well known by the defendant to be false and untrue and were intended to defraud and deceive the plaintiff and to induce the plaintiff, and did induce the plaintiff to purchase said property at an exorbitant price, largely in excess of the value thereof. And the defend- ant further represented to the plaintiff that for the five years previous to the time of these negotiations, the average earnings of said business was $2,955, and for the year next previous, to-wit, the season of 1909, the earnings of said business was $3,110, when as a matter of fact the earnings thereof was less than one thousand dollars; that the rooms of said hotel or any large part thereof were not engaged for the season next ensuing, to-wit, the season of 1910, nor was said hotel fully equipped as represented by the defendant. 5. The plaintiff relying upon the aforesaid false, fraudulent and erroneous statements made by the defendant, purchased said property as aforesaid and immediately expended large sums of money in making permanent improvements and adding equipments to said property for the purposes of conducting said summer resort business, said improve- ments and equipments costing upwards of $3,500. 6. Many of the articles of furniture and personal property alleged by the respondent to be in said hotel and pointed out by him to the FEDERAL FOEMS FOR BILLS IN EQUITY 951 plaintiff as part of the furniture of said hotel were missing from said hotel when the possession of the same was delivered to the plaintifi. 7. Immediately when the plaintiff learned of said removal of prop- erty and of said misrepresentations, he made complaint thereof to the defendant, and the defendant stated that he would settle with the plaintiff for the same and adjust the difference between them, and the plaintiff has many times since complained to said defendant of all the matters herein set forth and attempted to reach some settlement with the defendant for and on account thereof, and the defendant has in- variably promised that he would settle said differences with the plain- tiff and make allowances therefor. 8. According to the terms of said mortgage attached hereto and the notes secured by said mortgage, payment of $1,000 was due on said notes and mortgage on May 21, 1911; payment thereof was not made by the plaintiff, relying upon the defendant's agreement to settle said matters in dispute and the defendant has never made any demand for and on account of said default, but told the plaintiff to let the matter of said payment rest until the above matters were settled. The defend- ant nevertheless has, without notice to the plaintiff begun foreclosure proceedings under said mortgage, by publishing notice thereof in the Damariscotta Herald, a newspaper published in Damariscotta, Maine, December 14, 1911, notice of which has by chance just come to the plaintiff's attention. Wherefore the plaintiff prays: 1. That this Honorable Court will grant unto the plaintiff a writ of injunction commanding said N. W. G. and all persons claiming to act under his authority, direction, or control to desist and refrain from the aforesaid foreclosure proceedings and from any Interference with said "Summit House," or the property herein described until the further order of the Court, and further that the said N. W. G. may be restrained from any transfer, assignment or conveyance of said notes and mort- gage pending the termination of this action. 2. That this Honorable Court will adjudge, order and decree that said sale and conveyance to the plaintiff and said transaction to be null and void on account of the aforesaid fraud and misrepresentations and that the same be rescinded, that accounting between the parties hereto be ordered, and that the defendant be ordered to pay to the plaintiff the aforesaid sum of $5,000, which was paid to the defendant on account of the purchase price of said property, together with the sum of $3,500 or such sum as it may appear that the plaintiff had expended for permanent improvements and equipments to said property, to the end that the plaintiff be placed back in the same position as before said sale, and that thereupon the plaintiff reeonvey and cause to be reconveyed said property to the defendant, he being ready and willing and hereby offering so to do, and that said note and mortgage be thereupon can- celed and delivered up to the plaintiff. I Add prayers for general relief and for process.) (Signatures.) (Verification.) 952 EQUITY FOEMS Form Ko. 1092 Bnj. TO SET ASIDE GIFTS AND COMPEL REASSIGNMENT OF MORTGAGE AND NOTE ON THE GROUND OP FRAUD 23 {Titte, Address.) H. P. S., of Claremont, in the state of New Hampshire, and a citizen of said state within the meaning of the laws fixing and determining the jurisdiction of this Honorable Court, brings this her bill of com- plaint by her next friend, M. S. P., of Boston, in the state of Massa- chusetts, against E. S. P., of said Boston, and a citizen of said state of Massachusetts within the meaning of the laws fixing and determining the jurisdiction of this Honorable Court, who is executor under the will of S. L. S., late of said Claremont Said H. P. S. is a person of unsound mind and not of sufficient capacity to intelligently prosecute this complaint. 1. This suit is one of a civil nature cognizable in equity, and is brought for the purpose of setting aside certain gifts made by said H. P. S. to said S. L. S., and also to compel the reconveyance of certain real estate mortgages and the reassignment of certain promissory notes, conveyed and assigned by said H. P. S. to said S. L. S., which said gifts were made, mortgages conveyed and notes assigned by said H. P. S. by reason of the mental incapacity of said H. P. S. and also by reason of fraud and undue infiuence practiced upon and imdue advantage taken of said H. P. S. by said S. L. S. This suit is a controversy between citizens of different states, and the matter in dispute exceeds, exclusive of interest and costs, the sum or value of three thousand dollars ($3,000). 3. H. P. S. is eighty years of age and her mind is and for a long time has been so impaired by the infirmities of age and otherwise as to render her incapable of so imderstanding her property rights as to be able to exercise her free and unbiased will with respect to the same, or to manage her affairs and protect her property with prudence and discretion against the undue influence, control or fraud of others, and especially the undue influence, control and fraud of said S. L. S., who was a daughter of said H. P. S. 4. During a period extending from May 15, 1905, to December 18, 1911, while the said H. P. S. was mentally incompetent as aforesaid, and incapable of understanding her property rights, by the exercise of undue influence, control and fraud, said S. L. S. induced said H. P. S. to give, transfer, convey and assign to the said S. L. S., money and property of the said H. P. S. of the following amounts and descriptions: On€ mortgage to secure the payment and of the value of $1,800; (Mention other mortgages.) In all said property exceeded in value the sum of $25,000. 5. Two of said mortgages S. L. S. discharged and reinvested the proceeds amounting to $4,200; one of said mortgages was discharged by the defendant in this case, and he now has the proceeds thereof, $1,800, in his possession; the fourth mortgage remains undischarged; the promissory note for the payment of $5,400 is now in the defendant's 23 Taken from the files of the V. S. District Court of New Hamp- shire. FEDERAL FORMS FOR BILLS IN EQUITY 953 possession unpaid; the $10,000 and the reinvested $4,200 now exists as alleged assets of the estate of said S. L. S. in the form of cash on deposit in savings institutions, promissory notes and one mortgage to secure the payment and of the value of $1,200. 6. S. L. S. died January 19, 1912, and the defendant, E. S. P., was duly appointed executor of her estate by the Judge of Probate for Sullivan county in said state of New Hampshire, July 5, 1912, and thereafter duly qualified by giving bond to the said Judge of Probate for the faithful discharge of his duties. Said E. S. P., executor, al- though requested, refuses to restore the above described property to its rightful owner, said H. P. S. Wherefore and in consideration whereof, and forasmuch as your com- plainant is remediless in the premises at and by the strict rules of the common law and relievable only in a court of equity, where mat- ters of this nature are properly cognizable and relievable, your com- plainant prays: That said defendant be ordered to retransfer said $2,500 mortgage and reassign said $5,400 note to said H. P. S. to pay to said H. P. S. the proceeds of the $1,800 mortgage, to refund out of said estate the $4,200 collected by said S. L. S., as the proceeds of the $3,000 and $1,200 mortgages respectively, and to refund the $10,000 in cash and other valuables, out of any cash in his possession so far as it will go and then by the assignment of such securities as he has in his possession alleged to be a part of said estate, to H. P. S. as aforesaid, and for such further relief as to the Court may seein just. H. P. S., (Signatures of Solicitors.) By M. S. P., her next friend. Form No. 1093 BILL BY TRUSTEE IN BANKEUPTCY TO EECOVEE PEEFER- ENOES UNDER THE BAITKRUPTCY ACT 24 (Caption, Address and Introduction.) 1. For a statement of the grounds upon which this Court's jurisdic- tion depends the plaintiff says that this Is a suit in equity brought by the plaintiff as trustee in bankruptcy under the provisions of the bank- ruptcy act of 1898 as amended, to recover a preference under section 60b of said act. 2. On the day of , A. D. 19.., an involuntary petition in bankruptcy was filed against said A. and B. as co-partners aforesaid and also as individuals, in said District Court for the district of upon which petition the said A. and B. were, on the day of A. D. 19 . . , duly adjudicated bankrupts, as co-partners aforesaid and also as individuals; that on the day of , A. D. 19. ., the plaintiff was duly appointed trustee in bankruptcy of the estate of said bankrupts, both as co-partners and individuals; that he has filed a bond as such trustee, which bond has been duly approved, and that he is now the duly qualified trustee in 2* Adapted from original bill on file in the District Court of the United States for the District of Maine. 954 EQUITY FORMS bankruptcy of the estate of said bankrupts, individually and as co- partners. 3. Upon the several dates herein below set forth, being all within four months prior to the date of the filing of said involuntary petition in bankruptcy against said bankrupts, the said A. and B. were insolvent, both as co-partners aforesaid and as individuals, and then well knew that they were so insolvent; that the said bankrupts were then in- debted, as co-partners aforesaid, to said defendant company upon cer- tain unsecured debts provable in bankruptcy; that they were also indebted to divers other creditors of the same class as said defendant company upon unsecured debts provable in bankruptcy, including among such creditors: X. Y., a corporation duly existing by law and located at said , the claim of which said company, amounting to $ , has been proved and allowed against the estate of said bankrupts; V. W., a corporation duly existing by law and located at said the claim of which said company, amounting to ? , has been proved and allowed against the estate of said bankrupts; R. S., a corporation duly existing by law and located at said Portland, the claim of which said company, amounting to $ , has been proved and allowed against the estate of said bankrupts; and the said A. and B. being then so insolvent as aforesaid, and well knowing that they were insolvent, and being then indebted as aforesaid, did, within four months prior to the filing of said involuntary petition as afore- said, make transfers of portions of their property to the said defendant company by making payments, amounting in the aggregate to , to said defendant company on account and in part payment of the un- secured indebtedness then owing by said bankrupts to said defendant company, which said payments were made upon the several dates and for the respective amounts, and on account of the several notes and obligations due and owing from the said bankrupts to the defendant banking company which are . herein below specifically set forth and enumerated in detail, namely: (Here is set forth a description of each of the notes in distinct items, stating total amount of same.) 4. And the plaintiff avers that the eftect of the enforcement of the transfers and payments by said bankrupts as above set forth was to enable said defendant company to obtain a greater percentage of its debt than any other creditor of said bankrupts of the same class as the said defendant company; and that the said transfers and payments did then operate as a preference under the provisions of the Bank- ruptcy Acts of 1898, and acts additional thereto and amendatory there- of; and that the said defendant company receiving said payments and transfers, and its agents acting therein, did then and there at the time of receiving said transfers and payments, have reasonable cause to believe that the enforcement of said transfers would effect a prefer- ence under the provisions of said Bankruptcy Act. 5. And the plaintiff further avers that the said (defendant com- pany) has neglected and refused to pay him as trustee in bankruptcy of the estate of said bankrupts, as aforesaid, said sum of or any part thereof, though requested by him so to do. Wherefore the plaintiff prays: FEDERAL FORMS FOR BILLS IN EQUITY 955 1. That the said (defendant company) may be ordered to pay to the plaintiff, as trustee in bankruptcy of the estate of A. and B., co- partners and as individuals, as aforesaid, the aggregate sum of said several payments made to the said defendant company by said bank- rupts on the several dates hereinbefore set forth, to-wit: , with lawful interest on said several payments from the date of pay- ment of each of the same. 2. And may it please this Honorable Court to issue its subpoena directed to the said (defendant company) commanding it on a day certain and under a certain penalty, to appear and answer unto this bill of complaint, but not under oath, the oath thereto being expressly waived, and abide the orders and decrees of the Coiirt thereon. Dated this day of A. D. 19 . .. , Trustee in Bankruptcy of the Estate of A. and B., as Co-Partners and Individ- uals. , Solicitors for the Plaintiff. Fonn No. 1094 BILL BY TRUSTEE IN BANKBUPTCY TO RECOVER A FRAUD- ULENT PREFERENCE AND CHARGE A FUND WITH A TRUST 2= (Caption, Addressi) G. B., trustee in bankruptcy of N. T. and C. P., late partners as N. T. & Sons, brings this his bill of complaint against M. T. Company, a citizen of Boston, Massachusetts, and says: 1. The grounds upon which the jurisdiction of this Court depend are that this is a suit in equity brought by the plaintiff as trustee in bankruptcy to recover a fraudulent preference under the powers of section 60b of the Bankruptcy Act of 1898, as amended. 2. This plaintiff further states that on the 14th day of February, 1913, an involuntary petition in bankruptcy was filed against the said N. T. and C. F., co-partners, doing business as N. T. & Sons; that they were duly adjudged bankrupts on the 3d day of March, 1913, by the District Court of the United States for the District of Massa- chusetts; that this plaintiff was duly appointed trustee in bankruptcy of said N. T. and C. F., co-partners, as N. T. & Sons, by said District Court on the 4th day of April, 1913, and that he duly qualified and entered upon the performance of his duties as said trustee and is still acting as such trustee. 3. The plaintiff further states, on information and belief, that on or about the 13th day of January, 1913, said N. T. and C. F., co-part- ners, as N. T. & Sons, became indebted to the defendant in the sum of $7,662.80, or thereabouts; that on or about the 16th day of January, 1913, the defendant demanded payment of said indebtedness, and there- upon said firm, for the purpose of paying and securing said indebted- ness, did withdraw from the funds and assets of said firm and pay over, deliver and transfer to said defendant the following property, to-wit: Cash to the amount of $1,165.84, or thereabouts; customers' 25 Adapted from the original on file in the U. S. District Court of Massachusetts. 956 EQUITY FORMS notes of the face value of $1,494.88, or thereabouts; accounts receiv- able of the face value of $7,384.23, or thereabouts, amounting in the aggregate to ?10,044.95; that such transfers took place within four months before filing the petition in bankruptcy against said N. T. and C. F., co-partners, as N. T. & Sons; that at the time of such transfers said N. T. and C. F., co-partners, as N. T. & Sons, were insolvent; that the effect of said transfers was that the defendant creditor ob- tained a greater percentage of its debt than any other of the creditors of said firm of the same class, and that the defendant then had reason- able cause to believe that the enforcement of said transfers would effect a preference within the meaning of the act of Congress to estab- lish a uniform system of bankruptcy throughout the United States, and said transfers did then in fact operate as such a preference. 4. The plaintiff further says upon information and belief that since the time of the aforesaid transfers the defendant has proceeded to collect a portion of the notes and accounts which were assigned to it and to apply the same in reduction of its said claim, but the amount so collected this plaintiff is unable to state, and that there iremains in the defendant's hands at present certain uncollected notes and accounts to a substantial amount; that although requested so to do by the plaintiff, the defendant has failed and refused, and still does fail and refuse, to give any accounting to him of the amount so collected by it; Wherefore your plaintiff prays that the defendant may be decreed to hold such funds, accounts and notes so transferred and delivered to it in trust for this plaintiff; that it may be required to account for the same and to pay over to this plaintiff the funds so transferred and the proceeds of such notes and accounts as have been collected by it, and that it be compelled to transfer and deliver to this plaintiff such of said notes and accounts as have not been collected by it, and for such other and further relief as may be just and proper in the premises. (Signatures.) Form No. 1095 BILL BY TEUSTEE IN BANKRUPTCY TO SET ASIDE FEAUD- ULENT CONVEYANCE 28 (.Caption, Address.) M. W. C, of the city of Cranston, in the county of Providence and state of Rhode Island, as trustee in bankruptcy of C. E. B., of the city of Providence, in said county and state, brings this his bill of com- plaint against W. Bank, a banking corporation duly organized by act of the General Assembly of the state of Rhode Island, and having an ofiBce in said city (Title of Cause.) The answer of E. S. P., defendant in the above entitled cause, to the plaintiff's bill of complaint. 1. The defendant denies that H. P. S. is a person of unsound mind, and further denies that she is not of sufficient capacity to prosecute her complaint, but say's that she is able to prosecute this suit by her duly appointed guardian. The defendant further says that he is a resident of Melrose, in the commonwealth of Massachusetts, and is not a resident of Boston, as alleged in the plaintiff's bill of complaint. 2. The defendant admits that the bill is brought for the purpose of setting aside transfers or gifts made by the said H. P. S. to the said S. L. S., and for the purpose of compelling the reconveyance of certain real estate mortgages and the reassignment of certain promissory notes, conveyed and assigned by the said H. P. S., and further admits that this suit is a controversy between citizens of different states, and that this amount in controversy, exclusive of interest and costs, ex- ceeds the sum or value of three thousand dollars. The defendant denies that said conveyances, assignments and trans- fers were made by reason of the mental Incapacity of said H. P. S., and further denies that they were made by reason of fraud or undue influence practiced upon, or by reason of undue advantage taken of, said H. P. S. by said S. L. S. 3. The defendant admits that said H. P. S. is eighty years of age and that said S. L. S. was her daughter. The defendant denies that said H. P. S.'s mind is or for a long time has been so impaired by the infirmities of age or otherwise as to render her incapable of so understanding her property rights as to be able to exercise her free and unbiased will with respect to the same, and denies that she was unable to manage her affairs or to protect her property with prudence and discretion against the alleged undue in- fluence, control, and fraud of S. L. S. or others. 4. The defendant admits that during the period from May 15, 1905, to December 18, 1911, said H. P. S. transferred, assigned, or conveyed to said S. L. S. (1) a mortgage and note secured thereby for the sum of $1,800, which he alleges to be a mortgage given by E. T. P. to said H. P. S.; (2) a mortgage and note to secure the payment of $1,200, which he alleges to be a mortgage given by M. S. to said H. P. S.; 70 See bill, Form No. 1092, ante, p. 953. 1088 EQUITY FORMS (3) a note and mortgage to secure the payment of |2,500, which he alleges to he a mortgage given by W. H. D. to M. S. P.; (4) a promis- sory note for the amount of $5,400, which he alleges to be a note given by E. S. P. to said H. P. S. The defendant denies that said S. L. S., by fraud or undue influence practiced upon, or any undue advantage taken of, said H. P. S., induced said H. P. S. to give, transfer, convey, or assign to said S. L. S. prop- erty, consisting of cash and other valuables, in excess of the value of $10,000. The defendant further denies that said H. P. S. was incapable of exercising sufficient mental control to make valid transfers of her property, and further denies that said S. L. S. induced said transfers by any fraud, control, or undue influence, or by any undue advantage practiced upon or taken of said H. P. S. The defendant further denies that said H. P. S. transferred, as- signed, or conveyed to said S. L. S. a note for $3,000 and the mortgage securing the payment of the same, as stated in said paragraph. 5. The defendant is ignorant as to whether or not the said S. L. S. discharged two or more of the mortgages named in the fourth para- graph of the bUl of complaint, or invested the proceeds to an amount of $4,200 or otherwise, and he admits that he has discharged a mort- gage for $1,800 and has the proceeds thereof, and that the mortgage for $2,500 referred to in the fourth paragraph of the plaintiff's bill has been paid to him, and that he has the proceeds thereof. The defendant further admits that he has in his possession the promissory note of $5,400 referred in said paragraph. The defendant denies the truth of the other allegations of para- graph 5 of the plaintiff's hill as fully and explicitly as if each of said other allegations were separately and specifically traversed. 6. The defendant admits the death of said S. L. S. and his appoint- ment and qualification as executor of her will. The defendant refuses to restore the aforesaid property to H. P. S., and denies that she Is the rightful owner thereof. 7. The defendant further says that, during the entire period in which the alleged transfers were made, the H. P. S. was of sound mind and memory and in the full possession of her mental faculties, unimpaired by the infirmities of age or otherwise; that said S. L. S. was her only child, who lived with and cared for her mother and was a dutiful and faithful daughter; that said S. L. S. did not at any time practice any fraud, duress, control, or undue influence upon, or take undue advantage of, said H. P. S.; that said H. P. S. of her own free will and accord gave to said S. L. S. all the notes, mortgages, securities, property, or money which were transferred by her to her daughter in her life time and knew the object of her bounty; that more than $1,200 of the money claimed by the plaintiff was earned by said S. L. S. teaching school and saved by her; that on the twenty-fourth day of February, 1912, said H. P. S. voluntarily petitioned for the appoint- ment of S. E. W. of said Claremont as her guardian and requested said appointment on the ground of age and mental and physical dis- abilities; that prior to her said petition, her daughter, the said S. L. S., had deceased, that said S. E. W. was appointed guardian on said peti- tion March 4, 1912, and immediately filed her bond and qualified for FEDERAL FORMS FOR ANSWERS 1089 the performance of her trust; that said guardianship has been ever since and is now in full force and effect, which fact the defendant brings to the attention of the Court. Wherefore the defendant prays that your Honors will make such orders In the premises as justice may require or as may appear proper for the protection of said H. P. S. and that the plaintiff's bill of com- plaint may be dismissed and for his costs. (Signatures.) Form No. 1143 ANSWER TO BILL FOR MANDATORY INJUNCTION TO COMPEL REMOVAL OF POLES 7i (.Title of Cause.) The answer of the Messalonskee Electric Company which says: 1. That as to matters set forth in paragraphs 1, 2, 3, 4 and 5 of plaintiff's bill it has no knowledge but supposes them to be as stated and therefore admits those paragraphs to be true. 2. As to the allegations made in paragraph 5 in regard to plaintiff's line in the town of Winslow defendant says that plaintiff has in no manner complied with the provisions 'of the statutes of Maine touching the erection and maintenance of posts and wires for telegraphic pur- poses, but erected its lines in the first place and has ever since main- tained them in open defiance of the law regulating the transmission of Intelligence by electricity. 3. As to the allegations contained in paragraph 6 defendant admits its own existence and authority as stated, but says it has made no lease of the Fort Halifax Power Company's property. There is an arrangement, however, between the two companies by the terms of which the Messalonskee Electric Company expects to receive from the Fort Halifax Power Company such surplus current as the Fort Halifax Power Company can spare after supplying its other customers. And the Messalonskee company expects to receive such surplus into its distribution system and to use the same in supplying its lighting cus- tomers in the city of Waterville and the towns of Oakland and Winslow, and in lighting the public streets and highways of the city of Water- ville which streets and highways it is under contract to light by elec- tricity for a long term of years. 4. As to the matters touched upon in paragraph 7 defendant says that plaintiff must have been greatly misinformed as its statements therein contained are radically wrong and very far from the truth. Defendant is not acting in the matter referred to in pursuance of the charter rights of the Fort Halifax Power Company. Defendant is not erecting a line in the town of Benton. Defendant is not erecting a line "for the purpose of transmitting electric power for the operation of an electric railroad which it is proposed to construct from the city of Waterville to the city of Augusta" nor for the purpose of operating any electric railroad whatever. The portion of Benton avenue to which plaintiff probably refers runs in a northerly direction from the easterly Ti Taken from original on file In the U. S. District Court of Maine. See bill, Form No. 1120, ante, p. 1009. 1090 EQUITY FORMS end of the Waterville bridge. There is no bridge between Waterville and Winslow extending in a north and south direction, and upon the street which runs easterly from the bridge which does exist defendant has no intention of erecting, is not now and was not at the time plain- tiff's bill was made, engaged in the process of erecting any other or further poles along plaintiff's line. It is not and was not the intention of defendant to transmit "electric currents of high voltage such as would be necessary for the propulsion of electric cars," or electric currents of any voltage for the propulsion of electric cars. The real situation is as follows: Defendant is a corporation which has acquired the electric business established about 1887 in Oakland by the Oakland Electric Light Company, and in Waterville in 19'01 by the Messalonskee Electric Company (a partnership). It now owns a hydraulic power station with steam auxiliary on the Messalonskee stream in Oakland from which station it supplies current for all light- ing of streets and highways in the town of Oakland and the city of Waterville; for all the private lighting in the town of Oakland; for a very large part of the private lighting in the city of Waterville and for a very small part of the private lighting in the town of Winslow. The demands of its business so nearly equal its present supply that for a part of the time it is obliged to run its station in Oakland, includ- ing the steam auxiliary to the full extent of its capacity, and it Is under the necessity of acquiring additional current to meet the in- creased demand. The Fort Halifax Power Company owns a large water power on the Sebasticook river in Winslow on which it is now engaged in erecting a hydro-electric power station, which is a little more than one mile* from the nearest feasible point for making an electrical connection with defendant's distribution system in Waterville. The immediate object on the part of the Fort Halifax Power Company in erecting said station is to supply current to the Lewiston, Augusta & Waterville street railway with which it has a contract for such supply for a term of thirty years. It is anticipated, however, that the new station will be able to produce more current than is needed by the railway and defendant has accordingly arranged, as above stated, to receive the surplus cur- rent for use in its system. Defendant has arranged for the construction of a line over private land in Waterville across the Kennebec river and over private land for nearly the whole distance in Winslow to the site of the new power station of the Fort Halifax Power Company. After leaving the line on private land which it has arranged for over the homestead of Mr. Wil- liam H. Stobie, it can find no feasible location for reaching the south- erly side of Pine street except by going along Benton avenue for a distance of 765 feet. Upon the westerly side of said Benton avenue at this point are some wires supposed to belong to the HoUingsworth & Whitney Company or the Union Gas & Electric Company, some wires of the Western Union Telegraph Company extending a part of the way, and for the entire distance in question there is a line of heavy poles carrying forty-six separate wires belonging to the New England Telephone & Telegraph Company, making it a practical impossibility FEDERAL FORMS FOR ANSWERS 1091 for defendant to go upon that side of the street without great trouble and expense. Upon the easterly side of said Benton avenue for about 535 feet along the line on which defendant wishes to locate its poles and wires, there is already erected a line of small light poles carrying seven wires belonging to plaintiff. There is also erected another line of slightly taller poles carrying four wires belonging to the Waterville & Fairfield Railway & Light Company. Both these lines just referred to are crooked and irregular. Upon examining the situation defendant's officers were convinced that the only feasible location for its line at the point in question is along the easterly side of the highway which is the side now occupied by plaintiff, and that the practical way to construct its line would be to erect very tall poles carrying its wires far above those of the plaintiff and of the Waterville & Fairfield Railway & Light Company. Upon this side of the street there are several residences having water pipes, sewer pipes, walks, driveways and shade trees extending into the street, and from long experience defendant has learned that it is prac- tically impossible to determine in advance the exact points at which all of a given line of poles may be erected. It accordingly, through its manager, discussed the situation with the selectmen of the town of Winslow and was directed to proceed with the erection of the town of Winslow and was directed to proceed with the erection of poles so as to satisfy the abutting owners and secure suitable foundations. It erected those poles, beginning with pole No. 1 at the corner of Pine street and Benton avenue and extending in a straight line along the easterly side of Benton avenue 534.6 feet to pole No. 6. The wires of plaintiiff are so close together and its poles are in such a crooked line that it was impossible to raise defendant's poles in a straight line without their coming in contact at several points with plaintiff's wires. This matter was discussed between defendant's man- ager and an officer of plaintiff, and it was agreed that defendant would insulate plaintiff's wires by brackets and glass insulators fastened to defendant's poles in such a manner as to hold plaintiff's wires away from the poles. And this was done immediately after the erection of the poles and several days before plaintiff's bill was brought. It was a part of the arrangement and understanding between de- fendant and the selectmen of Winslow that as soon as practicable loca- tions were found by erecting its poles along the highway in question, defendant should make and present to said selectmen a petition for a location in accordance with law, and on the 18th day of September, 1907, defendant did make and present to the selectmen of Winslow a petition asking for a location for the poles mentioned, together with certain others about which there is no controversy, and the right to string and maintain wires thereon. Upon that petition the selectmen of Winslow ordered that there be a hearing at their office in Winslow, on Friday, the fourtli day of October, 1907, at nine o'clock in the fore- noon, and that the petitioner give notice thereof as set forth in the order. A copy of said petition, order and plan accompanying the same has already been filed in this case, and defendant says that it has given the notices required and expects that a hearing will be held as ordered. 1092 EQUITY FORMS Defendant says that its poles as erected wUl carry its -wires at a height of more than ten feet above those of the plaintiff at all points along the line, which distance, it says, is entirely sufficient to avoid all danger of electrical disturbance for so short a longitudinal distance. It further says that plaintifl's construction at this point is very cheap, inconvenient and unsafe to defendant, and that it will ask the selectmen of Winslow to order the plaintiff to properly arrange its wires so as to afford the defendant reasonable opportunity for its poles and for the erection of its wires which have not yet been strung. Defendant says that purpose can be accomplished in any one of several ways which it will suggest to the selectmen, and the selectmen might be able to devise still other means. As plaintiff has never complied with the law of Maine by securing a location in proper form, defendant denies all liability for whatever slight expense may be necessary to properly regulate plaintiff's wires. Defendant denies that there will be any danger of leakage of the electric current from its lines to those of plaintiff in wet weather, or any other weather, and further denies there being any danger of any kind from its proposed construction in case plaintiff's wires are prop- erly regulated and spaced so as to allow free access to the poles, and asserts its belief that the selectmen of Winslow will order plaintiff to so arrange its wires at the hearing to be held on the fourth day of October, and that such rearrangement of wires can be made at an expense of less than five dollars. Defendant further denies that there will be any danger of induction from its wires to those of plaintiff sufficient to interfere in any way with the plaintiff's business. 5. As to the allegations contained in paragraph 8 of plaintiff's bill defendant denies that plaintiff has suffered loss to the amount of $2,000, and says that it has not been injured to any appreciable amount whatever. Defendant says it did not refuse "to desist from further erecting poles and wires in the said manner" as the few poles already erected and described in this answer were the only ones it contemplated erect- ing along plaintiff's line, and the work had already been completed as far as it was intended to go until after hearing by the selectmen on defendant's petition. Defendant denies that there is any other reasonable or practicable location on which it can secure the right to erect poles, or any better method of erection of its line than the one adopted. The defendant company did not declare "by its agents and em- ployees that it proposes to continue forthwith as fast as possible to erect its poles and wires in the manner aforesaid along the line of location of the plaintiff's wires." Defendant denies that it will be Impossible for plaintiff to carry on its business by reason of anything proposed or contemplated to be done by defendant, but says, on the contrary, that if plaintiff will properly space and regulate Its wires and attend to its own business in a proper manner it will have no trouble or difficulty whatever from any act done or condition created by defendant. Defendant further says that the regulation of all relations of itSelf and plaintiff to each other and to the public so far as all matters and FEDERAL FORMS FOR ANSWERS 1093 things arising out of their joint occupancy of the highways are con- cerned, is properly within the jurisdiction and control of the municipal authorities acting under the laws of the state of Maine. Wherefore defendant prays that plaintifl's bill may be dismissed with costs. (Signatures.) Form No. 1144 ANSWER TO BILL TO ENJOIN FRAUDULENT COMPETITION 72 (Title and Commencement.) 1. In answer to paragraph 1 of the complainant's bill the defendants admit that the defendant corporation is duly organized under the laws of the commonwealth of Massachusetts, having been incorporated on May 15, 1912, and is engaged in the business of manufacturing buoyant life-saving garments in Boston, in the district of Massachusetts, and that the defendants, M. and B., are residents of said Boston, and said B. is a citizen of Massachusetts, and said M. is a stockholder, a director and treasurer in the defendant corporation; but deny that the said M. is a citizen of Massachusetts, that he is president of the de- fendant corporation, that the defendant, B., is a stockholder, a director, vice-president or clerk in said corporation, and that said M. and B. are in control of said corporation; and as to the truth of the allega- tions of the residence, citizenship and business of the complainant they have no knowledge or information, and neither admit nor deny, but leave the complainant to prove the same. 2. In answer to paragraph 2 of the complainant's bill as to the truth of the allegations therein regarding the manufacture, sale, ad- vertising of, and demand for the floating garments of the complainant, the defendants have no knowledge or information, and neither admit nor deny, but leave the complainant to prove the same. 3. In answer to paragraph' 3 of the complainant's bill as to the truth of the allegations therein regarding testimonials received in the complainant's business and the setting forth thereof in the catalogue referred to, the defendants have no knowledge or Information, and neither admit nor deny, but leave the complainant to prove the same. 4. In answer to paragraph 4 of the complainant's bill as to the truth of the allegations therein regarding the printing and contents and circulation of the catalogue therein mentioned, the defendants have no knowledge or information, and therefore deny the same and leave the complainant to prove the same. 5. In answer to paragraph 5 of the complainant's bill the defend- ants admit the negotiations therein alleged and the abandonment thereof prior to the formation of the defendant corporation, and say that the defendant, M., was induced to enter therein by the com- plainant's deception and false and fraudulent misrepresentations to the said M. concerning the process and materials employed in the manufacture of the floating garments therein mentioned, and the said M., upon detecting the said deception, fraud and misrepresentation of the complainant, abandoned said negotiations. 72 See bill, Form No. 1127, ante, p. 1031. 1094 EQUITY FORMS 6. In answer to paragraph 6 of the complainant's hill the defendant, M., denies that he conceived any fraudulent scheme to appropriate the reputation and good will of the complainant's business, as therein alleged. 7. In answer to paragraph 7 of the complainant's bUl the defend- ants admit the forming of a corporation as therein alleged, and the original ownership of 1,498 shares of its stock and the original control of said corporation by the said M., and that the said M. is now its treasurer; but deny that the said M. is its president, and that the said B. is its vice-president or clerk, or a director, and deny that the said M. and B. own and control said corporation, and deny that the said B. has any interest therein whatsoever. 8. In answer to paragraph 8 of the complainant's bill the defend- ants deny that the defendant corporation caused garments to be manu- factured in imitation of the garments manufactured by the complainant, and deny that it caused the catalogue therein mentioned to be printed, but say that the complainant made false and fraudulent misrepre- sentations to the defendant, M., concerning the process and materials employed in the manufacture of the complainant's floating garments and that said garments were made and the floating material therein manufactured by a secret process known only to the complainant and thereby induced the said M. to enter into negotiations with the com- plainant for the agency for the manufacture and sale of the com- plainant's floating garments, and in contemplation of said agency and before the formation of the defendant corporation the defendant, M., caused the said catalogue to be printed, and thereafter and before the formation of the defendant corporation the said M. discovered that the aforesaid representations of the complainant were false and fraudu- lent and that the said floating garments and the floating material therein were not made and manufactured by a secret process known only to the complainant, and the said M. thereupon broke oS negotia- tions with the complainant, and after the formation of the defendant corporation a new catalogue was caused to be printed and circulated by said corporation, in which there were no photo engravings showing the complainant's floating garments in actual use, and no instructions of the complainant for the use of the same, and no copies of testimonials from the complainant's purchasers, and nothing to create the impres- sion that the garments manufactured and offered for sale by the de- fendant corporation were those of the manufacture of the complainant; and as to the circulation of the catalogue mentioned in said para- graph 8, the defendants deny that they or any of them ever circulated or caused the same to be circulated. 9. In answer to paragraph 9 of the complainant's bill the defendants deny that they or any of them have sold or are selling any garments by means of said catalogue mentioned in paragraph 8 of the com- plainant's bill or by means of any false and fraudulent misrepresenta- tions, and deny that the public are being deceived as to whose garments they are purchasing; and the said defendants say that the defendant corporation has sold and is selling garments of its own manufacture, and that said garments are not inferior but are superior to those manufactured by the complainant. 10. In answer to paragraph 10 of th^ complainant's bill, as to the FEDERAL FORMS FOR ANSWERS 1095 truth of the allegations therein regarding the complainant's negotia- tions for an agency in the United States, the defendants have- no knowledge or information, and neither admit nor deny, but leave the complainant to prove the same; but the defendants deny that any act of them or any of them was fraudulent as therein alleged or that they or any of them through fraud or wrongful conduct has caused any person or firm to withdraw from negotiations with the complainant, or now renders the complainant unable to arrange for the sale of its garments in the United States, or had excluded the complainant from the American market for its wares. 11. In answer to paragraph 11 of the complainant's bill, the de- fendants deny that any wrongful act of them or any of them has injured or is injuring the good will of the complainant's business or defrauding the public; or has done or will result in any irreparable injury or any injury whatsoever, as therein alleged. And further answering to the whole of the complainant's bill the defendants deny all allegations therein of any wrongful or unlawful conduct on the part of the defendants or any of them, and all other allegations therein contained except such as are herein expressly admitted. Wherefore the defendant prays that the plaintiff's bill may be dis- missed with costs to the defendant in this behalf wrongfully sustained. (Signatures.) Form No. 1145 ANSWER TO BILL TO ENJOIN INFRINGEMENT OF TRADE MARK 73 (Title and Commencement.) 1. The defendant admits the matters and things set up. in paragraph 1 of said bill of complaint. 2. The defendant admits that he has been and still is doing business in the city of Providence and state of Rhode Island, and that he is a resident of the city of Providence in said district of Rhode Island and a citizen of said state of Rhode Island. 3. The defendant denies all the matters and things set up in para- graphs 3, 4, 5, 6, 7, 8, 9, and 10 of said bill of complaint. 4. The defendant denies the matters and things alleged in para- graph 11 of said bill of complaint and says that at no time did this defendant infringe the said trade mark or advertise any goods for sale bearing the said words "Magic Serpent" or use any box, package or other enclosure bearing the said words "Magic Serpent," or in any other manner except as hereinafter set forth in any way trespass or infringe upon the trade mark set forth in said bill of complaint. The defendant further answering says, that about January 1, 1911, he formed a copartnership with one S. R. and W. R., both also of the said city of Providence, and the said copartnership since the date last above mentioned has been engaged in business in the said city of Providence under the firm name and style of "Great Eastern Novelty Company" and that from the last mentioned date the said T3 See bill. Form No. 1125, ante, p. 1024. 1096 EQUITY FORMS copartnership has been engaged in a small way in the manufacture of hand fireworks, noise producers and general novelties, and that at no time has there been invested in the aggregate in said business more than the sum of five hundred ($500) dollars; that said copart- nership manufactured from certain chemical products a certain novelty or form of fireworks which they advertised as "Magic Indian Snakes;" that said goods were packed in small pasteboard containers or boxes having thereon a picture or drawing of a coiled snake, and that this commodity was sold and advertised under the name of certain num- bers, to-wit, No. 0, No. 1, No. 2, and No. 3, and that all of the said boxes or containers were purchased from the predecessor of said co- partnership in said business and had been used by their said pre- decessor for a long time prior thereto; and further that said copartner- ship has not from said last mentioned date purchased any other of said boxes or containers save and excepting one order that were pur- chased in the open market and were the same in^ every respect as those purchased by said copartnership from their predecessors in said busi- ness and heretofore described in this answer. 5. The defendant further answering says that his interest in the copartnership above referred to is that of one-half and that the manu- facture of the commodity above referred to, to-wit, "Magic Indian Snakes," has been a small portion of their business, and that they have not at any time made any profits in the manufacture thereof, and that the aggregate value of the commodity so manufactured by them during the time that your said respondent has been connected with said copartnership would not exceed the sum of twelve hundred ($1,200) dollars, including the commodity sold tmder the different numbers above referred to. 6. The defendant further answering says that the controversy between the plaintiff and this defendant, exclusive of costs, will not involve a sum in excess of the sum of three thousand ($3,000) dollars. The defendant denies all other matters and things in said plaintiff's bill of complaint contained and not specifically answered herein. The allegations of the defendant in this his answer to said bill of complajnt are hereby made by said respondent in bar of the plaintiff's bill and he prays that he may have the same benefit therefrom as if pleaded in bar of said bill by way of plea. Wherefore the defendant prays to be hence dismissed with his reasonable charges and costs in this behalf most wrongfully sustained. (Signatures.) Form No. 1146 ANSWER TO BELL TO ENJOIN INFEINGEMENT OF PATENT T4 (Title and Commencement.) 1. This defendant admits that the G. S. K. Company, Inc., is a cor- poration organized under the laws of the state of Rhode Island, having its principal office at Providence, in the county of Providence, and state of Rhode Island. 2. The defendant admits that United States Patent No. 985,075 and 74 See bill, Form No. 1122, ante, p. 1014. FEDERAL FORMS FOR ANSWERS 1097 dated February 21, 1911, for alleged improvement in a fastening device for ribbon bows and the like was granted to one G. E. T. ; but whether said patent was duly applied for and issued according to law the de- fendant does not know, and whether the complainant has acquired title to said patent the defendant does not know; and upon all said matters the complainant is required to make proof. 3. As to matters contained in paragraphs 2 and 3 of plaintiff's bill said defendant has no knowledge and therefore denies the same and leaves the plaintiff to his proof. 4. As to matters contained in paragraph 4 of complainant's bill, said defendant avers that at no time within the period of six years last past therein alleged, has it infringed said patent by making, using and selling devices containing the invention of said letters patent and the claim thereof, since its grant in the United States. 5. As to matters contained in paragraph 5 of plaintiff's bill, said defendant avers that it does not continue or threaten to continue in- fringement of said patent in manner and form as therein alleged. 6. Said defendant denies that it has infringed said patent and further denies that it has ever derived any profit from any making, selling or using of said patent; as would amount to an Infringement thereof; and likewise denies that the complainant ever incurred any damage from any such transactions committed or caused to be com- mitted by the defendant. 7. Said defendant admits that it was employed by G. E. T. & Co., but without any notice of the authority of said complainant as in said paragraph 7 of bill alleged, to manufacture devices embodying the invention of said letters patent, and defendant did manufacture certain quantities of said devices, but only in accordance with and by per- mission of the said G. E. T. & Co. first had and obtained; and as to all such further allegations in said complainant's bill as it is material to make answer to said defendant denies said allegations severally and in toto except such allegations as may be specially admitted in this answer. 8. And for further answer said defendant denies that said G. E. T. was the true, original and first inventor of the device covered by said patent No. 985,075; and it further avers that said device in said patent described was not an Invention when produced by said T.; and that it was not novel at that time and that in the state of the art then existing it required not invention but only mechanical skill to produce said device; and that the same when produced by said T. was not a patentable combination, but a mere aggregation. 9. Said defendant, on information and belief, says that said alleged invention was in public use more than two years before the said G. E. T. made application for letters patent thereon, and that the said G. E. T. actually abandoned the said invention before any application was made. 10. Said defendant, upon information and belief, says that said alleged patent was not issued within the time prescribed by law after allowance thereof. 11. And defendant further says that devices substantially identical in character with said device covered by said letters patent mentioned in said bill were previously patented in letters patent of the United 1098 EQUITY FORMS States granted to G. E. T., being letters patent 906,575, granted Decem- ber 15, 1908; No. 887,149, granted May 12, 1908; and that like devices were previously described in tbe following letters patent of the United States: No. 393,886, Dec. 4, 1888; No. 565,884, Aug. 18, 1896; No. 597,295, Jan. 11, 1898. 12. Said defendant answering further as to the patent mentioned in said bill says that it denies that the validity of the patent has been generally recognized or acquiesced in by the public; and it denies all infringement of said patent; and likewise denies that the complainant ever incurred any damage from any such transactions committed or caused to be committed by the said defendant as in complainant's bill alleged. 13. And defendant further says that complainant does not suffi- ciently set forth its title in and to the rights arising under said patent to constitute a valid cause of action in equity. All of which defenses said defendant is ready to aver, defendant prove as this Honorable Court shall direct and it prays to be dismissed hence with its costs in this behalf sustained. (Signatures.) Form No. 1147 ANSWER TO BILL TO ENJOIN INFRINGEMENT OF COPYKIGHT OF CALENDAR" (Title and Commencement.) 1. These defendants admit that the plaintiff is a corporation or- ganized and existing under the laws of the State of Illinois, and that its principal office and place of business is in Chicago, Cook county, Illinois. 2. The M. L. Co., defendant, admits that it is a corporation organized under the laws of the state of Illinois and that it is located and doing business at 1516 Wabash avenue, in Chicago, Illinois, and the N. L. C. Co., defendant, admits that it is a corporation organized under the laws of the state of West "Virginia, and is located and doing business at the Union Stock Yards, at Chicago, Illinois. 3. These defendants admit that a certificate of registration of a copyright designated under the registration entry Class A XXC No. 318,506, was issued to B. McN. Co., plaintiff. 4. These defendants are without knowledge as to whether or not the plaintiff corporation is the rightful or legal author or proprietor of the said copyright or certificate Class A XXC No. 318,506, therefor, and therefore denies that it, the said plaintiff corporation, is the rightful and legal author or proprietor of said copyright 5. These defendants deny that there is any legally copyrightable subject matter in the so-called historical calendar, constituting the subject matter of said copyright Class A XXC No. 318,506, either in its entirety or in any part thereof, and therefore alleges that said copyright is not a proper and lawful kind of monopoly or franchise provided by the law for the protection of calendars, similar to that described in said bill of complaint, if new and original, or manufac- 75 See bill. Form No. 1131, ante, p. 1042. FEDERAL FORMS FOR ANSWERS 1099 tured products of a like character, and therefore asserts that said copyright is invalid, null, void and of no effect. 6. These defendants deny that there is any originality or novelty either in the design of the twelve pages constituting the so-called his- torical calendar or in any of the illustrations of historical events appearing thereon, and declares the same to be old and public property. 7. These defendants further deny the right of plaintiff to maintain this suit or to any restraining order, or injunction, either preliminary or perpetual, enjoining the defendant corporations from continuing to manufacture, sell and dispose of the calendars, which it is alleged in said bill of complaint, infringe the said copyright, and deny the right of the complainant to an accounting as prayed for in its said bill of complaint, and deny complainant's right to any damages for alleged injury which it asserts it has suffered, and deny its right to any relief of any kind or nature whatsoever, as prayed for by and in his said bill of complaint. Wherefore, these defendants respectfully pray the Court to dismiss the plaintiff's bill of complaint, and award the defendants their costs which they have sustained by reason of the said complaint. (Signatures.) Form No. 1148 ANSWER SETTING UP COUNTER CLAIM OR SET-OFF 78 (Title and Commencement.) 1. The defendant admits that the S. C. Co., defendant herein, on the 17th day of November, 1886, mortgaged to the plaintiff the property as set forth in the plaintiff's bill to secure the payment of a note for $30,000 on the terms and conditions as set forth in the plaintiff's bill, and that there is due on said note today the sum of $28,254.91. 2. The defendant says that on or about August 2, 1883, the de- fendants, J. K. and R. M., pretended to have an interest in said mort- gaged property by reason of certain judgments in their favor against the C. S. Co. as in the original bill stated. Said judgments were obtained on promissory notes made by said C. 3. Co. to the O. & W. Bank and transferred by said bank to the said 'defendants, respectively. The said defendants, J. K. and R. M., claim that the defendant's mort- gages are fraudulent and void as to them because the company was insolvent at the date thereof and the dates on which their judgments were obtained existed prior thereto, and that said mortgages were not made to secure a loan of money, but to secure the payment to this defendant from the C. S. Co. for shares of stock therein then sold by the said defendant to the said C. S. Co. The said J. K. and R. M. commenced suit in the State Circuit Court for county against this defendant, assailing said mortgages on said grounds, which suit has since been moved to this Court. 3. The said J. K. and R. M. are estopped to say that said mortgages are void as to them or were made to secure the payment of money for 76 Counter claim based on the facts set forth in the cross bill in the case of the First National Bank of Salem vs. Salem Capital Flour Mills Co., 31 Fed. 580. A cross bill can now be set forth in the answer. See Equity Rules 30 and 31. 1100 EQUITY FORMS stock in said company sold by this defendant thereto because said notes were transferred to them after maturity and for no consideration or purpose other than to obtain judgments thereon in their names for the benefit of the said O. & W. Bank. Although the money loaned by this defendant to said company was used by it to pay off shares of its stock then owned by sundry persons, it was, in fact, a loan by him to said company at the urgent request of its stockholders and especially of one W. R., the first president of said company, and also president of the O. & W. Bank, whose personal dissensions and differences with said stockholders made it necessary to purchase their stock or allow the company to become dissolved. The said W. R. was the chief pro- moter of the arrangement by which said company borrowed this money of the defendant and purchased said shares of stock and, as president thereof, executed the notes and mortgages thereof to the said de- fendant, the said W. R. being at the same time president of the O. & W. Bank and a large stockholder therein, whereby said bank had knowledge of the facts and circumstances of the transaction and assented to the sanle. 4. The oflicers of the said O. & W. Bank assert that the said R. M. resides in London, but, this defendant is informed and believes and therefore alleges that he is a fictitious person, and that whatever claim he or the said J. K. may have against said mortgaged property is sub- sequent and subject to a lien of the defendant's mortgages. Wherefore the defendant prays: (1) That the lien of his mortgages may be enforced in this suit. (2) That on the sale of the property the trustees thereof, after paying the costs and expenses of this suit, may first apply the proceeds of such sale to the payment of the defendant's demand and the re- mainder as the Court may direct. (Signatures.) Form No. 1149 ANSWER IN LIEU OF DEMURRER " (Title and Commencement.) 1. For answer in lieu of demurrer to the plaintiff's bill the de- fendant says that the plaintiff has not in or by his said bill made or stated such a case as entitles him in a court of equity to any discovery or relief as to the matters contained in said bill or any of such mat- ters, and for special ground of demurrer this defendant says (here set forth the special cause, as, for example, that it appears from the plain- tiff's an that A. B., of the personal representative of C. D., the testator therein named, is a necessary party to said till, iut no such representative has teen named as a party thereto, nor any reason given for the omission to maTce such representative a party). 2. And for further answer to the plaintiff's bill this defendant says (then set out the answer proper in paragraphs numtered seriatim). Wherefore the defendant prays that the plaintiff's bill may be dis- missed with costs. (Signatures.) 77 Under Federal Equity Rule 29. FEDERAL FORMS FOR ANSWERS 1101 Form No. 1150 ANSWER IN LIEU OF PLEA OF LACHES 78 (Title and Commencement.) 1. For answer in lieu of plea to the plaintiff's bill this defendant says that on or about the first of October, 1903, this defendant showed the plaintiff certain proofs and samples of labels bearing the picture and fac simile of a lily and the words "Lily Brand" upon the same in gilt letters, which is claimed by the defendant in these proceedings as his trade mark, and informed the plaintiff that the defendant pro- posed to use the same upon a special brand of canned corn which the defendant was proposing to introduce into the market, and that the plaintiff made no objection to such use of said labels and alleged trade mark on the part of the defendant and this defendant therefore pro- ceeded to have printed at large expense and pasted upon the cans of corn many thousands of said labels, and sold said cans of corn thus labeled with said trade mark and expended large sums of money in creating a market and demand for said brand and has continued so to do without objection or interference in any way on the part of the plaintiff, for a period of more than ten years, to-wit, till January 4, 1914, when the plaintiff wrote to the defendant demanding that he discontinue the use of said brand and label. Wherefore this defendant says that the plaintiff has been guilty of laches in the same and pleads the same in bar of the plaintiff's bill. (Signatures.) Form No. 1151 SUPPLEMENTAL ANSWER 79 (Title of Original Cause.) , Having obtained leave of Court on the day of , 19 . . C. D., X. Y., the defendant la the above entitled cause, files the fol- lowing supplemental answer, alleging material facts, of which the said defendant at the time of filing his original bill was ignorant. (Insert substance of supplemental answer in paragraphs numbered seriatim. ) X. y. By , his attorney. Solicitors for Defendant. Form No. 1152 SUPPLEMENTAL ANSWER so (Title of Original Cause.) Now come the defendants in the above entitled cause and by leave of Court present the following supplemental answer, and say: 1. That heretofore, on the 14th day of December, 1912, they filed their answer to the plaintiff's bill of complaint in this Honorable Court. 2. That subsequent to the filing of said answer and the joining of T8 Under Equity Rule 29. 79 Under Equity Rule 34. 80 Taken from the original on file in the U. S. District Court of New Hampshire. 1102 EQUITY FORMS issue thereon, and during the progress of hearings before the masters to whom said cause was referred by this Honorable Court, the G. I. Company, the plaintiff in said suit, on or about July 7, 1913, sold and transferred all of the thirty-five shares of stock in the defendant, the J. Company, held by it as plaintiff as stated in the original bill, together with six other shares of stock in said the J. Company held by it at the time of the filing of said bill but not therein mentioned, to the following persons: (Set forth names and number of shares held by each person.) and that on or about said 7th day of July, 1913, said G. I. Company caused all said forty-one shares of stock to be unconditionally trans- ferred to the above named transferees on the books of the said the J. Company, and new certificates therefor to be issued to said trans- ferees. 3. That the forty-one shares so transferred constituted all the stock in said the J. Company which was at the date of the transactions complained of in its said bill, or which has been at any time since, owned by the said G. I. Company; that by selling and transferring said stock as aforesaid the said G. I. Company has parted with and divested itself of all interest in the defendant the J. Company, or in the subject matter of this suit; and that it has accordingly ceased to be a competent complainant in this case and has no standing to maintain this suit. 4. That none of the above mentioned transferees were the owners or holders of said shares or of any shares of stock in said the J. Com- pany on May 10, 1911, at which date the stockholders voted, subject to the removal of the injunction then pending in the state court of New Hampshire, to sell all the assets of the J. Company to the N. M. Company as set up in the votes referred to in the original bill and answer; that none of said transferees have sought to become plaintiffs herein in lieu of said G. I. Company or to revive this suit by original or supplemental bill, bill of revivor, or otherwise; and that by virtue of their non-ownership of any stock in the defendant, the J. Company, at the time of the transactions in the bill complained of, none of them are competent to become plaintiffs herein under Rule 27 of the Rules of Practice in Equity, promulgated by the Supreme Court of the United States November 4, 1912. Wherefore the defendants pray that the bill of complaint herein be forthwith dismissed for lack of competent parties plaintiff, with costs to these defendants. (Signatures.) Form No. 1153 INTEEEOGATOEIES BY PLAINTIFF si (Title.) Now comes the plaintiff after filing his bill, and within twenty-one days after the joinder of issue (or if subsequent to twenty-one days and by leave of Court, say, and having first obtained leave of Court), files the following interrogatories to the defendant A. D. Company, 81 Under Equity Rule 58. FEDERAL FORMS FOR ANSWERS 1103 E. F. and C. G., with a note at the foot thereof stating which of said interrogatories each of said parties is required to answer. 1. Have you sold within the ten years last past any cans of corn bearing thereon a picture or fac simile of a lily with the words "Lily Brand" In gilt above the same? 2. If your answer to the above interrogatory is yes, state how many of such cans of corn you have sold and to whom you sold the same, giving the address of such persons or parties and the date and amount of each sale. 3. Have you within ten years last past purchased of the A. D. Company any cans of corn bearing thereon a picture or fac simile of a lily with the words "Lily Brand" in gilt above the same; if so, state how many of such cans of corn and the date and amount of each purchase, and how many of the same are now in your posses- sion. 4. State whether or not you have in your possession any cans of corn bearing thereon a picture or fac simile of a lily with the words "Lily Brand" in gilt above the same, and if so, how many of the same and where they were procured, and whether they are now in your possession with intent to sell the same. (Signatures.) Note. — Of the above interrogatories, the defendant A. D. Company is required to answer Interrogatories 1 and 2, the defendant E. F. is required to answer Interrogatory 3, and the defendant C. G. is required to answer Interrogatory 4. Form No. 1153a ANSWER TO BILL POE INFRINGEMENT OF PATENT AND ACCOUNTING i (Title, Address and Commencement.) 1. Defendant admits that it is a corporation as alleged in the bill of complaint and that it has a regular and established place of busi- ness in the District of New Hampshire. 2. Defendant admits that Letters Patent of the United States No. 1,055,754 were issued March 11, 1913, to the plaintiff, Oscar P. Johnson, for an alleged improvement in toe steamers, but defendant denies that said Oscar P. Johnson was the original, first and sole in- ventor of the alleged improvement and denies that said alleged im- provement was not known or used by others in this country before his alleged invention or discovery thereof. Defendant has no knowl- edge whether or not the alleged invention or discovery was patented or described in any printed publication in this or any foreign country before the alleged invention or discovery thereof by the said Oscar P. Johnson, or whether or not it was in public use or on sale in the United States for more than two years prior to his application for Letters Patent. 3. Defendant denies that It has in any manner violated plaintiff's rights or infringed upon said Letters Patent No. 1,055,754, or that it has, within the District of New Hampshire or elsewhere in the United 1 Taken from file of U. S. District Court of New Hampshire. For bill to which the above answer see Form No. 1120a. 1104 EQUITY FOEMS States, made or used any toe steamers made in accordance with, em- bodying or containing the invention of said Letters Patent or that it Is prepared and ready so to do; and denies that it has derived and received, or is deriving and receiving great or any gains or profits from its alleged infringement. 4. Defendant admits that it has been notified of said Letters Pat- ent and of its alleged infringement thereof. 5. Defendant avers that the alleged invention or improvement or material and substantial parts of the same described and claimed as new in said Letters Patent and attempted to be patented thereby were, before the assumed or supposed origination or discovery thereof by said O. J., known and used by defendant and by J. J., now of North Abington, Massachusetts,, at defendant's factory in Nashua, New Hampshire, and at other defendant's factories. 6. Defendant further avers that before the alleged invention by the said O. J. of the improvement described and claimed as new in said Letters Patent and attempted to be patented thereby, the same improvement or material and substantial parts thereof had, in fact, been invented by J. J., now of North Abington, Massachusetts, and were by him thereafter disclosed and communicated to the plaintiff O. J.; that said J. J. used reasonable diligence in adapting and per- fecting his said invention and thereafter made application for Let- ters Patent of the United States upon the same, which application has been allowed, and the .Letters Patent are about to issue; and that said O. J., surreptitiously and unjustly obtained his said Let- ters Patent No. 1,055,754 for that which was in fact invented by the said J. J., who was using reasonable diligence in adapting and per- fecting the same. 7. Defendant further avers that if the plaintiff, O. J., was the first and original inventor of the improvement, or material and substan- tial parts of the same, described and claimed as new in said Letters Patent No. 1,055,754 and attempted to be patented thereby, which defendant denies, defendant has an implied license under the said Letters Patent by reason of the fact that, as defendant is informed and believes, plaintiff first manufactured devices of this character upon the order of this defendant and installed them in defendant's factory for defendant's use and entirely at defendant's expense. WHEREFORE, the defendant prays that the bill of complaint be dismissed with costs. (Signature.) Form No. 1153b ANSWEE TO BHJ. TO ENJOIN INFRINGEMENT OF PATENT AND FOE PROFITS AND DAMAGES (TitU.) I. Defendant admits the incorporation and citizenship of the par- ties as alleged in the complaint. II. Defendant admits that Letters Patent of the United States No. 845,224 were issued on February 26, 1907, to the plaintiff, as as- signee of William Eibel, of Rhinelander, Wisconsin, for certain alleged improvements in Fourdrinier machines; but denies that the said William Eibel was the first and original inventor of any alleged FEDERAL FORMS FOR ANSWERS 1105 improvements in Fourdrinier machines described, illustrated or claimed in said Letters Patent, or was lawfully entitled to apply for and to obtain United States Letters Patent for such alleged improve- ments as set forth in the second and third paragraphs of the com- plaint. III. Defendant denies, upon information and belief, that any pat- entable invention is described or claimed in said Letters Patent; denies that the alleged invention is of great, or of any, value or util- ity; ^denies that plaintiff has been engaged in the business of promot- ing the use, under license from the plaintiff, of Fourdrinier machines embodying the inventions described and claimed in said patent, and operated as therein described; denies that plaintiff has spent large, or any, sums of money in advertising and carrying on said business, or in promoting the use of said alleged improvement, or making the public acquainted with the advantages thereof; denies that any ma- chines constructed according to the alleged inventions described in said patent, and operated as therein described, have been, or are, in use under license from plaintiff, and denies that said alleged inven- tions have proved very advantageous and successful. IV. Defendant admits the allegations of the fifth paragraph of the complaint; but alleges that said suit was not adequately or prop- erly defended; that in the trial of said suit the prior art was not fully and completely presented to the court, but that the most important and pertinent prior patents, and the most important and pertinent uses appearing and existing in the prior art were not pleaded or proven in said suit; that if a full and complete showing of the pat- ents and uses of the prior art had been set up and proven by the de-' fendant in said suit, and if other important defenses against said pat- ent had been presented to the court, the decision of the Court of Appeals would have been against the validity and infringement of said patent and the said court would have ordered the bill of com- plaint in said suit dismissed. V. Answering the sixth paragraph of the complaint, defendant alleges that neither the plaintiff nor any person, or persons, acting for or under it has ever made or vended any machines embodying the construction described and claimed in said Letters Patent; and further alleges that if the plaintiff has caused the word "Patented" together with the day and year the said Eibel patent was granted to be aflixed to any Fourdrinier machines, the same has been done im- properly and illegally. VI. Further answering the defendant alleges that said patent is invalid and void for the following reasons: (a) Because the specification of said Letters Patent is not suffi- ciently full and exact to enable a person skilled in the art to practice the alleged invention therein set forth; and the claims of said Letters Patent, and each of them, do not particularly point out and distinctly set forth any invention sought to be covered thereby, as required by the statutes. (b) Because the machine illustrated and described in said Let- ters Patent is inoperative. (c) Because all material or substantial parts of said alleged in- vention were patented or described in divers Letters Patent of the 1106 EQUITY FORMS United States, Great Britain and Germany prior to the date of the supposed invention thereof by the said William Eibel, as follows: No. 634,228, C. E. Barrett and J. H. Home, October 3, 1899; No. 654,651, H. L. Kutter, July 31, 1900; No. 675,072, T. H. Savery, May 28, 1901; No. 683,949, H. L. Kutter, October 8, 1901; No. 684,081, J. W. Moore and J. A. White, October 8, 1901; No. 691,333, C. E. Barrett and J. H. Home, January 14, 1902; No. 742,239, T. H. Savery, October 27, 1903; No. 809,832, J. W. Moore and J. A. White, January 9, 1906; British Letters Patent No. 33 of 1864, granted to James Easton, Jr., and Thomas Leigh. German Letters Patent No. 112,584, of 1900, granted to A. M. Bottger. Also in many other Letters Patent, not known at this time to this defendant, definite allegations concerning which, when discovered hereafter, defendant prays leave of court to incorporate herein by suitable amendment hereto. (d) Because all material or substantial parts of the said alleged invention set forth and claimed in said Letters Patent No. 845,224 were described, prior to the said alleged invention thereof by the said William Eibel, in divers printed publications, to wit: the specifica- tions and drawings of each of said Letters Patent hereinbefore in the last paragraph referred to, and in printed copies thereof, printed and circulated by the United States Patent Office, and also in other printed publications to which defendant prays leave to refer here- after by amendment or otherwise, when it has fully ascertained the same. (e) Because the devices and combinations of devices set forth and claimed in said Letters Patent No. 845,224 had been in public use in the United States for more than two years prior to the application of said Eibel for said Letters Patent by various corporations, firms and individuals, and that among such prior uses are the following, to wit: By the J. H. Home & Sons Company, a corporation of Lawrence, Massachusetts, and by Charles E. Barrett, J. H. Home and John E. Home, all of Lawrence, Massachusetts; by the Pusey & Jones Com- pany, a corporation of Wilmington, Delaware; by Thomas H. Savery of Wilmington, Delaware; said uses by the J. H. Home & Sons Com- pany being known to said Charles E. Barrett, J. H. Home and John E. Home, and to other officers and employees of the J. H. Home & Sons Company; and said uses by the Pusey & Jones Company being known to said Thomas H. Savery, and to other officers, employees and customers of said Pusey & Jones Company, at Wilmington, Dela- ware, and elsewhere. By various other persons, firms and corporations at various places within the United States, the name of such persons, firms and cor- porations being at present unknown to this defendant, but which it craves leave to supply by amendment to its answer when the same shall have been ascertained. (f) Because in view of the prior state of the art at the date of the alleged invention by the said William Eibel, and in view of the FEDERAL FORMS FOR ANSWERS 1107 common knowledge and practice in the United States in the art of operating Fourdrinier paper making machines, and in the general art of paper making, and in view of Letters Patent and other printed publications illustrating and describing said arts prior to the date of said alleged invention of said Eibel, the alleged new and useful im- provement described in said Letters Patent No. 845,224 did not con- stitute a patentable invention; that the creation of said alleged in- vention came about solely through the exercise of ordinary mechan- ical or engineering skill, and that it so originated in the paper mill in which the said Eibel was at the time employed, and without direc- tion, supervision or participation by him; that any subsequent elab- oration of such original, ordinary mechanical work by way of execu- tion of further plans and drawings and preparation of specification for Letters Patent involved no more than exercise of mere mechan- ical or engineering skill; that the arrangement of ordinary Fourdri- nier machines with the making wire thereof at the slant or pitch illustrated or described in said Letters Patent is commonly brought about in the paper making art by the placing of inclined blocks un- der the standards of such machines and without any reconstruction of or change in said machines, all of which involved no more than the exercise of mere mechanical or engineering skill. Defendant further avers that the same degree and character of mechanical or engineering skill was at and prior to the alleged invention by said Eibel constantly being exercised by the employees of various other paper mills throughout the country, by the use of inclined blocks under the legs of Fourdrinier machines, without changing or recon- structing said machines, which enabled said machines to produce re- sults identical with or fully equivalent to the results alleged to be obtained by the alleged improvement set forth in said Eibel patent. VII. Further answering defendant admits that it owns and oper- ates at its paper mill at International Falls, Minnesota, Fourdrinier machines, which machines, defendant avers, are constructed under, in accordance with and by authority of the above named Letters Pat- ent to T. H. Savery No. 742,239, issued October 27, 1903; and de- fendant further avers that its said machines do not differ in any ma- terial respect or particular from the construction shown and de- scribed in said Savery patent, which was issued to said Savery long prior to the date of the alleged invention of said Eibel disclosed in said Letters Patent No. 845,224, in suit herein. VIII. Further answering defendant avers that said Letters Pat- ent No. 845,224 are wholly invalid and void because, for the pur- pose of deceiving the public, the description and specification filed by the applicant, William Eibel, in the Patent Office, on behalf of the patentee, the plaintiff herein, was made to contain less than the whole truth relative to the applicant's alleged invention or discovery. IX. Further answering the defendant avers that the devices used by the defendant and complained of in the said bill of complaint do not in any sense constitute infringement of said Letters Patent, or of any claim thereof, but embody arrangements and constructions of Fourdrinier machines, devised, constructed and in general public use long prior to the alleged invention set forth in said Letters Patent, and that the claims of said Letters Patent, and each of them, if con- 1108 EQUITY FORMS strued to cover the machines and devices used by the defendant, are invalid. X. This defendant, further answering, denies that it has done any act or thing, or is doing any act or thing, or proposed to do any act or thing in violation of any alleged right, exclusive or otherwise, belonging to the plaintiff, or secured to it by said Letters Patent, or that the said plaintiff is entitled to an injunction, either preliminary or perpetual, or to an accounting, or to any other relief prayed in its said complaint. {Sigruitwre and Verifleation.) CHAPTER XXXIX FEDEEAL FORMS FOR MOTIONS Form No. 1154 FORMAL PARTS DISTRICT COURT OF THE UNITED STATES. District of Division. A. B.I vs i ^^ Equity. C.D.J No Now comes the plaintiff (or defendant) in this case and moves the Court (insert substance of motion). Dated this day of , A. D. 19. .. X. Y., Solicitor for Plaintiff. {Or A. B. by X. Y., his solicitor.) Form Xo. 1155 NOTICE OF MOTION AND ACKNOWLEDGMENT (Title.) April 10, 19... To S. & S., Attorneys of Record for Defendant in Above Entitled Cause Gentlemen: — Please take notice that I shall present the accom panying motion to the District Court of the United States for the DiS' trict of Massachusetts at the Court room in the PostoflSce building, Boston, Massachusetts, on Monday, April 14, 1913, at 11 o'clock a. m. or as soon thereafter as the same may be heard. Solicitor for Plaintiff. Service of the foregoing notice and copies of the motion acknowl- edged this 10th day of April, 19. .. , Solicitors for Defendant. Form No. 1156 MOTION TO AMEND 1 (Title.) Now comes the plaintiff In the above entitled cause and asks leave of Court to amend his bill of complaint by striking out the third para- graph thereof and inserting in place of the same the following: (Signature of solicitor.) 1 See Equity Rule 19. 1109 1110 EQUITY FORMS Form No. 1156a MOTION TO AlUBND (ALTERNATIVE FCEM) iTitle.) Now comes the plaintiC in the above entitled cause and asks leave of Court to amend his bill of complaint by striking out paragraphs and insert in place of the same the following: , so that said amended bill shall read as follows: {Insert amended bill.) (Signature of solicitor.) Form No. 1157 MOTION FOR SUBSTITUTED SERVICE 2 (Title.) Now comes the plaintiff In the above entitled cause and says that there is now pending and undetermined in this Court an action at law, heretofore brought by the defendant against this plaintiff; that the bill of the plaintiff herein is ancillary thereto; that the defendant herein is not to be found in this district and is a corporation organized under the laws of New York, but that in said law action C. F. C, Jr., Esq., of Boston, Massachusetts, is attorney of record for said corpora- tion. Wherefore plaintiff moves for an order of the Court permitting service upon said attorney of record, by delivery or subpoena to him in person or at his regular oflSce and place of business at No. 60 State street, In the city of Boston. (Signature of solicitor.) Forin No. 1158 MOTION FOR RESTRAINING ORDER s (Title.) Now comes the plaintiff in the above cause and moves the Court that a restraining order be issued restraining the defendant and all persons claiming to act under his direction, authority or control, from proceeding with foreclosure proceedings, or in any interference with the property described in the plaintiff's bill of complaint herein, or from transferring, assigning or conveying the notes and mort- gages described in said bill of complaint, pending hearing and decision on complainant's motion for an injunction pendente lite. (Signature of solicitor.) Form No. 1159 MOTION FOR RESTRAINING ORDER * (Title.) Whereas, it appears from the plaintiff in the above entitled cause that there Is danger of irreparable injury to life and property if there 2 Adapted from original on file in the U. S. Court, District of Massa- chusetts, in case of Weld vs. Knickerbocker Trust Co. 3 See Equity Rule 73. * Taken from original on file in the U. S. District Court of Maine. See bill, Form No. 1120, ante, p. 1009. FEDERAL FORMS FOR MOTIONS 1111 should be further delay; now comes plaintiff, Postal Telegraph-Cable Company, by R. T. W., its solicitor, and moves this Honorable Court to grant its restraining order against the Messalonskee Electric Com- pany, its oflacers, agents and employes, restraining said defendant company, its officers, agents and employes, from continuing to erect its poles between the poles or near the wires of the plaintiff com- pany, or in any way interfering with the plaintiff's telegraph lines, property or business, pending a hearing upon the motion for a pre- liminary injunction in said cause this day filed in said Court, notice of which said motion is forthwith to be served upon said defendant company and its counsel. (Signature of solicitor.) Form No. 1160 MOTION FOR TEMPORARY INJUNCTION AND ORDER OF NOTICE 5 (Title.) Comes now the plaintiff in the above entitled cause, and moves for the Issuance of a temporary injunction in accordance with the prayer of the bill, and for an order of notice upon this motion, in accordance with the provisions of Equity Rule No. 73. (Signature of solicitor.) ORDER OP NOTICE Feb. 20, 1913. Morton, J. Ordered, summons to show cause to issue returnable Monday, March 3, 1913, at 10 a. m. Attest, , Clerk. Form No. 1161 MOTION BY PLAINTIFFS TO DISCONTINUE AS TO CERTAIN PARTY DEFENDANTS 6 (Title.) Respectfully represents G. I. Company, the complainant herein, that certain defendants named In the bill of complaint, namely, N. H. E., F. P., and W. A. B., are citizens and residents of Boston, Massachusetts, and are outside the jurisdiction of this Honorable Court, and are not necessary parties to this proceeding; that no subpoena ad respondendum has been served and no appearance has been entered for any of the parties defendant named In said bill of complaint: Wherefore your petitioner prays for an order dismissing said N. H. E., P. P., and W. A. B. as parties defendant hereinbefore appear- ance and before service on any of said defendants. (Signature of solicitor.) 5 Under Equity Rule 73. Adapted from original on file In the U. S. District Court of Massa- chusetts. » Taken from original on file in the U. S. District Court of New Hampshire. 1112 EQUITY FORMS Form No. 1162 MOTION BY PLAXNTXTF FOB FUETHEB AND BETTER STATE- MENT ' {Title.) Now comes the plaintiff in this cause and moves this Court that the defendant be required to file a further and better statement of the nature and ground of his defense by showing whether (.insert here what it is desired shall 6e shown.) (Signature of solicitor.) Form No. 1163 MOTION BY PLAINTIFF FOE FtniTHEE AND BETTEE STATE- MENT— (PEECEDENT) 8 (Title.) And now comes the plaintiff and moves that the defendants herein be ordered to make a further and better statement of the nature of their defense in the following particulars: 1. That the defendants shall state with reference to section 14 of their answer: (a) Which of the twelve instances of prior manufacture, use and sale therein set forth they will rely upon at the trial. (b) Whether or not the things alleged to have been made known, sold or used, and which are to be relied upon at the trial are still in existence, and if so, where they are located. (c) Particulars as to the dates and precise places when and where the devices to be relied upon were made or used. (d) If such devices are not in existence, particulars as to the dates and places where they were last in existence and the names and resi- dences of the individuals familiar with them. That all such particulars be sufficient to enable plaintiff fully to identify and investigate the facts of defense to be relied upon at the trial. (Signature of solicitor.) Form No. 1164 MOTION FOR LEAVE TO FILE SUPPLEMENTAL BILL s (Title.) And now comes J. W., of , county of , state of and respectfully shows: On the day of , A. D. 19. ., one O. P. M. filed his bill of complaint in this Court against A. B., defendant, for the purpose of establishing his right to certain premises In the city of in the county of and state of , and prayed 7 Under Equity Rule 20. By the new rules the right to except to bills, answers or any pleading is abolished. The rule permitting a motion for a further and better statement would seem to be a necessary result of this new practice. 'Under Equity Rule 20. Taken from original on file in the U. S. District Court of Massachusetts. » See Equity Rule 34. FEDEEAL FORMS FOR MOTIONS 1113 that a claim which the said A. R. asserted thereto might be declared a cloud on the title of the said O. P. M. The defendant appeared and answered said bill, and on the • • ■ day of 19 . . , a decree was entered establishing the superiority of the title of said 0. P. M., which decree ordered that the said A. R. should execute a conveyance of the said premises to the said O. P. M. within a designated time, and, upon his failure so to do, a special master was to be appointed for that purpose and was to be invested with the authority and directed to make such convey- ance. The said A. R. did not appeal from this decree, which remains in full force and effect, but he refused to make the conveyance, and the special master thereupon on the day of , 19 . ., by deed, transferred the property to said 0. P. M. Thereafter, on the- day of 19... O. P. M. conveyed the said premises to the plaintiff J. W. On the day of , 19.., the said A. R. re-entered and resumed possession of the premises in violation of the rights of the plaintiff. Wherefore the said J. W. moves that leave be granted him to file a supplemental bill against the said A. R. for the purpose of carrying into effect and enforcing the decree rendered in the suit brought by said O. P. M. against said A. R., and such general and special relief as may be proper. (Signature of soUeitor.) Form No. 1165 MOTION FOR A REVIVOR AND ORDER THEREON w (.Title.) And now comes the plaintiff in the above entitled cause and moves that whereas the original defendant in said cause, A. B., died on the day of , 19.., and thereafter on the day of , 19 . . , one C. D. was duly appointed administrator of the estate of said A. B. and qualified as such; that therefore the said cause be revived and proceed against the said C. D. as administrator of the estate of said A. B. (Signature of solicitor.) ORDER OF COURT REVIVING CAUSE. Upon the foregoing application of the plaintiff in the above entitled cause it is hereby Ordered, that said cause be revived and proceed against C. D. as administrator of the estate of A. B., the original plaintiff in said cause. District Judge. Form No. 1166 MOTION FOR A REVIVOR (ALTERNATIVE FORM) " (Title.) And now comes E. F. of , county of , state of , and says : 10 Under Equity Rule 45. 11 See Equity Rules 35 and 45. 1114 EQUITY FORMS That on the day of , 19 . ., A. B. of ., county of , state of filed his bill of complaint in this Court against C. D. of , county of state of , and that the said A. B. having been duly served with process appeared and put in his answer to said bill; that certain proceedings have been had before this Court in said cause, but that before the determination of the same the said A. B. died on the day of , 19..; that administration was taken out on the estate of said A. B. in the Probate Court for the county of state of and that the said B. F. was on the day of , 19. ., duly appointed administrator of the estate of the said A. B. Wherefore, the said B. F. moves this Court that after such notice shall have been given to the defendant as to the Court may seem proper, the cause may be revived by the substitution of him, the said E. F. as plaintiff, in the place of the said A. B., deceased. (Signature of solicitor.) Form No. 1167 MOTION TO STRIKE OUT PORTION OF ANSWER FOR INSUFFICIENCY 12 (Title.) Now comes the plaintiff in the above entitled cause and moves that all the allegations contained in paragraphs 5, 6 and 7 of the plaintiff's bill which are therein set up by him as an affirmative defense be stricken out, on the ground that said allegations, even If admitted to be true, are insufficient to constitute any defense to the plaintiff's bill. (Signature of solicitor.) Form No. 1168 MOTION BY PLAINTIFF TO SUPPRESS DEPOSITION i3 (Title.) Now comes A. B. C, the plaintiff herein, and moves the Court to suppress the paper purporting to be the deposition of Q. G. for want of a certificate of the magistrate before whom the said alleged deposi- tion purports to have been taken, setting forth a compliance with the directions contained in the commission under and by virtue of which the said magistrate purports to have acted; and especially because it nowhere appears that the deponent was sworn either before his answers to the several interrogatories and cross interrogatories were given by him or after the same were reduced to writing and signed by him; nor does it appear that each of the several interrogatories and cross interrogatories was read over to him and answered by him before the reading of the subsequent one: And further because the said deponent has not answered fully the several cross interrogatories in that he has not complied with the complainant's request to annex to his deposition the letter or letters received by him from his counsel 12 Under Equity Rule 33. 13 Taken from original on file In the U. S. District Court of Massa- chusetts. FEDERAL FORMS FOR MOTIONS 1115 or trom other persons named therein relating to the said deposition, or the subject matter thereof, and has not attempted to give the con- tents thereof. (Signature of solicitor.) Form No. 1169 MOTION BY PLAINTIFF FOE LEAVE TO FILE INTERROG- ATOEIES 1* (Title.) Now comes the plaintiff in the above entitled cause and asks leave of Court to file the following interrogatories in accordance with the rules in such cases made and provided, to be answered by the defend- ant C. D. under oath: (Enumerate interrogatories to which an answer is desired in para- graphsi numbered seriatim.) (Signature of solicitor.) Form No. 1170 MOTION FOR LEAVE TO FILE INTERROGATORIES FOR DISCOV- ERY OF FACTS AND DOCUMENTS BY OPPOSITE PARTY is (Title.) And now comes the plaintiff in the above entitled cause and asks leave of Court to file interrogatories in writing hereto annexed for the discovery by defendant A. D. Company of facts and documents referred to in said interrogatories which are material to the support of the plaintiff's case. (Signature of solicitor.) Form No. 1171 MOTION FOR LEAVE TO FILE INTERROGATORIES TO BE ANSWERED BY AN OFFICER OF A CORPORATION lo (Title.) Now comes the plaintiff in the above entitled cause and moves this Court to issue its order allowing him to file the interrogatories here- unto annexed and requiring the same to be answered by G. J., an officer, to-wit: Treasurer of the A. D. Company, a corporation and party defendant in this suit. (Signature of solicitor.) " See Equity Rule 58. Under this rule interrogatories are not inserted in the bill, but may be filed separately by the plaintiff any time after filing the bill, not later than 21 days after the joinder of issue, and by the defendant after filing his answer and not later than 21 days after the joinder of issue. By leave of court either party may file inter- rogatories any time subsequent thereto. The new rule is an innovation also in permitting the defendant to file interrogatories and to have a discovery without the necessity of a cross bill. 15 Under Equity Rule 58. 16 Under Equity Rule 58. 1116 EQUITY FORMS Form No. 1172 OBJECTION TO INTEBBOGATOKIES (Title.) And now comes the defendant and objects to Interrogatory 3 filed herein on the ground that the same is immaterial, irrelevant and incompetent, as complainant has no cause of action against this defendant for matters occurring after the filing of the bill of com- plaint herein, October 7, 1912. Solicitor for Defendant To , Solicitor for Complainant, Boston, Mass. Sir: — Please take notice that the foregoing objection will be pre- sented to the Court on March 24, 1913. Dated , 1913. Form No. 1173 MOTION BY PLAINTIFF FOB JURY ISSUES (Title.) Comes now the plaintiff in the above entitled cause, and moves that issues be framed therein for the trial by jury at the bar of this Honorable Court. (Signature of solicitor.) Form No. 1174 MOTION FOB BEFEBENCE TO A SPECIAL MASTEB IN A MATTER OTHEB THAN FOB AN ACCOUNTING (Title.) Now comes the plaintiff in the above entitled cause and moves that the issues of law and fact thereof be referred to a special master to take evidence and report his findings of fact and conclusions of law thereon, upon the ground that the following exceptional conditions exist, rendering such a reference desirable and necessary, viz.: (set forth the conditions). (Signature of solicitor.) Form No. 1175 MOTION FOE BEFEBENCE TO SPECIAL MASTER FOR AN ACCOUNTING " (Title.) Now comes the plaintiff in this cause and moves the Court that E. F. be appointed a special master of this Court to take and report to the Court an account of the profits which the said defendant has received or which have arisen or accrued to him from the infringe- ment of the patented invention by unlawfully making, using or vending the same as alleged in the bill, and to ascertain and report the dam- ages, if any, in addition to the profits which the complainant has sustained thereby. (Signature of solicitor.) 17 See Equity Rule 59. FEDEBAL FORMS FOR MOTIONS 1117 Form No. 1176 MOTION TO FIX TIME FOR PAYMENT OF AMOUNT FOUND DUE BY MASTER is (Title.) The complainant In the above entitled cause moves that a time be fixed in which the amount found to be due it by the master may be paid by the respondent, or in default thereof that the property described in the bill of complaint may be sold at public auction and the net proceeds applied to the settlement of the amount found due to it; that said terms of said sale shall be a reasonable deposit of cash and the balance within ten days thereafter. (Signature of solicitor.) Form No. 1177 MOTION FOR CONFIRMATION OF SALE BY MASTER (Title.) Now comes the plaintiff in the above entitled cause and moves that the sale of the property of the Company, the defendant therein, authorized and directed to be sold by J. S., special master, by decree of this Court, made and entered on the day of A. D. 1914, and which said property was duly sold by said master pursuant to said decree and to the writ of venditioni exponas Issued out of this Court, dated the day of , A. D. 1914, which said writ and report of said master of his proceedings therein were filed in this Court on the day of , A. D. 1914, be approved and confirmed. (Signature of solicitor.) Form No. 1178 NOTICE OF EXAMINATION BEFORE EXAMINER is (Title.) A. B., Esq., attorney for the defendant, please take noJjce that by order of the Honorable Judge of the district for the district of Maine, the examination of the several witnesses (enumerate) will take place at the oflBce of at , county of , state of before C. D., Esq., examiner, at o'clock in the noon. (Signature of solicitor.) Form No. 1179 DEMAND FOR ADMISSION OF EXECUTION OF DOCUMENT 20 (Title.) To C. D., Defendant in the Above Entitled Cause: The plaintiff in said cause hereby makes demand upon you to admit in writing the execution and genuineness of the deed dated 18 Taken from original on file in the U. S. District Court of Massa- chusetts. 19 See Equity Rule 53. 20 Under Equity Rule 58. 1118 EQUITY FORMS January 15, 1914, and signed "Jolin Doe," the original of which said deed is herewith submitted for your examination and a copy of which is hereto annexed, and you are hereby notified that if such admission be not made within five days from the date of this demand, the plaintiff will insist that the cost of proving the execution of said deed shaU be borne by you. {Signature of solicitor.) Form No.' 1180 MOTION BY DEFENDANT FOK OBDEB FOB SECUEITY FOE COSTS 21 {Title.) And now comes the defendant and says that it appears by the bUl of complaint that the plaintiffs in the above entitled suit reside with- out the district of Massachusetts and in the states of Pennsylvania and New Jersey, respectively, and that the N. E. S. Co., of which said plain- tiffs are receivers, is a corporation of the state of New Jersey. Wherefore the defendant moves that an order be entered directing the plaintiffs to furnish security for costs in the sum of two himdred ($200) dollars pursuant to the provisions of rule 6 of this Honorable Court. {Signature of solicitor.) Form No. 1181 MOTION BY DEFENDANT FOE SECUEITY FOE COSTS AND OEDEE THEEEON 22 {Title.) And now comes the defendant in the above entitled cause and says that the plaintiff therein resides in the state of Pennsylvania and without the district of this Court. Wherefore he moves that the plaintifl may be ordered to furnish security for costs in accordance with the rule of this Court relating thereto. {Signature of solicitor.) ORDER Feb. 5, 1913. Plaintiff ordered to furnish security for costs in the sum of two hundred ($200) dollars pursuant to Rule 6. Attest: Clerk. 21 Adapted from original on file in the U. S. District Court for the District of Massachusetts, in case of Barrett vs. Fessenden. See bill. Form No. 1123, ante, p. 1017. 22 Taken from the original on file in the U. S. District Court of Massachusetts. FEDERAL FORMS FOR MOTIONS 1119 Form No. 1182 MOTION BY DEFENDANT TO DISMISS PLAINTIFF'S BILL FOR FAILURE TO GIVE SECURITY FOR COSTS 23 (Title.) And now comes the defendant in the above entitled cause and says that upon his motion therefor which was allowed by this Honorable Court, the plaintiff was on February 4, 1913, ordered to furnish security for costs in accordance with the rules of this Court relating thereto; that on February 5, 1913, he was duly notified of such order; and that he has failed to give such security; wherefore the defendant moves that plaintiff's bill of complaint be dismissed. (Signature of solicitor.) Form No. 1183 MOTION BY DEFENDANT FOR FURTHER AND BETTER PARTICULARS 24 (Title.) Now comes the defendant and moves the Court for further and better particulars of the matters set forth in the plaintiff's bill of complaint, hereinafter mentioned, as follows: As to the number of fixtures the plaintiff has put out under the license agreement referred to in paragraph 11 of the plaintiff's bill. As to the number of fixtures the plaintiff has sold outright without any license restrictions. As to the names and residences of the parties the plaintiff will rely upon as parties to whom the defendant, with knowledge of the patents and license restrictions, has induced to infringe the patents in suit, as referred to in paragraph 13 of the bill of complaint. As to whether the complainant and its predecessor has not for the last twenty years sold extensively fixtures adapted in every way to receive the roll of paper put out, as alleged, by the defendant. As to whether any notice of any kind is placed by the complainant on the alleged licensed fixture so that a party upon seeing the same may be advised of the fact that the same is held and used under license. (Signature of solicitor.) Form No. 1184 MOTION BY DEFENDANTS TO BRING IN ADDITIONAL PARTIES zs (Title.) Come now the defendants in the above cause and respectfully rep- resent to this Honorable Court as follows: First: That this is a suit brought by the complainant as a stock- holder owning thirty-five shares of the capital stock of said The J. Company, seeking to restrain the carrying out of certain votes passed 23 Taken from the original on file in the U. S. District Court, of Massachusetts. 2* Under Equity Rule 20. 25 Taken from the files of the U. S. District Court, District of New Hampshire. 1120 EQUITY FORMS by a majority of the stockholders in said corporation providing for the sale of the assets of said The J. Company to the N. M. Company. Second: That, as appears from the defendants' answer filed herein, a similar suit was previously brought by one C. P. B. and other stock- holders, together owning forty-four shares of the capital stock of said The J. Company, in the courts of the state of New Hampshire, which said suit was finally determined in favor of these defendants and dismissed upon the merits by said courts. Third: That the present complainant, the G. I. Company, was not expressly joined as a party to the record in said B. suit, and the United States Circuit Court of Appeals for the first circuit, upon the appeal of these defendants from the order of this Honorable Court continuing the temporary injunction heretofore issued, has ruled that the decree in said B. suit is not a bar to the maintenance of the present suit by the G. I. Company. Fourth: That there are now outstanding thirty-one shares of the capital stock of said The J. Company whose owners have not assented to the corporate sale in controversy by voting in favor thereof nor expressly joined as parties to the record, either in said B. suit or in the present suit; and that tmder the opinion of the Circuit Court of Appeals above referred to the owners of said thirty-one shares are not, any more than the present complainants, bound by the decree in said B. suit and it is doubtful whether they would be held to be bound by any decree hereafter rendered in the present suit unless they are expressly joined as parties to this cause and notified of its pendency. That the names and addresses of the owners of said thirty- one shares with the number of shares of stock in said The J. Company owned by them respectfully are as follows: (Give names, addresses, and numier of shares held.) Wherefore to the end that all stockholders of said The J. Company, who are or may be in position to challenge the propriety of said pro- posed sale, may be made parties of record in this proceeding and that these defendants, already obliged twice to litigate the issues involved in said B. suit and in the present suit, may not hereafter be vexed with still further litigation regarding said issues, said defendants jointly and severally move that this Honorable Court may issue its process summoning in the several stockholders named in the preceding paragraph as parties plaintiff or defendant in the present cause so far as said stockholders may be found within the jurisdiction of this Honorable Court, and that as to such of said stockholders as may be without the jurisdiction of this Honorable Court, notice of the pendency of this cause may be given them in such manner and form as this Honorable Court may prescribe. {Signature of soUcitor.) Form No. 1185 MOTION TO STRIKE OUT FOR IMPERTINENCE 26 (Title.) Now comes the defendant, C. D., in the above entitled cause and moves that paragraphs 7 and 8 of the plaintiff's bill may be stricken 2« Under Equity Rule 21 FEDERAL FORMS FOR MOTIONS 1121 out on the ground that the same are impertinent and this defendant ought not to be required to answer the same, and that the Court will impose upon the plaintiff such terms as to costs in the premises as it shall think fit. (Signature of solicitor.) Form No. 1186 MOTION TO DISMISS IN LIEU OF DEMURRER OR PLEA 27 (Title.) Now comes C. D., the defendant in the above entitled cause, and moves that the plaintiff's bill be dismissed with costs upon the follow- ing grounds, viz.: (Set forth grounds in paragraphs nurnbered seriatim as in case of demurrer or plea.) (Signature of solicitor.) Form No. 1187 MOTION TO DISMISS IN LIEU OF DEMURRER ON THE GROUND OF ADEQUATE REMEDY AT LAW AND WANT OF EQUITY 28 (Title.) Now comes C. D., the defendant in the above entitled cause, and moves that the plaintiff's bill be dismissed with costs upon the follow- ing grounds, namely: 1. That the plaintiff has a plain and adequate and complete remedy in the courts of common law for all matters of complaint set forth in his said bill. 2. That the plaintiff has not in and by his said bill made or stated such a case as entitles him, in a court of equity, to any discovery or relief against the defendant as to the matters contained in said bill or any of said matters. (Signature of solicitor.) Form No. 1188 MOTION IN LIEU OF PLEA ON THE GROUND OF WANT OF INTEREST IN THE PLAINTIFF 29 (Title and commencement.) That the defendant on the day of , 19 . . , before the filing of his said bill, sold, assigned and transferred absolutely and unconditionally, all his right, title and interest in, to and under the contract set up and relied upon by him in paragraph 3 in his bill of complaint in the above entitled cause, and now has no right, title or interest whatsoever in the subject matter in litigation in said suit. (Signature of solicitor.) 27 See Equity Rule 29. 28 Under Equity Rule 29. 29 Under Equity Rule 29. 1122 EQUITY FORMS Form No. 1189 MOTION IN LIEU OF PLEA TO THE JURISDICTION so {Title.) And now comes the defendant in the above entitled cause, and says that of the matters and things complained of, and stated in said bill, this Honorable Court has no jurisdiction. Wherefore, he moves that further proceedings under said bill be suspended and the same dismissed. iSignattire of solicitor.) Form No. 1190 MOTION TO DISMISS ON GROUND OF SUIT PENDING si {Title.) And now comes said defendant, W. Bank, and moves that the bill of complaint in this cause may be dismissed on the groimd that it ap- pears in and by said bill of complaint that on October 16, 1913, prior to the time of the filing said bill of complaint in this Court, W. R. R., of said Providence, filed in the Superior Court of the state of Rhode Island sitting in the county of Providence, a bill of complaint against said C. E. B., M. W. C, trustee in bankruptcy of the said C. E. B., W. Bank and others, in which suit said R. brought into said Superior Court the surplus realized on the mortgage foreclosure sale of the premises referred to in this suit, and being the same fund the right to which is in dispute between said M. W. C, trustee and said W. Bank in this suit, and praying that said M. W. C, trustee, W. Bank and others, re- spondents therein, might be decreed by said Superior Court to inter- plead, settle and adjust between themselves their rights or claims in and to said surplus by reason or on account of said mortgage and the foreclosure thereof; and that it further appears that subsequent to the filing of said bill of complaint, service therein was made upon the re- spondents therein. (Signature of solicitor.) Form No. 1191 MOTION BY DEFENDANT FOR LEAVE TO FILE INTERROG- ATORIES S2 {Title.) Now comes the defendant and moves the Court that he be granted leave under Equity Rule 58 to file the interrogatories, which are here- with exhibited to the Court, said interrogatories to be answered by J. L., the general manager and first vice-president of the complainant company, so far as the same may be answered by him, and the remain- ing interrogatories to be answered by such officer or agent as may 30 Under Equity Rule 29. 31 Taken from original on file in the U. S. District Court of Rhode Island, in case of Crane vs. Westminster Bank. See bill. Form No. 1095, ante, p. 957. 32 Under Equity Rule 58. Taken from original on file in the U. S. District Court of Massa- chusetts. FEDERAL FORMS FOR MOTIONS 1123 have knowledge of the facts; the defendant being without information as to what party may be able to answer the questions propounded therefore prays that the same be answered by such party as may have knowledge of the facts. The reason for propounding said interrogatories is that the facts thereby sought to be elicited are peculiarly within the knowledge of the complainant officials, and that the data referred to in said inter- rogatories is, as the defendant is informed and believes, largely mat- ters of record in record books of the complainant company which are kept and maintained at its office under the custody of said L. or some official or employee under his jurisdiction, but whose name is un- known to the defendant. The affidavit hereto attached is submitted herewith in support of this motion and in explanation of the delay. {Signature of solicitor.) Form No. 1192 MOTION TO EXTEND TIME FOB ANSWER 33 (Title.) The defendant moves that the time for filing his answer be ex- tended to April 1st, for the following reasons: Adequate preparation of defendant's case requires a thorough and exhaustive examination of defendant's books and accounts and an expert accountant is now engaged in that work. Until the examina- tion is completed it will be Impossible for defendant's counsel to frame a proper answer. (Signature of solicitor.) Form No. 1193 MOTION BY DEFENDANTS TO VACATE RESTRAINING ORDER 34 (Title.) Come now the defendants in the above cause and jointly and sev- erally move that the temporary injunction or restraining order issued by this Honorable Court in said cause March 19, 1912, be dissolved and vacated for the following reasons: 1. Because, as shown by documentary evidence herewith presented, the entire subject matter involved in this suit is res judicata, all the questions of fact and law raised by the complainant's bill having been fully litigated on the merits in the Superior and Supreme Courts of the state of New Hampshire and finally adjudicated in favor of these defendants in a recent suit in equity brought against them by C. P. B. and others, to which suit the present complainant was a privy, and a party by representation if not by actual participation. 2. Because the decree in said B. suit, even if it is not an absolute bar to the maintenance of this suit, requires the denial of an inter- locutory injunction herein as a matter of comity and sound judicial discretion. 33 Taken from original on file in the U. S. District Court of New Hampshire. 34 Taken from original on file in U. S. District Court of New Hamp- shire. 1124 EQUITY FORMS 3. Because the complainant's bill is wholly without equity, or at most can be maintained only as a proceeding to recover compensatory damages and shows no ground or necessity for enjoining the sale in controversy. 4. Because the complainant is chargeable with manifest laches, and for other reasons. {Signature of solicitor.) Form No. 1194 MOTION TO DISSOLVE INJXrNCTION (Title.) And now comes C. D., defendant in the above entitled cause, and moves that the temporary injunction heretofore granted in said cause be dissolved. (Signature of solicitor.) Form No. 1195 MOTION FOE LEAVE TO FILE SUPPLEMENTAL PLEADING 35 (Title.) Now comes the defendant in this cause and moves the Court that Eifter giving such notice to the plaintiff as the Court may direct, he may have leave to file a supplemental answer setting forth the following facts (insert desired allegations) of which facts the defend- ant at the time of filing his original answer was ignorant. (Signature of solicitor.) Form No. 1196 MOTION BY DEFENDANTS FOB LEAVE TO FILE SUPPLEMENTAL ANSWER (ANOTHER FORM) 36 (Title.) Come now the defendants in the above entitled cause and respect- fully move this Honorable Court that they may be given leave to file the supplemental answer which is hereto annexed, the matters set forth in said answer, namely, the sale and transfer by the G. I. Com- pany of all its stock in the J. Company, having taken place since the institution of this suit and the filing of the defendants' original answer therein. (Signature of solicitor.) Form No. 1197 MOTION FOR JURY TRIAL (Title.) Now comes the defendant and moves that issues be framed for a jury in the above entitled cause upon the question whether the deal- ings of the bankrupt with the defendant set forth in the bill of com- plaint constituted a preference. (Signature of solicitor.) 36 See Equity Rule 34. 36 See Equity Rule 34. FEDERAL FORMS FOR MOTIONS 1125 Form No. 1198 MOTION TO TRANSFER CAUSE TO LAW SIDE OF THE COURT >r (Title.) And now comes the defendant In the above entitled cause and moves that said cause be transferred to the law side of this Court and there proceeded with, on the ground that it appears that said cause, though commenced on the equity side of this Court, should have been brought on the law side, since the alleged failure of the defendant to deliver to the plaintiff the bonds in question, for the specific delivery of which said suit in equity was brought, constitutes a mere breach of agreement for which the Courts of law have always afforded a com- plete and adequate remedy in the form of damages. (Signature of solicitor.) Form No. 1199 MOTION FOR WRIT OF NE EXEAT ss {Title.) Now comes the plaintiff in the above entitled cause and moves this Honorable Court to grant to the plaintiff its writ of ne exeat directed against the plaintiff, C. D., on the ground alleged in the aflldavit hereto annexed. (Signature of solicitor.) Form No. 1200 AFFIDAVIT TO OBTAIN WRIT OF NE EXEAT 39 (Title.) State of ■) County of J ^^• A. B., plaintiff in the above entitled cause, being first duly sworn, on oath deposes and says that C. D., the defendant in said cause, is justly indebted to the defendant in the sum of $ for (here insert the consideration of the debt). That the plaintiff on the day of A. D. 1914, filed his bill of complaint in said cause for the purpose of recovering said sum from the said defendant; that the said defendant has not yet answered said bill of complaint and has recently stated in the presence of the plaintiff- and his solicitor that the said C. D. Intends and Is forthwith about to depart from the United States and reside in parts beyond the limits of the said United States and the juris- diction of this Court; and this plaintiff verily believes and says that if said defendant is allowed to depart from the limits of this district and the jurisdiction of this Court, as aforesaid, the plaintiff's debt will be wholly lost. Subscribed and sworn to this day of Before me, , Notary Public. 37 Under Federal Equity Rule 22. 38 Former Equity Rule 21 provided that when a writ of ne exeat was required pending suit it should be specially asked for in the bill. The Federal Equity Rules of 1913 contain no such requirement. 39 An affidavit is essential and it must be as of the plaintiff's own knowledge, not upon Information and belief. R. S. of U. S., § 717, requires that satisfactory proof shall be made to the Court that the defendant designs quickly to depart from the United States. 1126 EQUITY FORMS Form No. 1200a MOTION FOB PEELIMINAEY INJUNCTION EESTRAINING INFRINGEMENT OF PATENT (Title.) Now comes the complainant and moves that pending a final de- cision in this cause a preliminary injunction issue enjoining and restraining the defendant, its officers, directors, attorneys, agents, servants, clerks and workmen from making, using or selling ma- chines embodying or operated according to the inventions described in Letters Patent of the United States to Eibel No. 845,224, and re- ferred to in claims 1, 2 and 3 thereof, and from infringing said Let- ters Patent or the plaintiff's rights thereunder in any way whatso- ever. By its solicitors, FISH, RICHARDSON & NEAVE. Form No. 1200b MOTION TO STKIKE OUT ANSWER {Title.) The plaintiffs move that the answer of the defendants to the orig- inal bill and to the amendment thereof be struck out as insufficient and that the defendants be required forthwith to make discovery as prayed in the bill. Solicitors for Plaintiffs. Form No. 1200c MOTION FOR FURTHER AND BETTER STATEMENT (Title.) Now comes the plaintiff and moves that the defendant be ordered to file herein a further and better statement of the nature of its de- fense, the ground of this motion being that the defendant does not specifically admit, or deny or explain the facts which the plaintiff relies upon, nor does the defendant state that it is without knowledge of the same; and that such costs be imposed in the premises as may be just. (Signature.) Form No. 1200d MOTION FOR PARTICULARS i (Title.) Now comes the defendant Company, and moves, under the provisions of Equity Rule 20, that the plaintiffs be ordered to furnish a further and better statement of the nature of their claim, and further and better particulars of the matters stated in the amended Bill of Complaint filed April 9, 1915, in the following respects: 1 Taken from original on file in U. S. Court of Massachusetts in Gowd V. Beckwith Box Toe Co. FEDERAL FORMS FOR MOTIONS 1127 1. State what are referred to as "similar products" in paragraph 2 of the amended Bill of Complaint filed October 9, 1915. 2. Describe the structure, method of manufacture, and manner of use by shoe manufacturers of the "box toes" and the "similar prod- ucts" referred to in paragraph 2 of the amended Bill of Complaint as constituting the business which the defendant "has been continu- ously endeavoring to break up and destroy," as alleged in paragraph 8 of the amended bill, and which "has been greatly injured, and in part destroyed," as alleged in paragraph 11 of the amended Bill of Complaint. 3. Describe what is referred to as "the like" in paragraph 9 of the Bill of Complaint in the phrase "box toes and the like," and the structure, method of manufacture, and mode of use by shoe manu- facturers of the same. 4. Describe the structure, method of manufacture, and mode of use by shoe manufacturers of the "box toes" with regard to which the alleged threats and representations were made. 5. State the name of each customer, or prospective customer, the date when, the place where, and the individuals by whom Daly is alleged to have been requested to give notice in writing, as stated in paragraph 9 of said Bill of Complaint. 6. State when the alleged "malicious and unlawful representa- tions" were made to W. L. Douglas Shoe Co. of Brockton, Mass. Diamond Shoe Co. of Brockton, Mass. Emerson Shoe Co. of Rockland, Mass. Regal Shoe Co. of Boston, Mass. Forbush Shoe Co. of North Grafton, Mass. as alleged in paragraph 9 of the Bill of Complaint. 7. State when the "false and malicious representations" were made to Endicott Johnson Co. of Endicott, N. J. Dunn & McCarty of Auburn, N. Y. F. Mayer of Milwaukee, Wis. Albert Weinbrenner of Milwaukee, Wis. Huiskamp Bros, of Keokuk, la. Excelsior Shoe Co. of Portsmouth, Ohio. Selby Shoe Co. of Portsmouth, Ohio. Irving Drew Shoe Co. of Portsmouth, Ohio. Stonefield, Evans Shoe Co. of Rockland, 111. Hamilton Brown Shoe Company of St. Louis, Mo. as alleged in paragraph 10 of the Bill of Complaint. 8. State when charges of infringement and threats of suit were first made to any of plaintiff's customers or prospective customers. 9. State when charges of infringement and threats of suit were last made to any of plaintiff's customers or prospective customers. 10. State what, if any, additional instances of alleged charges of infringement and threats of suit were made by the defendant, or its agents, other than those specified in paragraphs 9 and 10 of the Bill of Complaint. 11. State what customers, by reason of the alleged threats and 1128 EQUITY FORMS representations, have ceased to purchase the box toes concerning which the alleged threats and representations were made. 12. State what customers were induced "to require a bond to pro- tect them" as referred to in paragraph 9 of said amended Bill of Complaint. 13. State what customers were induced "to refuse to pay for all or a part of the box toes already furnished until such bond be fur- nished," as referred to in paragraph 9 of the amended Bill of Com- plaint. 14. State what individuals, firms or corporations the plaintiffs claim would have become customers of the plaintiff, but were pre- vented from becoming customers by reason of the alleged threats and representations. And the defendant further moves that an order be entered that the plaintiffs file such particulars and serve upon the defendant a copy of the same within fifteen days after the entry of said order, and that in the event of failure on the part of the plaintiffs to fur- nish such particulars, the plaintiffs shall be barred from introducing any proofs with relation to the matters as to which particulars shall not have been furnished as ordered. {Signature.) Form No. 1200e MOTION TO DISMISS FOR WANT OF NECESSABY PAETY {Title.) And now this 12th day of May, A. D. 1917, comes the M. S. & T. Company, of East Providence, Rhode Island, one of the defendants named in this cause, and moves: 1. That plaintiff's Bill of Complaint be dismissed because it ap- pears from the Bill of Complaint and the record in this cause, that G. J., named as co-defendant, is an indispensable party-defendant therein, but is not within the jurisdiction of this Court. 2. Said defendant, the M. S. & T. Company, further moves that if plaintiff's Bill of Complaint shall not be dismissed for the reason hereinabove assigned, proceedings in the cause be stayed until the said defendant, G. J., shall come, or be brought within, the jurisdic- tion of this Court. {Signature.) Form No. 1200f MOTION TO COKEECT PEAECIPE i {Title.) And now comes the defendant in the above entitled action and objects to the record as proposed by the plaintiff and moves to amend the said record by adding thereto all the evidence in the ac- tion at law No. 96 tried in said court and in which action the de- fendant in this case was plaintiff and the plaintiff in this case was defendant. {Signature.) 1 Taken from original file in U. S. Court of Massachusetts in Mather V. Stokely. FEDERAL FORMS FOR MOTIONS 1129 Form No. 1200g WAIVER AND MOTION i (Title.) Now comes the Complainant, by its solicitor, and waives all right to take any deposition or depositions de lene esse under the provisions of the statutes of the United States or the Equity Rules of the United States Supreme Court, especially rule 47 thereof, within the sixty days next ensuing after March 9, 1914, the date on which the answer of the defendants was filed and issue joined, and moves that the thirty days allowed the defendants to take depositions under the provisions of said statutes and Equity Rules, and especially rule 47, begin to run forthwith. (Signature.) Form No. 1200h MOTION TO ALLOW REPAIRS AND MAKE THEM A CHARGE UPON CERTAIN PROPERTY (Title and Address.) Respectfully represents D. L., that on March 24, 1915, she pur- chased certain real estate situated on Leach Street, consisting of a block of three stores, a cottage, garage and bakery from L. B. and L. R. B., that thereafter L. R. B. went into bankruptcy, and W. U. was duly appointed trustee of the estate of L. R. B. That said Trustee brought a bill in equity against your petitioner, asking to have said conveyance set aside, on the ground that it was obtained by fraud and for other reasons. ^ That the said cottage house owing to its situation and neighbor- hood is not rentable, that it requires certain repairs and changes in order to rent it to advantage. Said cottage is now vacant and un- rented. Wherefore your petitioner prays that she may be permitted to make necessary and proper repairs and put said cottage in rent- able condition, and that the costs of the same may be ordered to be a first charge and lien upon said property. (Signature.) Form No. 1200i MOTION TO TAKE BILL PRO CONFESSO 2 (Title and Address.) Now comes Old Colony Trust Company, as Trustee, the complain- ant in the above entitled cause, and says that the defendant, Colonial Paper Company, was served with process of subpoena herein on the 28th day of October, 1914, that more than twenty days have expired after said service, excluding the day of said service, and that said defendant. Colonial Paper Company, has filed no answer or other defense in the clerk's ofBce of this Court, all as appears from the records of this Court. 1 Taken from the original on file in the U. S. District Court of Massa- chusetts in Judson L. Thompson Mfg. Co. v. Willett M. Clark et al. 2 Taken from the files of the U. S. District Court of New Hampshire, 1130 EQUITY FORMS Wherefore the complainant moves that an order be entered in accordance with the provisions of Rules 5 and 16 of the Rules of Practice for the Courts of Equity of the United States that the bill of complaint be taken pro confesso as to said defendant Colonial Paper Company. (Date and Signature.) CHAPTER XL FEDEEAL FOEMS FOE PETITIONS Form No. 1201 FORMAL PARTS DISTRICT COURT OF THE UNITED STATES. District of Division. A B "1 ' '[ In Equity. C.D./^° The petition of A. B., plaintiff in the above entitled cause, respect- fully shows (insert averments of petition; or respectfully represents A. B. that, etc.). Wherefore the petitioner prays (insert prayer). Dated this day of , A. D., 19... Solicitor for the plaintiff (Or A. B. by , his solicitor). Form No. 1202 PETITION TO INTERVENE i (Title.) The petition of E. F. and G. H. respectfully shows that the peti- tioners are respectively the holders of records of shares of stock of the defendant, the C. D. Company; that the said petitioners were severally the holders of record of said shares at the time of the filing of the original bill in the above entitled cause, and have been for a long time prior to the same. Wherefore, the petitioners pray that they may be allowed to inter- vene in said above entitled cause and come in as plaintiffs under said bill of complaint as amended and assist in prosecuting the same as parties thereto and that the prayers of said bill may be granted. (Signature of solicitor.) Form No. 1203 PETITION FOR LEAVE TO INTERVENE 2 (Title.) Respectfully represents J. P. R., of Boston, in the commonwealth of Massachusetts, to this Honorable Court that he is the proprietor 1 See Equity Rule 37. Lack of diversity of citizenship on the part of the intervening party does not affect the jurisdiction of the Court. Belmont Nail Company vs. Columbia Iron & Steel Co., 46 Fed. 336. 2 Taken from the original on file in the U. S. District Court of New Hampshire. 1131 1132 EQUITY FORMS and owner of six shares of the stock of the defendant, the J. C, that he is a citizen of the commonwealth of Massachusetts and desires to be heard concerning the matters involved in the above entitled suit and «to become a party thereto, that said intervener does hereby filo this appearance and intervention, and respectfully prays this Honor- able Court to allow your petitioner to become a party to said suit. (Signature of solicitor.) Form 1203a ORDEE OF COURT GRANTING LEAVE TO INTERVENE (Title.) Upon the petition of J. P. R. to become a party to the above en- titled suit filed June 21, 1913, it appearing that he is a stockholder of the defendant, the J. Co., and that he desires to become a party to said suit, it is ordered that said IS. P. R. has leave to become a party to said suit District Judge. Form No. 1201 PETITION FOR LEAVE TO FILE A SUPPLEMENTAL BILL OF COMPLAINT (Title.) Respectfully represents R. H. G., of Gardiner, Maine, surviving trustee under the will of H. U., of Brookline, Massachusetts, for M. L. U., of Boston, Massachusetts, and S. U., of said Boston: that they desire to prosecute the above entitled action on behalf of themselves and all other shareholders of said the J. Co., who are similarly situ- ated, and for that purpose respectfully request that they be permitted to file the supplemental bill of complaint herewith submitted. (Signature of solicitors.) Form No. 1205 PETITION FOR REHEARING s (Title.) The petition of A. B., plaintiff in the above entitled cause, respect- fully shows: That on the day of 19.., this Court rendered a decision in the above cause ordering that the complainant's bill be dismissed with costs, and that on the day of 19 . . , a decree was entered and recorded so dismissing the plaintiff's bill. That subsequent to the entry of said decree, a decision has been rendered on the day of 19 . . , by the Supreme Court 3 See Equity Rule 69. A rehearing cannot be granted after the term at which the decree is entered and recorded if an appeal lies to the Circuit Court of Appeals or to the Supreme Court. If no such appeal lies, the petition may be admitted in the discretion of the Court any time before the end of the next term. For general principles governing rehearings, see Harman vs. Lewis, 24 Fed. 530; Giant Powder Co. vs. California Vigoret Powder Co., 5 Fed. 197. FEDERAL FORMS FOR PETITIONS 1133 of the United States in the case of (name the case), which decision is controlling and binding on this Court. That under the rules of law as given in said decision, the peti- tioner believes the said decree entered in this cause to be erroneous and that he has been aggrieved by the said decree. Wherefore the petitioner prays that this Court will grant a re-hear- ing of said cause on such terms as to this court shall seem just, (Signature of solicitor.) Form No. 1206 PETITION OF RECEIVER FOR LEAVE TO SELL ASSETS 4 (Title.) Respectfully represents, H. B. P., receiver of the S. G. Company, the defendant in the above entitled cause, as follows: 1. On the 14th day of January, A. D. 1913, your petitioner was duly appointed receiver of the S. G. Company, and of all its assets and property, by the District Court of the United States for the Northern District of Ohio; and subsequently thereto he was duly appointed ancillary receiver of the S. G. Company by your Honorable Court on the 18th day of January, A. D. 1913. 2. On the 11th day of June, A. D. 1913, your petitioner pre- sented his petition to the District Court of the United States for the Northern District of Ohio, asking that Court to make an order direct- ing your petitioner, as receiver, as aforesaid, to sell as a whole the assets of the S. G. Company in his possession and control, and upon the same day the said District Court of the United States for the Northern District of Ohio entered an order granting the prayer of said petition, a copy of which said petition and the order entered thereon by the Court is attached hereto, and made a part hereof, marked Exhibits "A" and "B" respectively. 3. As appears by the said order your petitioner was instructed in said order to apply forthwith to the Courts of ancillary jurisdic- tions, presenting to each of said Courts, a copy of said petition and the order made thereon, and praying the Courts respectively to ratify, approve and confirm said order, and particularly authorizing your petitioner to sell as a whole the property of the S. G. Company situated in all of the various primary and ancillary jurisdictions, and to account for the proceeds of the sale and for any other sums that may come into his hands In a single accounting in the primary jurisdiction. Wherefore, your petitioner reiterating to your Honorable Court that he believes that it is necessary to sell all of the assets of the S. G. Company, which he has or may have in his hands as a whole in order to preserve the good will of the company as a going concern for the benefit of any purchaser at a sale, prays your Honorable Court to ratify, approve and confirm the order of the United States District Court for the Northern District of Ohio, dated June 11, 1913, and particularly to authorize your petitioner to sell as a whole the prop- erty of the S. G. Company situated In all the various primary and ■* Adapted from original on file in the U. S. District Court, District of Massachusetts. See order of notice. Form No. 1247, post, p. 1179. 1134 EQUITY FORMS ancillary jurisdictions (particularly the property in this jurisdiction, and subject to the order of this Honorable Court), and to account for the proceeds of the sale, and for any other sums that may come into his bands in a single accounting in the District Court of the United States for the Northern District of Ohio. Receiver of S. G. Company. State of Illinois, County of Cook, ss. H. B. P., being first duly sworn, according to law, deposes and says that he is the petitioner named in the foregoing petition, and that the facts set forth in the foregoing petition by him subscribed are true, except as to the matt€r stated on information and belief and that as to those he believes them to be true. Subscribed and sworn to before me, this 25th day of June, A. D. 1913. Notary Public, Cook County, Illinois. My commission expires June 14, 1916. Form No. 1207 PETITION OF EBCEIVEB FOE LEAVE TO SELL ASSETS AT PRI- VATE SALE 5 iTitle.) Respectfully represents H. B. S., duly appointed and qualified re- ceiver of N. E. Mfg. Co., as follows: 1. He has received an offer for the purchase at private sale free and clear of all incumbrances of all the property and assets of the said company, a copy of which he hereto annexed marked "Exhibit A." 2. By decrees of the District Court of the United States for the District of Massachusetts and Rhode Island duly entered in this cause and in the ancillary cause hereto the petitioner as such receiver was authorized and empowered to borrow five thousand dollars ($5,000) for the purposes specified in the said decrees and to issue receiver's certificates therefor. Pursuant to the said decree the petitioner has borrowed the sum of fifteen hundred dollars ($1,500) and issued re- ceiver's certificates therefor and expended the monies borrowed in accordance with the decrees of the said Courts respectively. 3. The property of the said company consists of patents and other rights, machinery, tools and manufactured goods and work in process in its factory at Providence, Rhode Island, and the company receives no income except from the sale of its produce. 4. The expenses of maintaining the plant are rent and the wages of the superintendent and are in excess of the receipts from all sources. 5. The petitioner has not in his hands as such receiver, suflacient funds to pay the above mentioned receiver's certificates, said rent of factory, said wages and other expenses. Said rent will become under the terms of the lease of said factory a lien upon the machinery and other property of the company. 5 Adapted from original on file in the U. S. District Court of Rhode Island. See decree. Form No. 1250, post, p. ii83. FEDERAL FORMS FOR PETITIONS 1135 6. The petitioner and others have been endeavoring for six months to sell the above company as a going concern in a manner advantage- ous to the creditors and have hitherto been unable to do so. The offer hereto annexed is a fair cash offer and for a larger amount than can probably be obtained by public sale. No offer has hitherto been received or been obtainable which is equally advantageous and it is for the interests of all the creditors and stoclcholders that a sale there- under should be made. There is danger that the offer will be with- drawn and the benefits to be derived from it will be lost unless it is accepted forthwith. Wherefore, your petitioner as such receiver prays: 1. That he be authorized forthwith to accept the said offer. 2. That he be authorized to make a sale of the property and assets of the corporation in accordance with the said offer forthwith. 3. For such other and further relief as justice may require and to this Honorable Court may seem meet. (.Signature.) iYerifloation.) "Exhibit A." Brattleboro, Vt., June 14, 1913. Mr. H. B. S., Receiver of N. E. Mfg. Co., 60 State St., Boston, Mass. Dear Sir: I hereby make an offer for submission to the Court to buy and pay for all the property and assets including patent rights, good will and franchise of the above company free and clear for the sum of twenty thousand dollars ($20,000) in cash; it being understood that the pay- ment of said twenty thousand dollars ($20,000) in cash shall cancel and satisfy all the claims against the said assets including Court fees and receiver's fees and expenses. I will carry out th« purchase of the assets in accordance with the above offer forthwith. Very truly yours, C. B. S. Form No. 1208 PETITION OF RECEIVER FOR LEAVE TO BORROW MONEY UPON RECEIVER'S CERTIFICATES e {Title.) Respectfully represents your petitioner, W. E. L. of in the county of state of district of that on the tenth day of July, 1913, he was duly appointed receiver of the property of the defendant, G. T. Company, and directed to continue the business of the defendant until its plant and prop- erty should be sold under the order of the Court or until the further order of the Court, and was further authorized to incur such expenses as may be necessary to preserve and protect the assets of said defendant, and to realize upon the uncompleted contracts of said defendant, but was given no power to borrow money or incur indebtedness unless the Court should so authorize him upon a further 6 Taken from original on file in U. S. District Court of Massa- chusetts. See order and form of certificates, Forms No. 1253, 1254, post, pp. 1187, 1188. 1136 EQUITY FORMS application; he further represents that the defendant has an existing contract for the completion of the Chelsea North bridge, so-called, with the city of Boston, which it will be advantageous to carry out for the reason that said contract can be most eflBciently and economi- cally carried out by the receiver using the plant, equipment and materials of the defendant now upon the premises of said bridge, and if the same is not so carried out the funds in the hands of the city of Boston now available for the pajTnent of secured claims will be greatly depleted by deductions for damages and expenses incurred by said city because of failure to complete said contract, and creditors of the de- fendant secured by said funds will have, because of such impairment of their security, claims against the plant and property of the defend- ant now in the hands of the receiver to such extent that the value of the assets of said defendant will be reduced by about one-third; that your petitioner has no funds to discharge the duties imposed upon him by the decree appointing him receiver, and no funds with which to procure and purchase the labor and materials requisite for the com- pletion of said bridge; that in order to complete the work of the con- struction of said bridge it is necessary to raise the principal sum of twenty thousand dollars ($20,000) at the present time. Wherefore your petitioner prays that the Court will authorize the issue of receiver's certiiicates in proper form in an amount not exceed- ing the aggregate principal sum of twenty thousand dollars (120,000), such certificates to be payable in two (2) years from their date, with the option of prior payment at par and accrued Interest on thirty days' previous notice to the holders thereof at any time after six months from their date, said certificates to bear interest at six per cent per annum, and to be a first lien upon all of the property and premises of the defendant in the hands of the receiver, and prior to all other exist- ing liens and incumbrances created by or put upon his property by said defendant, and that said certificates may be issued in such denominations and at such times as your petitioner may find neces- sary, and that your petitioner may be authorized to sell such certif- icates from time to time at a price not less than par and accrued interest, and that the proceeds of such certificates may be used by your petitioner for the purposes herein specified. ORDER OF NOTICE Upon the foregoing petition of W. B. L., receiver of G. T. R. Com- pany, duly appointed and qualified in the above entitled cause it is hereby Ordered, that notice be given to said defendant company and all known creditors thereof to appear before this Court and show cause why said petition should not be granted, on the day of 1914, at ten o'clock in the forenoon, by causing an attested copy of said petition and this order of Court thereon to be published once a week for three successive weeks in the B. D. A., a newspaper published in the city of Boston, the last date of publication to be at least seven days prior to said hearing and by mailing post paid on the day of A. D. 1914, a copy of said petition and order to all counsel of record and all known creditors of said defend- ant company. (Signature.) FEDERAL FOEMS FOR PETITIONS 1137 Form No. 1209 PROOF OF SERVICE OF NOTICE UPON PETITION OF RECEIVER FOR LEAVE TO BORROW MONEY ^ (Title.) I, W. E. L., on oath depose and say that pursuant to the order of notice in petition of receiver for leave to borrow money entered 1 1914, in the above entitled cause I gave notice as directed in said order by causing an attested copy of the same to be published once a week for three successive weeks, to-wit, on July 25th and 31st, and August 4th, 1914, in the B. D. A., a newspaper published in the city of Boston, and by mailing postpaid a copy thereof to all counsel of record and to all known creditors of said defendant, G. T. R. Com- pany, on the day of , 1914, a copy of which order as published is hereto annexed and marked "A." Suffolk, ss. District of Massachusetts. Boston, August 5, 1913. Subscribed and sworn to by the above-named W. E. L., before me. Justice of the Peace. Form No. 1210 PETITION OF RECEIVER FOR ORDER LIMITING THE TIME FOR PROOF OF CLAIMS 8 (Tine.) H. B. P., heretofore appointed ancillary receiver in the above en- titled cause, respectfully represents that on or about February 13, 1913, in the District Court of the United States within and for the Eastern Division of the Northern District of Ohio, being the Court of primary jurisdiction in which the said receiver was originally ap- pointed, a decree was entered limiting the time within which creditors shall present and make proof of their respective claims against the corporation to sixty (60) days from the 13th day of February, 1913, and that all creditors and claimants failing so to do within the time limited should be barred from participating in the distribution of the assets of the corporation, and directing the receiver to notify all creditors of the corporation whose addresses he may have by regis- tered letter, and to publish in a newspaper in general circulation in every city where the company was engaged in business, once in every week for three weeks, a copy of this decree, and that it is desirable that a similar decree be entered in this jurisdiction. Wherefore the said ancillary receiver prays that this Court make a decree limiting the time within which creditors within the District of Massachusetts may present and make proof of their respective claims against the corporation, and barring all creditors failing to do so within the time limited from participating in the distribution of the assets of the corporation. (Signature.) 1 Taken from original on file in the U. S. District Court of Massa- chusetts. 8 Taken from original on file in the U. S. District Court of Massa- chusetts. See order, Form No. 1248, post, p, jtsO. 1138 EQUITY FORMS Form No. 1211 ATFIDAVIT OF HAVING GIVEN NOTICE UNDEE INTEELOC- UTOEY DECEEE OF THE COUETs (Title.) I, A. T. W., of Boston, in the commonwealth of Massachusetts, em- ployed by H. B. P., ancillary receiver, for doing the things hereinafter set forth, on oath certify that I gave notice of the decree of this Court in the above entitled matter dated March 10, 1913, and entitled, "In- terlocutory Decree for the Proof of Claims," by publishing a copy of said decree, duly attested by J. E. G., Jr., deputy clerk, in the Boston Traveler and livening Herald, a newspaper In general circulation in the city of Boston, once a week for three weeks, namely on March 12th, 19th and 26th, A. D. 1913, a copy of which is as follows: and by mailing by registered letter to all creditors of the S. G. Com- pany, the addresses of whom were in the possession of said H. B. P., ancillary receiver, namely to: , a copy of said decree in form as follows: , and thereafter I received the return receipt for each of the letters sent as aforesaid, signed either by the aforesaid creditor or his agent. (Signature.) (Verifloation.) Form No. 1212 PETITION OF ANCILLAEY EECEIVEE TO BE ALLOWED TO PAY INSUEANCE 10 (Title.) H. B. P., duly appointed ancillary receiver herein, respectfully rep- resents as follows: 1. Among the assets in his custody as ancillary receiver are a factory, building and equipment, situated in Canton, Massachusetts, which in his inventory hereinbefore filed are valued respectfully as follows: Plant and equipment $4,752.10 Real estate and buildings 7,500.00 2. When the petitioner was appointed ancillary receiver herein, on January 18, 1913, there was insurance upon the plant and buildings at said Canton amounting to $7,900, the premiums on which insurance were unpaid. The total of such premiums unpaid was ?316 and the pro rata proportion of such premiums for the period covered by the policies up to the date of the petitioner's appointment herein was $122.05. 3. Owing to the nature of the property, it is diflacult to obtain insurance upon it and your petitioner is informed that unless the premiums are paid in full including that portion of the premiums covering the period prior to the petitioner's appointment, the policies now upon the property will be canceled and it will be difficult, if not impossible, to obtain other insurance upon the property. 9 From original on file in the U. S. District Court of Massachusetts. See interlocutory decree, Form No. 1248, post, p. 1180. 10 From original on file in the U. S. District Court of Massachusetts. See order. Form No. 1236, post, p. 1165. FEDERAL FORMS FOR PETITIONS 1139 4. Your petitioner believes that it is for tlie best interests of tlie property in liis custody that he be authorized to pay the said insurance premiums in full in order that the property may be kept insured. Wherefore he prays that he may be allowed to pay the said insur- ance premiums in full. (Signature.) Form No. 1213 PETITION FOR CONFIRMATION OF REPORT OF TEMPORARY RECEIVER AND FOE SPECIAL INSTRUCTIONS n (Title.) The undersigned, J. A. R., who was heretofore appointed tempo- rary receiver of the C. L. Heat and Power Company, petitions and asks that his report, filed in Court the 12th day of December, 1913, may be approved, allowed and confirmed, and that he may be instructed as to such further proceedings as may be necessary on his part by order of this Court. Temporary Receiver. Form No. 1214 PETITION OF RECEIVER FOR DISCHARGE (Title.) Respectfully represents J. S., receiver of the Company, de- fendant in the above entitled cause, that on the day of A. Di 19. ., he filed in the same his final report therein accounting for all assets and property which came into his hands as such receiver, and said report was confirmed and allowed, and that there remain no further services to be performed by him in pursuance of his duties and the decree appointing him as such receiver. Wherefore your petitioner prays that he may be finally discharged as such receiver and that the sureties on his bond may be released. Receiver. Form No. 1215 PETITION FOR LEAVE TO FILE BILL AGAINST RECEIVER" (Title.) The petition of the W. & A. F. Co. respectfully shows: First. At all the times hereinafter mentioned or referred to, the petitioner was, and still is a corporation duly organized and existing under the laws of the State of New Jersey, having its principal place of business at Hoboken in said state, and engaged, amongst other things in the business of building, furnishing and Installing machinery, boilers, electric light plants, auxiliaries and other attach- ment, equipment and furnishings In the engineering department of vessels, and in the doing of work and furnishing of articles -and materials for and toward the building, fitting, furnishing and equip- ing of steamships. 11 From original on file in the U. S. District Court of Massachusetts. 12 Adapted from original on file in the U. S. District Court of Massa- chusetts, in case of Fletcher vs. Metropolitan Steamship Co. 1140 EQUITY FORMS Second. At all the times hereinafter mentioned or referred to the M. S. Co. was, and still is, a corporation duly organized and existing under the laws of the State of Maine, having its principal place of business at Bath, in said state, and engaged in the business of own- ing and operating steamships. Third. On or about the 27th day of July, 1905, the said M. S. Co. made and entered into a contract with petitioner for the doing of certain work and the furnishing of certain materials and articles for and toward the building, fitting, furnishing and equipping of two certain steamships, afterwards known as the "Yale" and "Har- vard" and then being constructed, or about to be constructed for the said M. S. Co., consisting of the building, furnishing and installing of machinery, boilers, electric light plants, auxiliaries and other attach- ments in the engineering department of said steamships. Fourth. Your petitioners hereafter duly performed such work and furnished said materials and articles and fully performed said contract on its part, said work being completed and the materials and articles furnished for the said steamship "Yale" on or about the 29th day of June, 1907, and for said steamship "Harvard" on or about the 8th day of September, 1907. And said steamships having been launched and completed were thereafter put into commission and operated and run by the said M. S. Co. for the transportation of pas- sengers and cargo. Fifth. There is now due and owing and unpaid to the peti- tioner by said M. S. Co. for the said work, materials and articles so done and furnished under said contract, the sum of $139,498.27, being one-half, that is to say, the sum of $69,749.13 for and upon account of each of said steamships. The petitioner has duly rendered an account of said work, materials, and articles to said, S. Co., which account has been duly stated and agreed upon between the petitioner and the said S. Co., and the balance thereof struck and agreed upon at the sum above mentioned, and the M. S. Co. has promised and agreed to pay said sums to the petitioner for said work, materials and articles. Sixth. The said indebtedness for said work, materials and ar- ticles was contracted by the owner of said steamships within the state of New Jersey, and the said work was done and materials and articles were furnished by the petitioner in said state. In and by the statutes of the state of New Jersey it is provided as follows: "That whenever a debt shall be contracted by the master, owner, agent or consignee of any ship or vessel within this state, for either of the following purposes: "1. On account of any work done or materials or articles furnished in this state for or towards the building, repairing, fitting, furnish- ing or equipping such ship or vessel, such debt shall be a lien upon such ship or vessel, her tackle, apparel and furniture, and con- tinue to be a lien on the same until paid, and shall be preferred to all other liens thereon, except mariner's wages." Seventh. After said steamship 'Tale" had been completed and put in commission as aforesaid, the same became in need of re- pairs and additional fittings in the engine department thereof, and the plaintiff at the request of the M. S. Co., and upon the credit of said steamship did between the 14th day of October, 1907, and the 9th day FEDERAL FORMS FOR PETITIONS 1141 of December, 1907, at plaintiff's said place of business at Hoboken within the state of New Jersey, furnish certain materials and articles to said steamship, and work in connection therewith, which were necessary therefor, for and toward repairing, fitting, furnishing and equipping said steamship in the engine department thereof, which said work, materials and articles were of the fair and reasonable value of $512.56; and no part of said sum of $512.56 has been paid, although payment thereof has been duly demanded. The complain- ant is advised that he has a lien on said steamship "Yale" for said sum, by the General Maritime Law of the United States, and as well also by and under the above mentioned statute of the state of New Jersey. Eighth. After the said steamship "Harvard" had been completed and put in commission, as aforesaid, said steamship by reason of the stranding thereof, became in need of repairs in the engine depart- ment thereof, and at the request of the master and agent of said steamship made within the state of New Jersey, and upon the credit of said steamship, the petitioner did, between the 9th day of Septem- ber, 1907, and the 9th day of December, 1907, at petitioner's said place of business in the state of New Jersey, do certain other work and furnish certain other materials and articles to said steamship which were necessary therefor, for and toward repairing, fitting, fur- nishing and equipping of said steamship in the engine department thereof, which said work, materials and articles were of the fair and reasonable value of $1,934.20, no part of which sum has been paid, although payment thereof has been duly demanded. The said peti- tioner has a lien upon said steamship for said sum, not only by and under the above mentioned statute of the state of New Jersey, but also by the General Maritime Law of the United States. Ninth. The said petitioner desires to bring a bill of complaint against said S. Co. and others, for the foreclosure of its said liens on said steamships, and has prepared such bill of complaint. Said bill of complaint is filed herewith, and made a part hereof, and reference is made to said bill for fuller particulars and facts regarding the said indebtedness to the petitioner above mentioned, and the petitioner's liens therefor upon the said steamships. As the petitioner Is informed and believes, the said M. S. Co. has become insolvent, and is not able to pay said indebtedness to the peti- tioner, or discharge the said liens therefor on said steamships. An order has been entered in the above entitled action, appointing C. A., W. T. C., and A. I. C. receivers of the property of said S. Co., and said receivers having duly qualified as such, have taken possession of the said steamships "Yale" and "Harvard." The said steamships are now out of commission and located and laid up in the city and port of Boston in the state of Massachusetts, in the district of Massachu- setts, in the possession of said receivers. Tenth. The said petitioner performed said work and furnished said materials and articles as aforesaid, relying upon its said liens therefor. The said petitioner is seriously inconvenienced, and his business greatly impaired and threatened by reason of the non-pay- ment of the said indebtedness, and petitioner is in great and pressing need of said moneys. 1142 EQUITY FORMS Eleventh. As petitioner is informed and believes, the said S. Co. heretofore executed a mortgage upon said steamships and other property to secure an issue of bonds now outstanding, amounting to upwards of ?2,500,000, which said mortgage indebtedness constitutes in whole or part a lien upon said steamships, but subsequent to the said liens of petitioner; and a bill of complaint has been filed by the trustees of said mortgage for the foreclosure of said mortgage and the sale of said steamships thereunder. As the petitioner is in- formed and believes, other persons claim liens upon, or rights and interests in said steamships but the nature, extent and relative rank of said liens, rights and interests are uncertain and diificult of ascer- tainment; by reason thereof no purchaser can safely venture to bid in or purchase said steamships upon any sale thereof in fore- closure of said mortgage, or otherwise, except for a nominal price, unless said persons claiming liens upon or rights or interests in said steamships, whether subsequent or prior to said mortgage, be brought into court and said steamships be sold free and clear of all such liens, rights or interests. Wherefore your petitioner prays that it be granted leave to file and bring its said annexed bill of complaint against the said M. S. Co. and the said receivers thereof, and other parties, for the relief prayed for in said bill of complaint. (Signature.) (Yeriflcation.') Form No. 1216 PETITION FOE CONFIRMATION OF REPORT OF SPECIAl. MAS- TER AND FOR SPECIAL INSTRUCTIONS is (Title.) The undersigned, J. A. R., who was heretofore appointed Special Master to make sale of the property of the C. L. Heat and Power Company, petitions and asks that his report, filed in Court the 12th day of December, 1913, setting forth his doings as Special Master and accounting for all moneys received by him, may be approved, allowed and confirmed, and that an order may be entered directing the disposition of the funds in his hands, and that upon his execu-< tion of the same that he and his surety may be relieved and discharged from further obligation under said trust. Special Master. Form No. 1217 PETITION AND AFFIDAVIT FOR WRIT OF ASSISTANCE (Title.) The petition of the plaintiff, A. B., which shows as follows: that he has become entitled by decree or order of this Court dated to the possession of certain land described in said decree and now occupied by C. D. ; that the said A. B. has demanded possession of the same from the said C. D., but the said C. D. has refused to deliver possession or to obey the said decree or order of court. Whereupon the plaintiff prays that the Court issue its writ of assistance to place him in possession of said property. (Verification.) (Signature.} 13 Prom original on file in the TJ. S. District Court of Massachusetts. FEDERAL FORMS FOR PETITIONS 1143 Form No. 1218 PETITION FOR ATTACHMENT FOR CONTEMPT i* (Title.) Your petitioner, E. W. B. Company, complainant herein, respectfully represents that pursuant to final decree entered herein December 6, 1912, an injunction was issued against G. E. V., manager of the de- fendant corporation, and duly served on him December 7, 1912, enjoin- ing the said V. from directly or indirectly using, employing, working, or putting into practice the ball-making machines described in Let- ters Patent of the United States No. 788,816, and particularly claimed in claims 7, 8, 9, 10, 11 and 23 thereof, or from infringing upon or violating said Letters Patent in any way whatsoever. Your petitioner is Informed and believes that said V. has vio- lated said injunction and that he has continued to use and operate bail-making machines containing or embracing the invention claimed in said claims of said Letters Patent at his shop or factory located' in the factory of the B. S. M. Company on Commercial street. Maiden, Massachusetts. Your petitioner's information Is based on the affidavits of B. J. R. and D. E. K. annexed hereto. Your petitioner further avers that W. E. T. referred to in the affi- davit of said B. J. R. is hostile to your petitioner and will not make affidavit in regard to the use and operation by the said V. of the said machines subsequent to December 7, 1912; and that B. F. C. referred to in the affidavit of D. E. K. also is hostile to your petitioner alid» will not make affidavit in support of this petition, although requested so to do. Wherefore your petitioner, believing that it has made out a prima facie case of violation of said injunction by said V., prays: 1. That this Honorable Court issue an order against G. E. V. directing him to appear before this Honorable Court on the fourth day of March, 1913, to show cause, if any he has, why he should not be dealt with for contempt in violating said injunction. 2. That this Honorable Court order the issuance of subpoenas ad testificandum directing said W. E. T. and B. P. C. to appear before the clerk of this Court as Examiner Tuesday, February 18, 1913, at ten o'clock A. M., in their proper persons, to testify and give evidence of what they know relating to the use and operation by said V. of said machines subsequent to December 7, 1912. (Signature of solicitor.) Form No. 1219 AFFIDAVIT IN SUPPORT OF PETITION FOR WRIT OF AT- TACHMENT Commonwealth of Massachusetts, Suffolk, ss. B. J. R., of lawful age, being duly sworn, deposes and says aS follows: On Tuesday, December 31, 1912, W. E. T., who I know is employed 1* Taken from the original on file In the U. S. District Court of Massachusetts. 1144 EQUITY FORMS by G. E. v., of Maiden, Mass., called at my place of business and told me that for some weeks past he, T., had been operating for said V. the handle-wiring machines formerly owned by the A. H. Company. He further told me that during the last three weeks he had been working overtime, sometimes as much as fourteen hours a day. Subscribed and sworn to before me at Boston, Mass., this first day of January, 1913. Special Commissioner. Form No. 1220 AFFIDAVIT IN SUPPOET OF PETITION FOE WEIT OF AT- TACHMENT Commonwealth of Massachusetts, Suffolk, ss. D. E. K., of lawful age, being duly sworn, deposes and says as follows : A short time subsequent to December 9, 1912, B. F. C, of Waltham, Massachusetts, a manufacturer of package-handles, who has certain business relations with G. E. V., of Maiden, Massachusetts, told me that on December 9, 1912, he, the said C, called at the factory of the B. S. M. Company in Maiden, Massachusetts, in which factory V. has a shop for manufacturing handles, and that on that day he saw the said V. operating handle-wiring machines formerly owned by the A. H. Company, and that in discussing the matter with V. as to his continuing to operate, V. said that he did not consider the suit seriously and that he should continue to manufacture handles on said machines. I am further advised and believe that since about Janu- ary 1, 1913, no outside party, not even the machinist, F. C, who for- merly made all the repairs on the machines, is allowed to enter that portion of the factory in which the machines are located. Subscribed and sworn to before me at Boston, Massachusetts, this eleventh day of February, 1913. , Special Commissioner. Form No. 1221 PETITION FOE REHEAEING (Title.) Respectfully represents A. B., plaintiff in the above entitled cause, that since the final hearing herein the petitioner has discovered new evidence of which he had no knowledge and which he could not by reasonable diligence have discovered at or before said hearing. Said evidence comprises the following testimony, viz.: iHere set out the names of the toitnesses and, the substance of the testimony and other evidence discovered, and which petitioner expects to introduce.) Wherefore your petitioner prays that he may be granted a rehear- ing in said cause upon a date certain to be fixed by the Court, in order that the foregoing testimony and evidence may be procured and intro- duced by him in his behalf at said hearing. (Verification.) (Signature.) FEDERAL FORMS FOR PETITIONS 1145 Form No. 1221a PETITION OF BECEIVEB TO BORROW MONEY TO ADVANCE TO LIEN CLAIMANTS AND ORDER THEREON i {Title.) I. O. and A. C, Jr., the Receivers of the A. P. & O. Corporation, the defendant named in the above entitled cause, appointed by an order heretofore entered in this proceeding, respectfully submit: 1. The said defendant corporation was possessed of large assets in the District of Rhode Island, consisting principally of certain vessels; that said assets, including said vessels, so far as the re- ceivers are advised, are subject to a certain mortgage to secure bonds which are now outstanding and unpaid and there are no assets of value known to the receivers which are free of the incum- brance of said mortgage that they can use in the administration of their trust. 2. Said receivers are advised that all of said vessels are subject to maritime liens which constitute a claim prior to any claims under said mortgage; that a large number and amount of said maritime liens are for wages claimed by seamen, the amount of such claims being approximately Forty Thousand Dollars ($40,000); that libels have been filed In this Court to enforce such maritime liens and the United States Marshal has taken possession of said vessels; that the said seamen have not received any wages from the defendant corporation for a long period of time, to wit, for about two months, and some are in destitute circumstances, and as a large number of them live at long distances from the port of their employment, they are unable to return to their homes and seek other employment until some recovery can be had by them upon their lien claims; that therefore it becomes necessary for said claimants to press for an early hearing on their claims and for an early sale of said vessels under said libels. 3. The Receivers have been informed that if a sum of Ten Thousand Dollars ($10,000) is paid to such seamen as as advance against their lien claims, in such amounts as in each case will relieve their necessity, the said seamen will be enabled to return to their homes and seek other employment, and an immediate and enforced sale of the said vessels under said liens will not be necessary. The receivers believe that the advancement of said amount to said lien claimants would be wise under the circumstances and would be a benefit to all parties having any interest in said vessels. The receivers therefore respectfully pray for the instructions of the Court in this matter, that they may be authorized to procure a loan of Ten Thousand Dollars ($10,000) for the purposes aforesaid, under such terms and conditions as to this Court shall seem best. Respectfully submitted, (Signature.) Form No. 1221b ORDER AUTHORIZING LOAN This cause came on to be heard upon the request of the receivers named herein for instructions relative to securing a loan of Ten 1 Taken from original on file in U. S. District Court of Rhode Island. 1146 EQUITY FORMS Thousand Dollars ($10,000) for an advancement In part of certain wage lien claims upon vessels belonging to the said defendant cor- poration and now in the possession of the United States Marshal for this District, and upon hearing counsel thereon and upon considera- tion thereof, it is ordered, adjudged and decreed: 1. That the said receivers, I. O. and A. C, Jr., be and they are hereby authorized to procure a loan of Ten Thousand Dollars ($10,000) and to give as evidence thereof a note or notes in the following form, such note or notes to be approved on the face thereof by the Clerk of this Court: $10,000. Providence, R. I., November, 1914. Three months after date we, the undersigned, I. O. and A. C, Jr., receivers of the A. P. & O. Corporation, appointed by the Judge of the District Court of the United States in and for the District of Rhode Island, as such receivers, for value received, hereby promise to pay to the order of the sum of TEN THOUSAND DOL- LARS ($10,000) with interest thereon. This note is issued under the authorization contained in an order entered by the said District Court of the United States, a certified copy of which is hereto attached. Approved: Clerk of the District Court of the United States for the Receivers for A. P. & O. Corp. District of Rhode Island. 2. Upon securing said loan the said receivers are hereby directed to advance the proceeds thereof to such seamen who have filed libels for wage claims against said vessels or to their attorney of record, as to said receivers shall seem proper in order to carry out the pur- poses of said loan as set forth in the request of said receivers for instructions, said advance to be made subject to the conditions here- inafter set forth. 3. The amount to be advanced to any seaman shall not exceed one-third of the amount claimed by him and the advance shall only be made to such seamen as shall have filed libels to enforce their claim. The receivers shall be subrogated to the rights of any lien claimant receiving an advance hereunder, in and to his lien to the extent of such advance for the benefit of the holders of the note or notes herein authorized to be issued. By the Court, Clerk. Form No. 1221c PETITION OF EECEIVEIIS TO BORROW MONEY TO PRESERVE PROPERTY AND ORDER ENTERED THEREON i (Title.) I. O. and A. C, Jr., the receivers of the A. P. & O. Corporation, the defendant named in the above entitled cause, appointed by an order heretofore entered in this proceeding, respectfully submit: 1 Taken from original on file in U. S. District Court of Rhode Island. FEDERAL FORMS FOR PETITIONS 1147 1. The said defendant corporation was possessed of large assets in the District of Rhode Island, consisting principally of certain vessels, that said assets, including said vessels, so far as the receivers are ad- vised, are subject to a certain mortgage to secure bonds whict are now outstanding and unpaid, and the vessels included in said assets are also subject to numerous maritime liens, for the enforcement of which libels have been filed; that the United States Marshal for this District has seized the vessels named in said libels and they are now in his custody; that there are no assets of value known to the re- ceivers which are free of the incumbrance of said mortgage or which are not subject to said maritime liens that they can use in the admin- istration of their trust. 2. The receivers are advised that it is necessary, in order to properly protect and preserve said property, to do certain work con- sisting principally of safely mooring said vessels, protecting the ma- chinery, boilers and tackle thereof, and protecting and guarding the property. The receivers, however, have no funds with which to procure this work to be done, and unless moneys can be raised avail- able for that purpose, great damage will result to the said property. The receivers therefore respectfully pray for the instructions of the Court in this matter, that they may be authorized to procure a loan of Two Thousand Dollars ($2,000) for the purposes aforesaid under such terms and conditions as to this Court shall seem best. Respectfully submitted, {Signature.) Form No. 1221cc OKDER (Title.) This cause came on to be heard upon the request of the receivers named herein for instructions relative to securing a loan of Two Thousand Dollars ($2,000) for the purpose of protecting and pre- serving the property belonging to the said defendant corporation, including the vessels now in the custody of the United States Mar- shal for this District, and upon hearing counsel thereon and upon consideration thereof, it is ordered, adjudged and decreed: 1. That the said receivers, I. O. and A. C, Jr., be and they are hereby authorized to procure a loan of Two Thousand Dollars ($2,000), and to give as evidence thereof a note or notes in the fol- lowing form, such note or notes to be approved on the face thereof by the Clerk of this Court. $2,000. Providence, R. I., November, 1914. Three months after date we, the undersigned, I. O. and A. C, Jr., receivers of the A. P. & O. Corporation, appointed by the Judge of the District Court of the United States in and for the District of Rhode Island, as such receivers, for value received, hereby promise to pay to the order of the sum of TWO THOUSAND DOL- LARS ($2,000) with interest thereon. This note is issued under the authorization contained in an order 1148 EQUITY FORMS entered by the said District Court of the United States, a certified copy of which is hereto attached. Approved : Clerk of the District Court of the United States for the Receivers of A. P. & O. Corp. District of Rhode Island. 2. Upon securing said loan the said receivers are hereby directed to apply the proceeds thereof to the payment of such costs, charges and expenses as in the opinion of said receivers shall seem proper in order to protect and preserve the property now in their possession or in the custody of the United States Marshal. By the Court (Brown, J.), Nov. 4, 1914, William P. Cross, Clerk. Enter November 4, 1914. Arthur L. Brown. Form No. 1221d PETITION FOE LEAVZ! TO ISSUE RECEIVEBS' CERTIFICATE 1 (Title and Address.) 1. The said defendant corporation was possessed of large assets in the District of Rhode Island, consisting principally of certain ves- sels; that said assets, including said vessels, so far as the receivers are advised, are subject to a certain mortgage to secure bonds which are now outstanding and unpaid and there are no assets of value known to the receivers which are free of the incumbrance of said mortgage that they can use in the administration of their trust. 2. Said receivers are advised that all of said vessels are subject to maritime liens which constitute a claim prior to any claims under said mortgage; that a large number and amount of said maritime liens are for wages claimed by seamen, the amount of such claims being approximately $40,000; that libels in admiralty have been filed in this Court to enforce such maritime liens and the United States Marshal in and for this 'District has taken possession of said vessels; that a sale of said vessels under said maritime lien has been ordered in said admiralty proceedings, said sale to take place on Tuesday, December the fifteenth. 3. The receivers have heretofore under an order of this Court entered herein borrowed the sum of Ten Thousand Dollars ($10,000) to be advanced to seamen having liens as aforesaid as an advance against their lien claims, and also the sum of Two Thousand Dollars ($2,000) for the purpose of protecting and preserving the property now in the possession of the receivers, which said sums of money have been paid by the receivers for the purposes set forth in the orders authorizing the procuring of said loans. 4. The holders of a large number of the bonds issued under the mortgage upon the vessels and property of the defendant corpora- tion now in the hands and possession of the receivers and the marshal are desirous of selling such vessels and property under a foreclosure sale under the bond mortgage upon such terms and con- 1 Taken from original on file in U. S. District Court of Rhode Island. FEDERAL FORMS FOR PETITIONS 1149 ditlons as will properly protect all lien claimants and take car.e of all expenses, disbursements and fees in connection with the said receivership and the lihels against said vessels, and in order to accomplish this it is necessary that the sale under said libels shall be postponed. If such postponement can be obtained, said bondholders state that they are prepared to advance to the said receivers upon re- ceivers' certificate the sum of Twenty-one Thousand Six Hundred and Sixty Dollars ($21,660) to be used for the purpose of making a further advance to the wage claimants aggregating Twenty Thou- sand Dollars ($20,000) and for the further purpose of making a payment on account of marshal's fees and court fees in said libel pro- ceedings. 5. The receivers are willing that such postponement of sale shall be had and an opportunity given to the said bondholders to foreclose under said mortgage upon the terms and conditions set forth, pro- vided that the lien claimants shall consent to such postponement and also provided that in any order entered for the issuance of a receivers' certificate in the sum of Twenty-one Thousand and Six Hundred and Sixty Dollars ($21,660) it shall be provided that the notes heretofore issued by the receivers for the sum of Twelve Thou- sand Dollars ($12,000) shall constitute a prior lien over the claims evidenced by the receivers' certificate for said Twenty-one Thousand Six Hundred and Sixty Dollars ($21,660) issued under any order entered herein and hereon. The receivers therefore respectfully pray for the instructions of the Court in this matter that they may be authorized to procure a loan of Twenty-one Thousand Six Hundred and Sixty Dollars ($21,660) for the purposes aforesaid under such terms and condi- tions as to this Court shall seem best. Respectfully submitted, (Signature.) Form No. 1221e PETITION FOR ISSUANCE OF SUBPOENA CAPTION AND ADDRESS i (Title.) To the Honorable the Judges of the District Court of the United States for the District of Massachusetts. Your petitioners respect- fully represents: First. That it is the plaintiff in a suit in equity brought by it against the Lunn & Sweet Shoe Company in the District Court of the United States for the District of Maine, which suit is now pend- ing and at issue. Second. That your petitioner has caused to be duly served on Richard P. Elliott, Esq., attorney for defendant in said suit, notice in accordance with Section 863 of the Revised Statutes of the United States that the testimony of Lorenz Muther, who resides at 27 Waverly Avenue, Newton, in the Commonwealth of Massachusetts, would be taken before John E. Oilman, Deputy Clerk of the District Court of the United States for the District of Massachusetts, in the 1 Taken from priginal on file in U. S. District Court of Massachusetts. 1150 EQUITY FORMS Post Office Building, Boston, Massachusetts, on Wednesday, Novem- ber 29, 1916, at 2 P. M. Third. That the testimony of said witness is material to your pe- tioner's case in said suit. WHEREFORE your petitioner prays that an order Issue directing the Clerk of the District Court of the United States for the District of Massachusetts to issue under the seal of said Court and to sign and attest a subpoena directed to said Lorenz Muther, 27 Waverly Avenue, Newton, Massachusetts, directing him to attend before said John E. Gilman, on November 29, 1916, at 2 P. M., at the office of the Clerk of the United States District Court for the District of Mas- sachusetts, and from day to day thereafter until his testimony is com- pleted; then and there to be examined de 'bene esse in pursuance of the Revised Statutes of the United States, and then and there to give evidence on behalf of the plaintiff in the certain cause hereinbefore described, and that your petitioner may have such other and further relief in the premises as may be just. {Signature and verification.) Form No. 1221f PETITION FOE CONTEMPT FOE HAVINa DISOBEYED AN OEDEB OF THE COUET IN EEGAED TO AN IN- FEINGEMENT OF PATENT i {Title.) W. R., the President of the complainant corporation in the above entitled case, respectfully represents that the T. W. F. Company, the defendant herein, has been enjoined by this Court from infringing claims 1, 2, 3, 4, 5, S, 9, 10, 11 and 12 of Letters Patent issued to H. O., for Flexible Electrical Conduit, dated July 3rd, 1900, and numbered 652,806. And your petitioner represents that the said T. W. F. Company has violated said injunction and has made and sold since the issue and service of said injunction a large quantity but how much your petitioner cannot say of non-metallic flexible conduit embodying the invention set forth in said Letters Patent, and claimed in the afore- said claims thereof, and that said infringement has consisted in mak- ing and selling conduit substantially like the specimen of conduit herewith presented to the Court and marked "Plaintiff's Exhibit A," and that said conduit does not differ in structure from the conduit originally complained of in this suit, but merely in the substitution of a different material for the helical element thereof. And your petitioner herewith presents affidavits of said infringe- ment by said manufacture and sale of conduit like "Plaintiff's Ex- hibit A," and therefore prays that an attachment for said contempt may be issued against the said T. W. F. Company to bring it before this Honorable Court and answer the said contempt. And your petitioner will ever pray, etc. (Signature and Verification.) 1 Taken from original on file in U. S. District Court of Rhode Island. FEDERAL FORMS FOR PETITIONS 1151 Form No. 1221g PETITION ON APPEAL FROM OKDEK GEANTINa PRELIMINAET INJUNCTION AND FOR SUSPENSION OF INJUNCTION ON FILING SUPERSEDEAS BOND i (Title.) The defendant hereinabove named, deeming itself aggrieved- by the order for preliminary injunction made and entered herein on the twenty-seventh day of March, 1917, hereby appeals from said order to the United States Circuit Court of Appeals for the First Circuit, and states that its reasons for said appeal are specified in the assign- ment of errors filed herewith, and it therefore prays that this appeal may be allowed and that a transcript of the record, proceedings and papers upon which said order was made, after due authentication, may be sent to the United States Circuit Court of Appeals for the First Circuit. Your petitioner further prays that it may be allowed to file a supersedeas bond in an amount to be designated by the court, and that the preliminary injunction ordered may be suspended pending the decision of this appeal. The reasons in support of the petition to suspend the injunction are set forth in the annexed affidavits of E. W. B., C. B., J. D. and C. F. B. (Signature.) Form No. 1221h PETITION FOE APPEAL AND CONTINUANCE OF INJUNCTION (Title and Address.) The above named plaintiff, conceiving himself aggrieved by the final decree made and entered on the 13th day of October, 1915, in the above entitled cause, hereby appeals from said decree to the United States Circuit Court of Appeals for the first circuit for the reasons specified in that Assignment of Errors, filed herewith; and he prays that this appeal may be allowed and that a transcript of the record proceedings and papers upon which said decree was made, duly authenticated, may be sent to the United States Court of Appeals for the first circuit, and that the injunction heretofore granted may be restored and continued until the further order of the court and that said appeal may operate as a supersedeas. (Signature.) Form No. 12211 PETITION POE APPOINTMENT OF SPECIAL COMMISSIONER TO TAKE DEPOSITION 2 E. B. of Whitefield in the County of Coos and State and District of New Hampshire, as trustee in bankruptcy of the estate of A. C, of said Whitefield, respectfully represents: That he is the complainant in the above entitled cause and that it is necessary to his cause to take the deposition of a witness resid- 1 Taken from original on file in U. S. District Court of Maine. 2 De bene esse under R. S. of U. S. 863 and 865. Fed. Eq. Rule 54 and 47. Taken from files in U. S. District Court of New Hampshire. See form for commission issued upon this petition infra, p. 1167. 1152 EQUITY FORMS ing more than one hundred miles away from Concord, in said Dis- trict of New Hampshire, where the trial of this cause is being had, the name of said witness and his residence being filed herewith, and that said person whose deposition it is desired to take is not a resi- dent within the said District of New Hampshire. Wherefore, your petitioner prays that C. T. of Worcester, in the District of Massachusetts, having an office at No. 390 Street in that City, may be appointed a Special Commissioner to take the deposition of said witness, the said deposition to be by oral ex- amination, with authority to the said C. T. to cause subpoenas and subpoenas duces tecum to issue for said purpose, namely to give testimony at such time and place as said Commissioner may from time to time determine upon reasonable notice to the defendant or his attorney. E. B., Trustee in Bankruptcy of A. C. Form No. 1221J PETITION BY TRUSTEE UNDER MORTGAGE FOR LEAVE TO SUE RECEIVERS FOR PURPOSE OF FORECLOSING MORTGAGE i {Title.) Tour petitioner, A. Company, respectfully represents: First. That your petitioner, A. Company, is a corporation organ- ized and existing under the Laws of the State of New York, having its office and principal place of business in the Borough of Man- hattan, City and County of New York, in said State, and a citizen of said State of New York and a resident of the Southern District of New York. Second: That the defendant, A. P. & O. Corporation (hereinafter called the "Company"), is a corporation organized and existing un- der the laws of the State of New York, having its office and princi- pal place of business at Promised Land, in the County of Suffolk, in said State of New York, and a citizen of said State of New York and a resident of the Eastern Distriot of New York. Third. That your petitioner is Trustee under a mortgage or deed of trust dated July 1, 1913, executed ^by the Company, to secure an issue of 11,500,000 authorized principal amount of Refunding Mort- gage Six Per Cent Twenty-Tear Sinking Fund Gold Bonds, of Com- pany, whereof |1, 438, 000 principal amount have been issued and are now outstanding. Fourth. That defaults have occurred under said mortgage, among others. In the payment of interest upon and of the principal of said bonds now outstanding, and that your petitioner intends to insti- tute a suit or suits for the foreclosure of said mortgage and to en- force its rights and the rights of the holders of said bonds there- under. Fifth. That heretofore and on or about the 20th day of October, 1914, I. O. and A. C, Jr., were duly appointed, in the above entitled cause, receivers of all the realty, chattels and choses in action of the 1 Taken from original on file in U. S. District Court of Rhode Island. FEDERAL FORMS FOR PETITIONS 1153 Company within the jurisdiction of this Court, and that this Court, through said receivers, is now in possession of all said property and business of the Company. Sixth. Your petitioner is advised and believes that said I. O. and A. C, Jr., as such receivers, are therefore proper and necessary par- ties to the proposed foreclosure suit or suits in order that the Court therein may effectually cause said property and the possession thereof to be transferred to the purchaser or purchasers under any decree of forclosure and sale therein. WHEREFORE your petitioner prays that leave be granted to your petitioner to make said I. O. & A. C, Jr., as such receivers, parties defendant in said proposed foreclosure suit or suits. Dated, December 29th, 1914. (^Signature.) UNITED STATES OF AMERICA,! Southern District of New York, I ss. County of New York. I H. C., being duly sworn, deposes and says that he is an oiHcer, to wit, a Vice-President, of A. Company, the petitioner above named; that he has read the foregoing petition and knows the contents thereof; that all the allegations contained therein in respect of the acts of A. Company are true of his own knowledge, and that as to the other allegations therein contained he is credibly informed and be- lieves the same to be true. Sworn to before me this 29tli day of December, 1914. H.C. F. W. Notary Public, Kings County. Certificate filed in New York County. Form No. 1221k PETITION FOE UIAVE TO PILE SUPPI;EMENTAI. BUI. (Title.) The petition of General Electric Company and Otis Elevator Com- pany respectively shows that on or about the day of A. D. 1911, your petitioners, Otis Elevator Company, and the Sprague Electric Company, filed their original Bill of Complaint in this honorable court against Electric Controller and Manufactur- ing Company, alleging Infringement of Letters Patent No. 716,953, and praying for a discovery, an accounting, payment of profits and damages, and an injunction to restrain the said Electric Controller and Manufacturing Company from infringing on Letters Patent No. 716,953. And your petitioner further shows that said Electric Controller and Manufacturing Company being served with process by sub- poenas Issuing out of and under seal of this court, duly appeared and filed Its answer to said Bill of Complaint, denying the validity of the said Letters Patent No. 716,953, and denying infringement thereof, and setting up defenses usual in suits brought for Infringe- ment of Letters Patent for invention, that thereafter issue was joined by the filing of a replication to said answer. That thereafter. 1154 EQUITY FORMS to wit, on the 29 th day of April, 1911, the said Sprague Electric Company, by valid assignment, sold, assigned, transferred and set over unto your petitioner. General Electric Company, the said Let- ters Patent No. 716,593, together with all claims and demands by reason of past infringements of said Letters Patent, with a right to sue for and collect the same for its own use and behoof and for the use and behoof of its successors, assigns or other legal represen- tatives. Wherefore your petitioners pray that it may please your Honors to grant unto your petitioners leave to file a Supplemental Bill, a copy of which is hereto annexed, for the purpose of making Gen- eral Electric Company a party-complainant in this suit in place and stead of the Sprague Electric Company and for such other relief as may be proper. And may it please your Honors to issue to the defendant herein, Electric Controller and Manufacturing Company, an order that the defendant. Electric Controller and Manufacturing Company show cause, if any it has, why this petition should not be granted, and the said Supplemental Bill be placed on file. (Signature and verification.) Form 1221-1 PETITION OF PEIOE MOBTGAGOE TO INTEEVENE i (Title.) O. M. brings this his petition for leave to intervene herewith, and presents this as his bill of intervention, leave thereto being first had, and thereupon the petition shows: First: The petitioner, O. M., is now and was at all times herein- after mentioned, a citizen and resident of Staatsburgh, County of Dutchess and State of New York. Second: The petitioner is the mortgagee and present holder of a certain mortgage upon personal property consisting of fertilizer and fishing apparatus and machinery and other articles and parts taken from the ship "Mills" and located In the Town of Portsmouth, County of Newport, State of Rhode Island, made, executed and delivered by the respondent Menhaden Fishing Company, a corporation organized under the laws of the State of New Jersey, to the petitioner on the, to wit, twenty-fourth day of February, 1913, and duly recorded in the records of personal property mortgages in said Town of Ports- mouth, where said personal property was then located, within five days after the execution thereof, to wit, on the twenty-fifth day of February, 1913, in personal property mortgage book Number 1 at pages 212-240 inclusive, a copy of said mortgage being hereto an- nexed and made a part hereof and marked Exhibit "X". Third: All of the respondents except the Menhaden Fishing Com- pany, which is a New Jersey corporation, as aforesaid, are already parties in this proceeding and have been duly described therein. Fourth: Upon information and belief after the execution of said mortgage, the interest of said Menhaden Fishing Company in and to the personal property subject to the lien of said mortgage and the 1 Taken from original on file in U. S. District Court of Rhode Island. FEDERAL FORMS FOR PETITIONS 1155 title of said Menhaden Pishing Company thereto passed, by certain mesne conveyances to the respondent A. P. & O. Corporation, and thence under the decree of this court appointing the respondents I. O. and A. C, Jr., as receivers of said A. P. & O. Corporation, to said receivers, and possession of said personal property passed to said receivers and said receivers are now in possession of said personal property under the decree aforesaid at said Town of Portsmouth, State of Rhode Island. Fifth: Upon information and belief said A. P. & O. Corporation subsequent to the time of the execution and recording of the mort- gage of said personal property by said Menhaden Fishing Company to the petitioner, as aforesaid, by mortgage dated July 1, 1913, set forth as Exhibit "A" in the bill of complaint of said A. Company as trustee herein in its bill of complaint for foreclosure of said mort- gage of July 1, 1913, mortgaged said personal property to said A. Company as trustee aforesaid. Sixth: By decree heretofore entered in this proceeding by this Honorable Court said personal property was ordered to be sold by or under the direction of said I. O. and A. C, Jr., receivers of said A. P. & O. Corporation, who were appointed special masters for that pur- pose in connection with the foreclosure of said mortgage to A. Com- pany trustee subject to certain liens therein expressly set forth and also to "any and all other encumbrances which are or may be charge- able upon the mortgaged property or premises, or any part or portion thereof, prior to the lien of the mortgage." The mortgage of this petitioner dated February 24, 1913, aforesaid, was not specifically set forth in said decree, but was and is in fact an encumbrance chargeable upon said property prior to the lien of the mortgage to the A. Company. Seventh: The agreements annexed to and made a part of the mortgage given to the petitioner by the M. Company, dated Febru- ary 24, 1913, as aforesaid, the performance of which said mort- gage was given to secure, have not been kept by said M. Company, or by the other parties thereto, and have not been kept and per- formed by their successors in interest in said personal property, but the same have been broken by the parties other than the peti- tioner and the payments therein provided to be paid to the petitioner have not been made and there remains due to the petitioner there- under the sum of Seven Thousand One Hundred Fourteen and 76/100 ($7,114.76) Dollars, together with interest on the unpaid balance from August 28, 1913, according to the account hereunto annexed and made a part hereof and marked Exhibit "Y," and said defaults still continue, by reason of said defaults and other defaults, which the petitioner will show to this court upon the trial hereof, the petitioner is now entitled to enforce the foreclosure of said mort- gage dated February 24, 1913, for the protection of his rights and to enter upon the mortgaged property and to sell the same under the terms of said mortgage, and apply the proceeds thereof to the payment of the amount due to the petitioner under the agreements, the performance of which was secured by said mortgage as afore- said, and to pay over any balance received from the sale of said property over and above the amount due the petitioner and his 1156 EQUITY FORMS costs and expenses in the premises, to said M. Company, or its suc- cessors, as their interest may appear; that your petitioner is re- strained and enjoined by the decree of this Honorable Court hereto- fore entered in this proceeding from and anywise disturbing the possession of said receivers and from prosecuting any actions or suits which effect said property. Eighth: Whereby the petitioner cannot foreclose said mortgage and protect his rights therein without the aid of interposition of this Honorable Court sitting in equity and without a judicial sale of said mortgaged property. Ninth: Upon information and belief it is declared that said M. Company, and its successor, the A. P. & O. Corporation, are insolvent and wholly unable to pay their debts and obligations. No proceed- ings have been had, nor any action commenced, to recover the amount due to the petitioner as aforesaid. Tenth: This is a civil suit in the nature of a suit in equity and the amount in controversy exceeds the sum of Five Thousand ($5,000) Dollars, exclusive of interest and costs. In consideration whereof the petitioner is remediless in the premises at and by the strict rules of common law and is relievable only in a court of equity where matters of this kind are properly cognizable and remediable, and the petitioner thereupon prays the aid of this Honorable Court that the mortgage held by him as afore- said may be foreclosed and that it may be decreed and established herein as a lien upon the property covered thereby, subject thereto and therein mentioned and described, prior to any lien or claim of any parties hereto, and either that said property be turned over to the petitioner for the purposes of such foreclosure, or that a receiver be appointed for such purposes, or that the receivers here- tofore appointed for said property in this proceeding be instructed, directed and empowered to proceed to foreclose said mortgage under the terms thereof and to sell said property under said mortgage and to hold the proceeds for the benefit of the petitioner until further order Of the court, and that at any sale or sales of said property under the decree heretofore entered by this Honorable Court in these proceedings in aid of the foreclosure of the mortgage of said A. Company as trustee upon said property, or upon any other order or decree, which may hereafter be entered, said receivers immedi- ately, prior to any such sale, shall notify or cause to notify all persons present at such sale that said property is to be sold subject to the lien of the petitioner under his mortgage as aforesaid as a prior encumbrance upon said property, and that in case possession of said property shall not have been before such sale given to the petitioner, the receivers shall be directed and ordered to hold and retain possession of said property after any such sale for the benefit of the petitioner and in aid of his proceedings for foreclosure as aforesaid and. shall give notice at such sale and prior thereto to all persons present thereat, that the receivers will retain such posses- sion and that all persons, including any purchaser or purchasers at such sale, or any persons claiming under them, are restrained and enjoined from interfering with the possession of said property by said receivers and that all persons be restrained and enjoined from FEDERAL FORMS FOR PETITIONS 1157 removing said property outside of the State of Rhode Island, except the purchasers of said property at any sale under the foreclosure of the mortgage held by the petitioner as aforesaid, and that the defendants may severally be required to true answer make, but not under oath, answers under oath being hereby expressly waived, to all and singular the matters and charges aforesaid as fully as if thereunto particularly interrogated. May it please your Honors to grant unto the petitioner not only a writ of injunction conformably to the prayer of this petition, but also a writ of subpoena to be issued out of and under the seal of this Honorable Court to be directed to said defendants, A. P. & O. Cor- poration, I. O. and A. C, Jr., receivers, and Menhaden Fishing Com- pany, commanding them and each of them at a certain time and under a certain penalty to be therein specified, to be and appear before this Honorable Court, then and there to answer the aforesaid allegations (but not under oath, answer under oath being hereby expressly waived), and to abide by the order and decree of the court herein and that said defendants may appear herein according to law. And the petitioner as in duty bound will ever pray. (Signatwre.) Form No. 1221m PETITION TO INTERVENE IN ANCTLLAEY KECEIVEE- SHIP PROCEEDINGS i (Title.) Respectfully represents S. L. of Manchester, of County of Hills- borough and State of New Hampshire that there is now on file in the Hillsborough County Superior Court for the State of New Hampshire a petition for the late entry therein of a copy of a certain writ of said Court, a copy of which petition and writ certified to by T. L., Clerk of said Superior Court, is hereto attached and marked petitioner's "Exhibit A"; that as appears in said petition, said writ, which was dated April 25, 1914, and returnable to the September term, 1914, of said Superior Court, has been lost; that a true and exact copy thereof is attached to said petition; that by reason of accident, mis- fortune, and mistake, and through no fault or negligence of the pe- titioner, said writ was not entered at said September term; That said writ was based upon a claim for lumber delivered said E. B. & v. Company at the times and for the prices indicated in a statement hereto attached and marked petitioner's "Exhibit B"; That on or about May 22, 1914, pursuant to, and by virtue of said writ, T. D., a duly authorized deputy sheriff in and for said County of Hillsborough attached property belonging to said E. B. & V. Com- pany and located in Milford in said County of Hillsborough, which property was of great value, to wit, of the value of $6,000; as ap- pears from the return endorsed on the copy of said writ; That after the time of making said attachment, to wit, on July 16, 1914, B. P. and W. S., both of Buffalo in the County of Erie and 1 Taken from original on file in U. S. District Court of New Hamp- shire. 1158 EQUITY FORMS State of New York were appointed receivers in New Hampshire of and for said E. B. & V. Company, defendant, and became qualified to act as such receivers; that said receivers thereupon assumed the management and control of the business of said E. B. & V. Company subject to said attachment; that by reason of the non-entry of said writ your petitioner lost the rights secured to him under said at- tachment together with the privilege of proceeding with said writ in said Superior Court agreeably to any order or decree of this Court; that justice and equity require that your petitioner be permitted to intervene in the above entitled cause now pending in this Court and to proceed with his said petition and writ in said Superior Court, agreeably to any order or decree of this Court; Wherefore, your petitioner prays ( 1 ) that he be permitted to in- tervene in the above cause in this Court; (2) that he be permitted to proceed with said petition and writ now on file in said Hillsbor- ough County Superior Court agreeably to any order or decree of this Court; and (3) for such other relief as may be just. (Signature.) Form No. 1221ii BECIilVSBS' PETITION FOE OBDEB CONFIEMINO SAXE AND FOB OBDEB TO FBESENT CI.AIMS i {Title.) Your petitioner alleges as follows: 2 1. That by order and decree of this court herein, dated July 16, 1914, your petitioner and B. P., of Buffalo, New York, were ap- pointed ancillary receivers in this cause. 2. That in pursuance of decrees and orders of the United States District Court for the Western District of New York, a sale was held of the personal property of the defendant herein, with certain ex- ceptions, including property at Milford, New Hampshire; that such sale was duly confirmed by the United States District Court for the Western District of New York by decree and order dated the 20th day of March, 1915, a copy of which decree and order is hereto attached. 3. That by virtue of a stipulation entered into between S. L., of Manchester, County of Hillsborough, New Hampshire, and the re- ceivers, which stipulation was duly approved in said decree and order of March 20, 1915, and which stipulation is hereto annexed, the receivers were required to deposit with the United States District Court for the District of New Hampshire the sum of fifty-five hun- dred dollars ($5,500), as provided in said stipulation and decree. WHEREFORE, your petitioner prays: 1. That the order and decree of the United States District Court for the Western District of New York, dated March 20, 1915, and all proceedings of said United States District Court for the Western District of New York in authorizing and directing the sale of the said property and the said stipulation be ratified in all respects, and approved and confirmed by this court. 1 Taken from files of U. S. District Court of New Hampshire. 2 For this decree see Form No. 1264a infra, p. 1194. FEDERAL FORMS FOR PETITIONS 1159 2. That he be instructed as to when and where to deposit the said $6,500 with this court. 3. That a decree and order be entered herein requiring the said S. Li. to present his claim against this defendant and requiring the receivers to reply thereto and fixing the time and place for a hear- ing on the claim of the said S. L. against the defendant and its receivers. 4. That upon a determination of the rights of the said S. L. a decree and order may be entered directing distribution through the primary receivership in the United States District Court for the Western District of New York, or in such other manner as this court may direct, and for a further decree and order discharging the ancillary receivers herein, settling their accounts, and cancel- ling the bond heretofore filed by said ancillary receivers. (Signature.) CHAPTER XLI FEDERAL FORMS FOR INTERLOCUTORY ORDERS Form No. 1222 FOEMAI. PARTS DISTRICT COURT OF THE UNITED STATES. District of Division. ■^ ^"l In Equity. o'li.h'"- ORDER The motion (or petition) of the plaintiff (or defendant) in the above entitled cause for {here set forth the purpose of the application) came on to be heard this day, and was argued by counsel, and now upon consideration thereof it is hereby Ordered: (Here insert terms of order.) Dated this day of A. D. 19. .. District Judge. Form No. 1223 SHORT FORM OF ORDER WHEN ANNEXED TO MOTION OR PETITION Upon the foregoing application of the plaintiff (or defendant) in the above entitled cause, it is hereby ordered, that: (Set forth terms of order.) Dated this day of A. D. 19... District Judge. Form No. 1224 SUMMONS TO SHOW CAUSE WITH RESTRAINING ORDER i UNITED STATES OP AMERICA. District of , ss. The President of the United States of America and the Marshal of said District, Greeting. We command you that you summon C. D., of county of , state of if he may be found in your precinct to 1 See Equity Rule 73. The new rules restrict the power of the Court to grant restraining orders without notice except in cases where irrep- arable injury would result to the plaintiff if the same was not granted and provisions are made under which a hearing can be had immediately on such restraining order. 1160 FEDERAL FORMS FOR ORDERS 1161 appear before the District Court of the United States to be holden at , within and for said district of on the day of , 19 . . , at o'cloclc in the forenoon then and there to show cause, if any he has, why an injunction should not issue against him as prayed for in the bill of complaint of A. B., of county 'of , state of Service to be made on said C. D. at least three days before said day of , 19... And pending hearing and decision on complainant's motion for injunction pendente lite this day filed, it is ordered pursuant to Re- vised Statutes of the United States, section 718, and the rules of Court in such cases made and provided that the defendant and all persons claiming to act under his direction, authority or control, shall not proceed with foreclosure proceedings or any interference with the property described in the plaintiff's bill of complaint, and that the defendant shall not transfer, assign, or convey the notes and mort- gages described in said bill of complaint. This restraining order shall be made a part of the summons to show cause by order of Court. Hereof fail not, and make due return of this writ, with your doings thereon in our said Court. Witness the Honorable Judge of the said District Court at aforesaid the day of in the year of our Lord one thousand Clerk. Form No. 1225 TEMPORARY RESTRAINING ORDER 2 (Title.) Whereas, in the above cause, a petition for a permanent injunction has been filed, and it having appeared that there is danger of irrepar- able injury being caused to the petitioner and to others on whose behalf said petition has been brought, before a hearing may be had upon the merits of said petition unless said defendants are, pending such hearing, restrained as herein set forth: Now, therefore, take notice that you, the J. Company, N. M. Com- pany, F. K., D. A. G., W. M. P., defendants herein, and each of you, your agents, servants, attorneys and counselors, are hereby temporarily restrained and enjoined, from taking any action to carry out any proposed sale, conveyance or delivery of the property, franchises and good will of said the J. Company. The above order being made ex parte it is subject to being vacated or modified upon application by any aggrieved party, on Thursday, March 21, 1912, at eleven o'clock, at the United States Court Room, Portsmouth, New Hampshire, at which time the parties will be heard. United States District Judge. March 19, 1912. 2 Taken from the files in U. S. District Court of New Hampshire, in case of Gardiner Investment Co. v. Jackson Co. 1162 EQUITY FORMS Form No. 1226 REQUEST FOB OBDEB FBO CONFESSO 3 (Title.) The clerk will please enter a decree pro confesso herein under the provisions of Rule 16, because of the failure of the defendant to file an answer within the time provided for by Rule 12. Solicitor for Complainant. Form No. 1227 OBDEB TAKING BILL PEO CONFESSO (.Title.) It appearing to the Court that an answer has not been filed as required by Equity Rule 12 and in default thereof the plaintiffs hav- ing elected to take an order as of course that the bill of complaint be taken pro confesso under Equity Rule 16, it is hereby Ordered the bill be taken pro confesso for failure of the defendants to file their answer. Dated By the Court, Clerk. Form No. 1228 OBDEB TO TAKE BILL PEO CONFESSO (SECOND FOBM) * (Title.) It appearing that the subpoena in this cause was duly served on the defendant, C. D., on the day of , 19.,, and that no answer or other defense has been filed by the said defendant, and that more than twenty days has elapsed since said service, excluding the day of such service; now, therefore, on motion of X. Y., attorney for the plaintiff, it is ordered and decreed that the bill in this cause be taken pro confesso as to said defendant in accordance with the pro- vision of the rules in such cases. Dated , 19... By the Court, Clerk. Form No. 1229 OBDEB OF COUBT APPOINTING SPECIAL MASTEB TO TAKE AN ACCOUNTING s (Title.) Upon motion of the plaintiff in the above entitled cause for appoint- ment of special master to take and report an account of profits re- ceived by defendant, it is hereby, 3 Under Equity Rule 16. * Equity Rule 16. 5 See Equity Rule 59. FEDERAL FORMS FOR ORDERS 1163 Ordered, that A. B., of , be and hereby is appointed special master in said cause with powers to take and report an account of the profits, which the said defendant has received or which have arisen or accrued to him from the infringement of the patented invention, described in the plaintiff's bill by unlawfully making, issuing or vend- ing the same, and to ascertain and report the damages, if any, in addi- tion to the profits which the plaintift has sustained by reason of the premises. (Signature.) ■ Dated , 19... Form No. 1230 OEDEE OF COUET APPOINTING SPECIAL MASTEE BY EEASON OF EXCEPTIONAL CONDITIONS « {Title.) Upon the motion of the plaintiff for appointment of a special master in the above entitled cause, it appearing that answer has been filed and that said cause is at issue, and that exceptional conditions exist rendering such an appointment desirable and necessary, it is hereby. Ordered, That M. T., of , be and hereby is appointed special master in said cause to take evidence and report his findings of fact and conclusions of law thereon. Dated (Signature.) Form No. 1231 OEDEE CONFIElVnNG THE EEPOET OF MASTEE (Title.) The motion of the plaintiff in the above entitled cause to confirm the report of J. S., Esquire, Special Master in Chancery, duly ap- pointed by this Court herein, to take evidence and report his findings of fact and conclusions of law thereon, which said report was filed herein on the day of , A. D. 1914, came on to be heard this day and all parties being represented by their several solicitors, and there being no exceptions filed to said report or objec- tions made to the confirmation of the same, it is hereby Ordered that the report of said special master be and hereby Is in all things confirmed, and that a final decree in favor of the plaintiff be made in accordance with the findings of fact and conclusions of law contained in said report, Dated (Signature.) Form No. 1232 OEDEE OF SALE BY SPECIAL MASTEE (Title.) The above entitled cause came on to be heard this day upon motion of plaintiff for decree of sale of certain real estate of the 8 See Equity Rule 59. 1164 EQUITY FORMS defendant company, and was argued by counsel and now, upon con- sideration thereof, it is Ordered, adjudged and decreed that the real estate comprising the factory, plant and machinery thereto appertaining of the Company, defendant in the above entitled cause, located at in the county of and state of , more particularly described as follows: (Description) be sold to the highest bidder, at public auction, upon said premises, on a day and hour to be fixed by the said special master herein appointed, and that for the purpose of making said sale, J. S., of , is hereby appointed Special Master in Chancery, and is hereby directed to conduct said sale, and to give notice of the time, place and terms of the same, therein briefly describ- ing the property to be sold, and referring to this decree, by publishing said notice in two daily newspapers published in the county in which said real estate is situated, once a week for three successive weeks, the last publication to be at least seven days prior to said date of sale; said sale may at the request of the solicitors of the plaintiff or defendant be adjourned to a later date, without further notice; and said master is authorized and directed to execute and deliver to the purchaser of said real estate a master's certificate of purchase of said property and to return the cash proceeds of said sale into the registry of this Court, to be disbursed by the clerk of this Court as may here- after be directed by order of Court; and said master is further author- ized subsequent and pursuant to the final order of this Court con- firming said sale, to execute and deliver to the purchaser or pur- chasers of said property a good and sufficient deed of conveyance. Dated (Signature.) Form No. 1233 NOTICE OF SALE BY SPECIAIi MASTEE {Title.) By virtue of the decree of sale made and entered by the District Court of the United States for the district of , on the day of , A. D , in the above entitled cause, I, the under- signed, as special master, appointed for such purpose by said decree, will sell at public auction to the highest bidder, for cash, at in the city of county of and state of , on the day of , A. D , at o'clock A. M., the fol- lowing described real estate: (Here set out a description of property to 6e sold.) Dated J. S., Special Master. Form No. 1234 OEDEE CONFIEMING SALE OF MASTER The report of J. S., Special Master in Chancery, duly appointed by this Court in the above entitled cause having been filed in this Court on the day of A. D. 1914, showing that on the second day of August, A. D. 1914, at ten o'clock in the forenoon said master sold at public auction to E. F., of , all the real estate FEDERAL FORMS FOR ORDERS 1165 comprising tlie factory, machinery and plant with appurtenances be- longing to the company, the defendant in the above entitled cause, more specifically described in the decree authorizing said sale, and in said master's report; and afterwards on the day of , 1914, written objections to said report having been filed by solicitors for said defendant company, now on this day of A. D. 1914, upon consideration of said objections and argu- ments of counsel thereon, it appearing to the Court that said sale was regularly and duly made by said master according to law, and pursuant to the terms of ther decree of this Court authorizing said sale, it is hereby Ordered that said objections be and hereby are overruled and that the report of said master and said sale made by him as therein set forth be and the same are hereby approved and confirmed and it is further ordered, adjudged and decreed that a proper and legal con- veyance of all the property so sold be executed and delivered forthwith by said master to said E. F., the purchaser to whom the same was sold. Dated this day of , A. D. 1914. (Signature.) Form No. 1235 ORDER OF NOTICE ON EECBIVER'S PETITION FOR LEAVE TO SELL AT PRIVATE SALE (Title.) This cause came on to be heard this day upon the petition of the receiver for leave to sell the assets of the above named company at private sale in accordance with the offer recited in the said petition and thereupon it is Ordered, adjudged and decreed that said petition be assigned for hearing on Monday, June 30, 1913, at 11 o'clock A. M., and that notice of the pendency of said petition be given to all known creditors of the said company by sending a copy of this order by mail and by adver- tising the same once at least five days before the said thirtieth day of June in the Providence Journal and the Boston Herald. By the Court ( J.), June 21, 1913. Clerk. Enter June 21, 1913; J. Form No. 1236 ORDER ON RECEIVER'S PETITION TO BE ALLOWED TO PAY INSURANCE PREMIUMS ea (Title.) This cause came on to be heard at this sitting upon the applica- tion of the ancillary receiver to be allowed to pay insurance premiums amounting to $122.05 for insurance prior to the ancillary receiver's appointment, and $193.95 subsequent to the ancillary receiver's appoint- ment, and upon consideration there it was and is 6a See petition, Form No. 1212, ante, p. 1138. 1166 EQUITY FORMS Ordered, adjudged and decreed that H. B. P., the ancillary receiver herein, be and is authorized to pay said insurance premiums amount- ing In all to $316. Dated By the Court, , Clerk. Form No. 1237 OEDER CONFIEMING FINAL EEPOET OF EECEIVEE (Title.) J. S., receiver in the above entitled cause having filed his final report therein accounting for all assets which came into his hands and having produced proper vouchers for all disbursements made by him in the premises; and it appearing that said report and account are correct, it is hereby Ordered, adjudged and decreed that said receiver be and hereby is allowed the sum of dollars in full as compensation for all services rendered by him in his capacity as such receiver; and that the said report be and hereby is in all respects confirmed. Dated (Signature.) Form No. 1238 OEDEE DISCHAEGING EECEIVEE (Title.) Upon the application of J. S., receiver appointed in the above en- titled cause, it appearing that said receiver has filed his final account therein accounting for all assets and property which came into his hands as such receiver, and that said report has been duly confirmed and allowed, and that he has performed all duties required of him by his decree of appointment, it is hereby Ordered, adjudged and decreed that said receiver be and hereby is discharged and the sureties on his bond released. Dated (Signature.) Form No. 1239 OEDEE FOE WEIT OF NE EXEAT (Title.) Upon the motion of the plaintiff in the above entitled cause for the issuance of a writ of ne exeat and upon consideration of the aflS- davit annexed to such motion, it is hereby Ordered that a writ of ne exeat republica issue forthwith against the said defendant C. D. till further order of this Court, and that said writ be marked for security in the sum of $ Dated (Signature.) FEDERAL FORMS FOR ORDERS 1167 Form No. 1239a COMMISSION TO TAKE DEPOSITION ON ORAI. INTESBOGATOBIES i To C. T., of Worcester, in the District of Massachusetts: KNOW YE, That we, by these presents, do authorize and empower vou to take the answers to such interrogatories and cross interroga- tories as may be propounded of A. N. C, of said Worcester, a witness to be examined on behalf of the complainant and to be used In a certain cause now pending in said Court between E. B., Trustee and Bankruptcy of the estate of A. N. C., complainant, and A. R., defend- ant; And to this end, at certain days to be by you appointed for that purpose, to cause said witness to be brought before you, and while present before you, to examine carefully on the oath hereinafter di- rected, in response to such oral interrogatories and cross interroga- tories as may be propounded to said witness; and to reduce the answers, or cause the same to be reduced, to writing, and to be sub- scribed by said witness in your presence; and the same, so taken and subscribed, to return, together with this commission and said inter- rogatories and cross interrogatories, and your doings herein enclosed, sealed and directed to the District Court of the United States, holden at Concord, in said district of New Hampshire, as soon as the same shall have been executed. You will administer to such witness be- fore taking his answers, an oath that he will depose truly, and after he has subscribed them, an oath that the written deposition by him subscribed is true, being the respective oaths described in the revised statutes of the United States, section 5392. You will certify in your return that you have in all things com- plied with the directions of this commission". IN TESTIMONY WHEREOF, we have caused the seal of the said District Court to be hereunto affixed. WITNESS THE HONORABLE E. A., Judge of the District Court of the United States at Concord within and for the district of New Hampshire, this 15th day of April, A. D. 1914. Clerk. Form No. 123gb CERTIFICATE OP COMMISSIONER TO BE ATTACHED TO COMMISSION AND DEPOSITION This is to CERTIFY that A. C, the above-named deponent, ap- peared before me at three-thirty o'clock P. M. on the fifth day of May, A. D. 1914, at the Worcester House of Correction, in the City and County of Worcester, and gave the foregoing deposition, to be used in an action now pending between E. B., Trustee in Bank- ruptcy of A. N. C, and A. R., before the United States District Court for the District of Maine; that prior to his examination the said deponent was duly sworn by me to testify the truth, the whole truth 1 Under R. S. of U. S. 863, 865 and Eq. Rules 54 and 47. Taken from files U. S. District term of New Hampshire. See form of petition for this supra No. 1221a, p. 1145. 1168 EQUITY FORMS and nothing but the truth relating to the cause for which said deposi- tion is taken; that both parties to the said action had an opportunity to examine the said deponent as in the statute provided; that the said deposition was reduced to writing hy L. H., a stenographer, duly sworn to correctly take down and transcribe said deposition; that it was carefully read to the said deponent, and was then subscribed by him; that the said deposition was taken at the request of the plaintiff in said action, the said deponent being duly summoned and in attendance, and that the defendant in said action was duly noti- fied of my intention to take said deposition by registered mail, the registry return receipt showing such notice being hereto attached, and was in attendance through his counsel, W. J., of Berlin, in the State of New Hampshire. Dated at Worcester, this twentieth day of May, A. D. 1914. Commissioner. Form No. 1239c OBDEB OBAlTCINa LBAV£ TO StTE B£CEXVEBS i (Title.) This cause comes for hearing upon the petition of A. Company for leave to sue the receivers heretofore appointed for the realty, chattels and choses in action within the jurisdiction of this Court, of the defendant A. P. & O. Corporation, said petitioner A. Company, appearing by Messrs. W. & C, its solicitors (P. N., of counsel), and the complainant, W. S., the defendant A. P. & O. Corporation and I. O. and A. C, Jr., receivers of said defendant, A. P. & O. Corpora- tion, consenting thereto, and the Court being sufficiently and fully advised in the premises, it is ORDERED, that said petition be granted and that said petitioner, A. Company, have leave to sue said receivers, to make such receiv- ers and each of them parties defendant in a suit or suits to be com- menced to foreclose or enforce otherwise the security of the mort- gage or deed of trust heretofore executed by the defendant, A. P. & O. Corporation, to said A. Company, as Trustee, dated July 1, 1913, and for such other and further relief as .the petitioner may be ad- vised is necessary and proper in said suit or suits. By the Court ( , J.), December 31, 1914. COKSENT (TitU.) We hereby consent to the making and entry, without notice, of the annexed order. Dated, December 29, 1914. {Signatures of Solicitors for Complainant, Solicitors for Defendant, and Solicitors for , as Beceivers of Defendant, A. P. 4" O. Corpo- ration.) 1' Taken from original on file in XJ. S. District Court of Rhode Island, FEDERAL FORMS FOR ORDERS 1169 Form No. 1239d OBDES TO riLE STATEMENT SHOWING EXTENT OF INFRINGEMENT (Title.) To the Defendant The Barber Asphalt Paving Company: The defendant company is hereby directed and required to make and file with the Master on or before March 1, 1917, a statement In writing which shall show the extent of the infringement by the defendant of claims 1, 2, 3, 6, 7, 8, and 9 of the patent of Byerly, No. 524,130, or any of them, and of the savings, profits, gains and advantages which the defendant has derived, received or made by reason of its infringement of said patent, and which shall be under the oath of the oflicer or ofiicers of the defendant having knowledge thereof, then under the oath of the employee or employees of the defendant who have such knowledge. Said statement shall include the following particulars: 1. The total amount of asphaltic products made in accordance with the process described in Claims 1, 3, 6, 7, 8, and 9, or any of them, by the said Byerly patent, or containing or embodying the In- vention described and claimed in Claims 2 of said patent, which have been made, sold or used by the defendant, or caused by It to be so made, sold or used since the first day of July, 1905, either at Maurer, New Jersey, Madison, Illinois, or elsewhere in the United States, together with the designation, or name applied to all such products; and, also as a separate Item, the total amount of all products made, sold or used, or caused to be made, sold or used, by the defendant, consisting of a mixture of the asphaltic products above described with other materials, together with the proportion of said asphaltic products contained in such mixture. 2. The names and addresses of all the persons, firms and corpora- tions to whom any of said products referred to In paragraph 1, have been sold, together with the amount of such products sold to each purchaser, and the date of each of such sales, specifying in each case the designation, or name under which said product was sold. 3. The price received on each such sale. 4. The total cost to the defendant of the production, per ton, ot the product sold in each such sale together with a specific statement of the Items going to make up such cost. 5. The total profit made by the defendant on all such manufac- ture, use and sales of said asphaltic products. (Signatwe). Form No. 1239e OSBEB ALLOWING AFFEAL AND FABTIAL SUFEBSEDEAS Hale, J. This cause came on for further hearing this tenth day of April, 1917, on petition of the defendant for appeal and super- sedeas, and It was thereupon ordered, adjudged and decreed that the appeal of the defendant from the order of this court entered on the twenty-seventh day of March, 1917, granting a preliminary Injunc- tion be allowed to the United States Court of Appeals for the First 1170 EQUITY FORMS Circuit; and that the said injunction shall, as to four Fourdrinler machines now and heretofore in operation at the defendant's mill at International Falls, Minnesota, be suspended until April 24, 1917. Cost bond of $250 to be given by defendant. The motion for a supersedeas Is denied. By the Court, Clerk. [L. S.] Form No. 1239f OBD£S AIiLOWINa APPEAX. Ordered, adjudged and decreed, that the appeal of the defendant from the order of this court entered on the twenty-seventh day of March, 1917, granting a preliminary injunction to he allowed to the United States Court of Appeals for the First Circuit; and that the said injunction shall, as to the four Fourdrinier machines now and heretofore in operation at the defendant's mill at International Falls, Minnesota, be suspended until April 24, 1917; cost bond of J 250 to be given by defendant. The motion for a supersedeas Is denied. By the Court, , Clerk, Form No. 1239g OBDEK FOR EEPEODTJCTION OF TESTIMONY IN EXACT WOBCS OF WITNESSES Hale, J. At the request of the appellants and in view of the na- ture and character of the testimony, it is hereby ordered that, in making up the record on appeal, the testimony shall be reproduced In the exact words of the witnesses. By the Court, Clerk. [L. S.] C. H. Approved : Fish, Richardson & Neave, of Counsel for Appellee. Form No. 1239h OBDEB OF NOTICE ON NON-RESIBENT TO APPEAR AND ANSWER 1 (Title.) Upon consideration of the application of the above named com- plainant, made to this Court through A. H., Esq., its counsel, andMt appearing that the Colonial Paper Company, the defendant herein, Is a corporation organized under the laws of the State and District of Maine, and that It is not an inhabitant of or found within the Dis- trict of New Hampshire, and that it has not voluntarll/ appeared 1 Taken from original on file in II. S. District Court of New Hamp shlra FEDERAL FORMS FOR ORDERS 1171 herein in this proceeding, and it appearing that there Is no officer of said corporation within the District of New Hampshire upon whom service of a subpoena in equity can be made, and it appearing rea- sonable and necessary so to do, the said Colonial Paper Company is hereby directed to appear, plead, answer or demur to the Bill of Complaint herein on or before the 14th day of December, 1914. It is further ordered that this order shall be served on the said Colonial Paper Company, wherever found, on or before the 23rd day of November, 1914. {Date and Signature.) Form No. 12391 OEDEE FOE PRELIMINAEY INJUNCTION ENJOININO INFEINGEMENT OF PATENT i (Title.) This case came on to be heard upon the motion for a preliminary Injunction filed in behalf of plaintiff and the affidavits filed in sup- port of said motion by plaintiff and in opposition to said motion by defendant, and was argued by counsel and considered by the court, and thereupon, upon consideration thereof, it is hereby ordered that a, writ of injunction issue out of and under the seal of this court on April 14, 1917, directed to the defendant, Minnesota & Ontario Power Company, enjoining and restraining the defendant, its officers, directors, attorneys, agents, servants, clerks and workmen, and each of them, pending a final determination of this cause, from making, using or selling machines embodying or operated according to the invention described in the Letters Patent to Eibel No. 845,224, and referred to in claims 1, 2 and 3 thereof, and from infringing said Let- ters Patent or the plaintiff's rights thereunder in any way what- soever. District Judge. Form of order approved. Fish, Richardson & Neave, Counsel for Plaintiff. A. C. Paul, Counsel for Defendant. Form No. 1239J OBDEB FOB ISSUANCE OF COMMISSION TO TAKE DEPOSITION (Caption.) Upon motion of the plaintiff, and after hearing counsel for both sides. It is ORDERED that a commission issue to the United States Con- sul at Paris, France, to take the deposition of A. Gaulin and other witnesses, as prayed for in the motion; That the plaintiff shall commence to take the depositions under this commission as soon as possible after the completion of the depo- sitions taken by the defendant upon the commission heretofore issued by this court, and that the plaintiff shall give the counsel for 1 Taken from original on file in U. S. District Court of Maine. 1172 EQUITY FORMS the defendant at his address In Paris due notice of the names and addresses of the witnesses to be examined and of the, times and places of taking the depositions; That said depositions shall be taken by means of oral examination with the right of oral cross-examination, and that the plaintiff shall have leave to take the testimony upon a typewriter or stenographic- ally by consent of counsel, and that, where necessary or advisable, there shall be two transcriptions of the testimony made during the taking thereof, one in English and the other in French; that where necessary the questions shall be translated to the witnesses in French and the answers translated into English, and that the ques- tions and answers so given in English and French shall be transcribed as above. It is further ORDERED that the testimony under the commission shall be taken before the United States Consul or Vice-Consul, or other officer, duly qualified by statute or the rules of this court to take depositions. {Signature). CHAPTER XLII FEDERAL FORMS FOR INTERLOCUTORY AND FINAL DECREES^ Form No. 1240 FORMAL PARTS BISTRICT COURT OF THE UNITED STATES. District of Division. A. B. 1 '"^ Equity. D. &X.Y.' N°- DECREE This cause came on to be heard (or to be further heard as the case may he) at this term (or on the day of 19. .,) and was argued by counsel; and thereupon, upon consideration thereof, it was ordered, adjudged and decreed as follows, viz.: (Here insert order or decree.) Dated this day of A. D. 19. .. District Judge. Form No. 1241 DECREE FRO CONFESSO s (Title.) It appearing that the bill in equity in the above cause was filed In this Court on the day of , 19. ., and that a subpoena was duly served on the defendant, C. D., on the day of 19.., and that no answer or other defense has been filed by the said defendant, and that an order was taken by the plaintiff on the day of , 19 . . , that the bill should be taken pro confesso, and that no proceedings have been taken by the said defendant since said order was entered; now, therefore, more than thirty days after the entry of said order to take said bill pro confesso having elapsed. It is ordered, adjudged and decreed (insert decree). Dated 19... District Judge. Form No. 1242 DECREE APPOINTING MASTERS (Title.) This case coming on to be heard upon the application of the peti- tioner to refer the Issues both of law and fact to a master for his in- 7 See Equity Rule 71. 8 See Equity Rule 17. Taken from files in U. S. District Court of Massachusetts. 1173 1174 ^ EQUITY FORMS vestigation and decision and it appearing to the Court that said cause is at issue and that a written consent of reference is on file therein, and exceptional conditions existing therefor, it is therefore ordered, adjudged and decreed that said cause with its pleadings, evidence and exhibits, be referred to J. G. P., Esq., as special master to hear and determine the issues of law and fact arising in said cause, his decision on said issues of fact to be final; and it is further ordered, adjudged and decreed that said J. G. P. shall report his conclusions of law and fact and his judgment thereon to this Court and the same shall be filed to wait the further action of this Court. By the Court. , Clerk. Form No. 1243 DECREE GEANTING PEELIMINABY INJXJNCTION AND APPOINT- ING TEMPOEAEY EECEIVEE lo (Title.) The above entitled cause came on to be heard this day upon the plaintiff's bill and application for preliminary injunction and temporary receiver, and was supported by proofs and argued by counsel, and whereas it appears that sufficient cause exists for the Issuance of a preliminary injunction and the appointment of a temporary receiver, now, therefore, in consideration of the premises, it is Ordered, adjudged and decreed: 1. That a writ of injunction issue forthwith against the defendant company, restraining said corporation, its officers or agents, from receiving any money, paying any debts, selling or transferring any assets of said corporation, or disposing of any moneys of said cor- poration for any purpose whatsoever, or exercising any of its privi- leges or franchises until further order of this Court. 2. That upon giving bond in the sum of dollars, running to the clerk of this Court, with surety or sureties approved by him, conditioned for the faithful performance of his duties as such receiver , of in the county of and state of , be and hereby is appointed receiver of the defendant company, and that he be and hereby is authorized to demand, collect and receive all of said property, assets and moneys of said corporation wherever found or situated, whether in this or foreign jurisdiction, and to hold the same in his possession, custody or control until further order of this Court. 3. That all officers, agents and attorneys of the defendant company shall forthwith deliver to said receiver all the real and personal prop- erty of said company of whatsoever name or nature, together with all evidences of title thereto, and also all money, notes, drafts, bills of exchange, checks or other evidences of indebtedness due to said com- pany, together with all the books, accounts, vouchers, receipts and papers of every nature belonging to said company or appurtenant to its business, which are in their possession or subject to their control, and that they refrain in all respects from in any way interfering or 10 Above form is one taken from the files of the author and em- ployed by him in his practice. FEDERAL FORMS FOR DECREES 1175 attempting to interfere with or hindering said receiver in his possession or control of said properties, or in the performance of his duties. 4. That said receiver is hereby further authorized to apply for and as soon as possible to obtain the appointment of himself or some suitable person as ancillary receiver in any other state, country or jurisdiction where the same may be necessary or desirable, so that said ancillary receiver may pay in, collect and reduce to possession any assets or property of the defendant company situated or found on deposit, or payable or collectible within the limits of any such foreign country or jurisdiction, and that said receiver he and hereby is author- ized to appoint and constitute some suitable person as his lawful agent to act for and represent him in such jurisdiction pursuant to his direction and control. 5. Said receiver is hereby further authorized to institute, defend or intervene in suits or proceedings at law or in equity whenever he may consider it necessary or desirable so to do, for the purpose of accomplishing and carrying into effect any of the purposes of his re- ceivership as set forth in this decree. 6. That said receiver as soon as possible obtain the necessary in- formation, prepare, and submit to the Court for its consideration an inventory of the assets and liabilities of said defendant company. Said receiver is not to sell or dispose of any of said assets or property of said company without being first duly empowered and authorized so to do by order of this Court. 7. That all moneys received by said receiver for the benefit of said defendant company shall be deposited in some responsible banking institution, but no disbursement of said funds shall be made by said receiver without further order of Court. 8. That upon receipt of assets by said receiver to an amount or value exceeding dollars, or upon the obtaining by him of a judgment or decree in his favor in any suit or proceeding at law or in equity for the collection of moneys to an amount exceeding said sum of dollars, or for the possession of property of an estimated value exceeding said sum, said receiver shall forthwith apply to this Court for an order directing the amount of his bond to be increased to such an amount as may be deemed by the Court to be sufficient and appropriate under the circumstances then existing. 9. And said receiver is hereby further authorized to do all things which may be incidentally necessary or convenient for the purpose of carrying into effect the objects of his receivership as hereinbefore set forth, including the employment of competent counsel and attorneys in this or other jurisdictions; and he is hereby required to keep a careful account of all moneys received and expenses incurred by him in the premises and to make report to this Court from time to time of his doings in the premises; and said receiver has leave to apply to this Court at any time hereafter for such further orders or directions as may be necessary. Dated this day of A. D. 19. .. , District Judge. 1176 EQUITY FORMS Fonn No. 1244 OATH OF EECEIVEB (Title.) I, J. S., having been duly appointed receiver of ttie Com- pany, defendant in the above entitled cause, and having duly qualified as such by giving bond as required by my decree of appointment, do solemnly swear that I will faithfully and impartially perform the duties of said office and obey all the orders and decrees of Court in the premises. State of .) BS. I Subscribed and sworn to before me this day of A. D. 19... Notary Public. Form No. 1245 DECREE APPOINTING TEMPORARY RECEIVERS " (Title.) And now, on this 24th day of June, 1914, this cause came on to be heard upon the bill of complaint duly filed herein and the answer of the defendant above named consenting to this decree, and after due deliberation, it is, upon motion of the solicitor for the complainant. Ordered, adjudged and decreed that the defendant, though appear- ing to have assets of large value, is now unable to meet its matured and immediately maturing obligations and will continue for a con- siderable time to be unable to meet such matured and maturing obliga- tions or any substantial portion thereof, and it is Further ordered, adjudged and decreed that the complainant is entitled to the relief herein granted and that the complainant has no adequate remedy save through the granting of this decree and that it is necessary for the protection and preservation of the respective rights and equities of the complainant and all other creditors of the defendant that the property and business of the defendant be preserved and ad- ministered in this suit through receivers to be appointed by this Court and that it is necessary that receivers of the defendant and its property should be appointed forthwith and with the powers herein granted, and it is Further ordered, adjudged and decreed that J. B. M., of and F. A. J., of be appointed temporary receivers until the date of the meeting hereinafter set forth, of all the realty, chattels and choses in action of the above named defendant, and that they be directed forthwith to take possession of said realty, chattels and choses in action upon filing their several bonds to the United States of Amer- ica, duly approved in this Court in the sum of $500,000 each and that they keep safely the said realty, chattels and choses in action, make an inventory and collect the said choses in action, and deliver all the same according to the lawful order of this Court; and it is 11 Taken from the original bill on file in the U. S. District Court for the Southern District of New York, in case of Eames vs. H. B. Claflin Co. See bill. Form No. 1107, ante, p. 981. FEDERAL FORMS FOR DECREES -1177 Further ordered, adjudged and decreed, that the said receivers not later than ten days from the date hereof, from the best available sources prepare a list of the names and addresses of all the creditors of the aforesaid defendant and send to each a copy of the notice ap- pended to this order, the time of meeting fixed in said notice to be not less than ten days after mailing; and that at the time and place fixed in said notice the receivers attend and preside at the meeting of cred- itors and inform them, so far as they know, regarding the estate of the said defendant, and it is Further ordered, adjudged and decreed, that the said defendant and any persons acting under its direction, shall upon presentation of a certified copy of this order deliver to the receivers all realty, chattels or choses in action in their possession or under their control; and that all persons, including sheriffs and marshals, are enjoined from in any wise disturbing the possession of the receivers and from prosecuting any actions or suits which affect the property of said defendant, and it is Further ordered, adjudged and decreed, that until the further order of this Court the said receivers be and they hereby are authorized forthwith to take and to have complete and exclusive control, possession and custody of all the assets and property of the defendant, and all persons, firms and corporations, including the defendant, their ofiScers, agents and servants, shall forthwith deliver to said receivers all prop- erties of every nature and description and wheresoever located of the defendant, and it is Further ordered, adjudged and decreed, that the said receivers be and they hereby are authorized to continue, manage and operate the business of the defendants, until the further order of this Court, with full authority to carry on, manage and operate the said business, to buy and sell merchandise, supplies or stock in trade for cash or on credit and as may be deemed advisable by said receivers, and it is , Further ordered, adjudged and decreed, that the said receivers be and they hereby are authorized in their discretion to employ such man- agers, agents, employees, servants, accountants, attorneys and counsel as may in their judgment be advisable or necessary in the management, conduct, control or custody of the affairs of the defendant and of the assets thereof, and that said receivers be and they hereby are author- ized to make such payments and disbursements as may be needful or proper for the preservation of the properties of the defendant, including the authority to make payments of debts entitled to priority, and it is Further ordered, adjudged and decreed, that said receivers be and they hereby are authorized to receive and collect the rents, incomes and profits of any of the properties of the defendant, whether the same are now due or shall hereafter become due and payable, and said re- ceivers be and they hereby are authorized to do such things, enter into such agreements, employ such agents in connection with the manage- ment, care and preservation of the properties of the defendant as they may deem advisable, and are authorized to incur such expenses and make such disbursements as may in their judgment be advisable or necessary in connection with the care, preservation and maintenance of the properties of the defendant, and it is Further ordered, adjudged and decreed, that said receivers be and 1178 EQUITY FORMS they hereby are authorized and empowered to institute, prosecute and defend, compromise, adjust, intervene in or become parties to such suits, actions, proceedings at law or in equity, including ancillary pro- ceedings in state or federal courts, as may in their judgment be neces- sary or proper for the protection, maintenance and preservation of the assets of the defendant or the carrying out of the terms of this decree, and likewise to defend, compromise or adjust or otherwise dispose of any or all suits, actions or proceedings instituted against them as re- ceivers or against the defendant and also to appear in and conduct the prosecution or defense of any suit or adjust or compromise any actions or proceedings now pending in any Court by or against the defendant where such prosecution, defense or other disposition of such suits, actions or proceedings will in the judgment of said receivers be ad- visable or proper for the protection of the properties of the defendant. Dated 19... United States District Judge. Form No. 1246 DECREE APPOINTING ANCILLAEY EECEIVEK 12 (Title.) This cause coming on to be heard upon the ancillary bill of com- plaint and upon the answer of defendant thereto this day filed and upon motion for the appointment of an ancillary receiver herein as prayed for in the ancillary bill of complaint, and the same having been argued by counsel and assented to by the respondent and con- sidered by the Court, it is thereupon ordered, adjudged and decreed as follows: 1. That the prayer of the ancillary bill for the appointment of an ancillary receiver in this cause be and the same is hereby granted. 2. That this Court take ancillary jurisdiction with the District Court of the United States for the northern district of Ohio in said cause now pending in said Court wherein C. and C. National Bank of Chi- cago is complainant, and The S. G. Company is defendant. 3. That the said order made by the District Court of the United States for the northern district of Ohio and dated January 14, 1913, sustaining the application of the complainant for a receiver and ap- pointing H. B. P. as receiver of all the property of The S, G. Com^ pany with certain powers and under certain instructions, be and the same is hereby ratified, approved and confirmed and said H. B. P. be and he is hereby appointed ancillary receiver of all the property and assets of The S. G. Company, and he is hereby vested with the same powers, rights and privileges as are conferred by said order of the said District Court of the United States, for the northern district of Ohio, dated January 14, 1913, over all of the property of whatever kind and nature owned by The S. G. Company, as is or may come within this district and within the jurisdiction of this Court, and each and every officer, director, agent and employee of the said The S. G. Com- pany and all other persons are hereby required and commanded forth- with upon demand of said receiver to turn over and deliver to said 12 Taken from the original on file in U. S. District Court of Massa- chusetts. See also bill. Form No. 1137, ante, p. i049. FEDERAL FORMS FOR DECREES 1179 receiver, or his duly authorized agent, any and all books of accounts, papers, vouchers, property or assets of whatever kind and description and wherever found within the jurisdiction of this Court. 4. Said receiver is required within seven days from the date of this order to file with the clerk of this Court a proper bond with surety, to be approved by this Court, in the penal sum of twelve thousand dol- lars, conditioned for the faithful discharge of his duties and to account for all funds coming into his hands, according to the order of this Court, reserving the right to order the giving of additional bonds when deemed essential for the protection of the rights of the parties con- cerned. 5. It is further ordered and decreed, that the complainant cause to be filed In this Court certified copies of all orders of a general nature in any way affecting the property situated within the jurisdiction of this Court which may be made by the District Court of the United States for the northern district of Ohio, in said primary cause pend- ing in said Court for the information of this Court, and all persons, who may be interested in said cause; and the said defendant, its oflScers, directors, agents and all other persons claiming under it, are each and all of them hereby enjoined and restrained from interfering with and disposing of the property or assets of The S. G. Company or any part thereof and from interfering with the said ancillary receiver in the possession, management or control of the same. It is further ordered, that the clerk of this Court ent«r on the minutes of the Court a copy of the said order of the said District Court of the United States for the northern district of Ohio, dated January 14, 1913, immediately following the entry of this order and decree. Dated 19... United States District Judge. Form No. 1247 OBDEB OF NOTICE ON PETITION OF BECEIVEB i2a (Title.) All creditors of the S. G. Company, and all other persons therein interested, are hereby notified to appear before said Court sitting at Boston on July 7, 1913, at eleven o'clock A. M., to show cause, if any they have, why the petition of H. B. P., ancillary receiver of the S. G. Company, filed on July 1, 1913, praying among other things that he may be allowed to sell as a whole the property of the S. G. Company, particularly the property in this jurisdiction, and to account for the proceeds of the sale and for any other sums that may come into his hands in a single accounting in the District Court of the United States for the northern district of Ohio, should not be granted. And the said ancillary receiver is directed to give notice of this order by publishing a copy hereof once in the Boston Daily Advertiser on or before July 5, 1913, and by mailing forthwith a copy of said order to each known creditor of the S. G. Company in Massachusetts. A true copy: By the Court, Attest: Clerk. Deputy Clerk. i2» See petition Form No. 1206, ante, p. 1133. 1180 EQUITY FORMS CDmmonwealth of Massachusetts. Suffolk, ss. I, J. B. S., being duly sworn, on oath depose and say that I served the foregoing order of notice as therein ordered, by causing a copy thereof to be published in the Boston Daily Advertiser on July 2, 1913, and by mailing postage prepaid, on July 1, 1913, a copy of said order to each known creditor of the S. G. Company in Massachusetts, to-wit, to thirteen creditors whose names and addresses have previously been furnished to us by the said receiver. Subscribed and sworn before me this 2nd day of July, 1913. , Justice of the Peace. Form No. 1248 INTEELOCiXJTOEY DECREE FOR THE PEOOF OF CLAIMS i2b (Title.) This cause came on to be heard at this sitting on the application of the ancillary receiver that the Court limit the time within which the creditors within the district of Massachusetts may present and make proof of their respective claims against the corporation, and barring all creditors within the district of Massachusetts failing so to do within the time limited from participating in the distribution of the assets of the corporation, and thereupon, upon consideration thereof, it was and is Ordered, adjudged and decreed that all creditors of the S. G. Company within the district of Massachusetts shall present and make proof to H. B. P., ancillary receiver, care of B. D. & N., 161 Devonshire street, Boston, Massachusetts, of their respective claims against said corporation on or before April 14, 1913, and that all creditors and claimants within said district failing so to do within the time limited shall be barred from participating in the distribution of the assets of the corporation within said district, and it is Further ordered, adjudged and decreed that said ancillary receiver shall give notice of this decree by registered letter to all creditors of said corporation within the said district of Massachusetts the addresses of whom he shall have, and shall also publish in a newspaper in general circulation in the city of Boston within said district, once a week for three weeks, a copy of this decree. By the Court, Clerk. Form No. 1249 DECBEE APPOINTING EECEIVER OF A RAILROAD " (.Title.) This cause came on to be heard, and after hearing counsel, and the defendant consenting thereto, and it appearing that it Is necessary for the protection and preservation of the respective rights and equities izbSee petition. Form No. 1210, ante, p. 1137; affidavit. Form No. 1211, ante, p. 1138. 13 Taken from the original on file in the U. S. District Court of Maine. See bill. Form No. 1108, ante, p. 985. FEDERAL FORMS FOR DECREES 1181 of the complainant and all other creditors of the defendant, that the property and business of the defendant be preserved and administered in this suit through a receiver to be appointed by this Court, and that it is necessary that a receiver of the defendant and its property should be appointed forthwith and with the powers herein granted, it is after consideration hereby Ordered, adjudged and decreed that of Dedham, in the commonwealth of Massachusetts, be and he hereby is appointed re- ceiver of this Court of the said defendant, Brazil Railway Company, and of all and singular the railroads, lands, franchises, concessions, rights, claims, interests, property and assets of the said defendant of every name and nature and wheresoever situated, whether in the state of Maine or elsewhere in the United States of America, or in the republic of Brazil or other foreign countries, and he is hereby author- ized forthwith to take possession thereof, and to preserve, manage, operate and use the same wherever situated and found, and to conduct and carry on the operation of the railroad system and other business and properties of the defendant in such manner and to such extent as in his judgment is necessary and desirable, and to exercise all authority, franchises and privileges of the defendant. The said receiver is authorized and directed to collect all moneys and other properties due and to become due to the said Brazil Railway Company; to institute and prosecute in any jurisdiction such suits in his own name, as receiver, or in the name of the company or otherwise, as he may be advised, or as may be now pending in behalf of the company, and to defend In any jurisdiction such suits as may be brought against him and those now pending or hereafter brought against the defendant, which affect or may affect the property, rights and franchises of which he is or may become a receiver. The said receiver is also authorized and is hereby given full power and authority, in his discretion, to appoint and employ such agents, attorneys, oflBcers, managers and employees as shall be necessary to aid him In the proper discharge of his duties within and without the United States. In view of the geographical distribution of the properties of the defendant, and the great distances between its offices and its properties, the receiver is hereby authorized to give adequate powers of attorney for the institution or defense of actions and proceedings In law or in equity, the execution of documents and instruments, and for the special or general management of the businesses, rights, franchises and prop- erties of the defendant in the several countries wherein the same are situated, for the representation of the company and said receiver in any foreign country and for the maintenance and performance of or taking any action in relation to any existing leases, concessions, con- tracts and franchises. The receiver is further authorized and directed to apply to any other Court or Courts in this circuit or any other circuit in the United States, and to any foreign Court or Courts and to any governmental authority soever for ancillary orders, decrees or judgments to assist him in the exercise of his powers and in the dis- charge of his duties. The receiver is expressly empowered to enjoy and exercise any rights or privileges of the defendant as a stockholder, creditor or ,1182 EQUITY FOKMS security holder of any other corporation, and to exercise any rights with which the defendant has heen vested or has exercised or is en- titled to in connection with the control or mEinagement under con- cession, franchise, decree, lease, working agreement, power of attorney, or otherwise, of other corporations or their property or business; and also but without limitation of the foregoing powers, to represent the said company under and in respect of the several deeds of trust, mort- gages and pledges by it created; and it is Further ordered, adjudged and decreed, that the defendant, and all persons, firms, and corporations, in possession of any of the property of the defendant, forthwith deliver the same to the receiver, or to his representatives or agents, including any and all books of account, vouchers, papers, deeds, leases, bills, notes, certificates of stock, bonds, accounts, moneys or other property in their hands or under their con- trol; but he may, in his judgment, allow any of the same to remain in their present custody and places subject to his order and direction; and the said defendant, and the ofllcers, directors, agents, attorneys and employees thereof, and all other persons, firms and corporations whatsoever, in whatsoever country situated, located or domiciled, are hereby restrained and enjoined from interfering with, attaching, levy- ing upon, seizing or in any other manner whatsoever disturbing any portion of the properties, rights and franchises of the defendant, or taking possession thereof, or in any manner interfering with the same, or any part thereof, without the consent of the receiver, and from in- terfering in any manner or preventing the discharge by said receiver of his duties, or his operation and management of said properties and premises under 'the order of this Court; and it is Further ordered, adjudged and decreed, that out of the moneys coming into his hands, the receiver is authorized to pay (1) all cur- rent expenses incident to the creation or administration of his trust and to the operating of said railroads and properties; (2) taxes and other charges on the property; (3) such amounts as may be necessary for the purpose of protecting any of the property of the defendant from forfeiture or sale under concessions, franchises, leases, pledges, mort- gages or contracts; (4) payments of claims that he may be advised are entitled to priority under the laws of any jurisdiction where the property of the defendant may be situated; and (5) liabilities for sup- plies and labor accrued within three months prior to the date hereof. The receiver shall have power, in his discretion, to advance or loan moneys or in other ways give financial assistance to any corporation in which the defendant is directly or indirectly interested as a stock- holder or creditor, if in his judgment such action by him is necessary in the protection of the interest of the defendant in such corporation or its property, or otherwise, for the protection of the business and property of the defendant. The receiver is authorized to call in the name of the company, or in his own name, as receiver, any meeting of any creditors, bondholders or noteholders of the defendant, whether held under the provisions of any trust deed or otherwise. The receiver shall have power to redeem any or all securities of or belonging to the defendant pledged as security on loans of money, in cases where in his judgment an equity shall exist in respect of the collateral to such loan or the redemption of the same is advisable for the preservation FEDERAL FORMS FOR DECREES 1183 and protection of the trust estate or any part thereof; and shall have power to borrow money (and give as security therefor any securities redeemed as aforesaid or otherwise coming into his hands) if needful in his judgment for such purpose, or for any other purpose for which he is authorized to expend moneys; but for no other purpose without the further order of the Court. Said receiver is hereby ordered and required to open and keep proper books of account of all moneys re- ceived and disbursed by him; and it is Further ordered, adjudged and decreed, that the said receiver shall retain possession and continue to discharge the duties and trusts aforesaid until the further order of this Court in the premises, and that he shall from time to time apply to this Court for such other and further order and direction as he may deem necessary and requisite to the due administration of said trust. And the said receiver is vested in addition to the powers aforesaid with all the general powers of receivers in cases of this kind, subject to the direction of this Court; and it is Further ordered, adjudged and decreed, that within five days from the date of this order, the said receiver shall execute and file with the clerk of this Court a bond with one or more sureties, approved by the Court, in the penal sum of one hundred thousand ($100,000) dollars conditioned for the faithful discharge of his duties, and to account for all funds coming into his hands, and to abide by and perform all things which he shall be directed by the Court to do. Dated, Portland, Maine, October 13, 1914. , U. S. District Judge. Form No. 1250 DECREE AUTHORIZING RECEIVER TO SELL ASSETS AT PRI- VATE SALE 13a (Title.) This cause came on to be heard on this day upon the petition of the receiver for leave to sell the assets of the N. E. Mfg. Company at private sale according to an offer made to the receiver and was argued by counsel and it appearing that the said offer is as good as can be obtained and that the amount therein offered to be paid for the assets is a fair cash price for the same and that it is for the best interests of the creditors that the said sale should be made and it further ap- pearing that due notice had been given to all known creditors and persons interested according to the order of notice duly entered upon said petition and no one appearing and objecting to the said sale, there- upon upon consideration it is Ordered, adjudged and decreed that the receiver be and he hereby is authorized and directed to sell all the property, assets and good- will of the said N. E. Mfg. Company free and clear of all liens and incumbrances at private sale according to the terms of the said offer and to accept and receive in payment therefor the sum of twenty thousand dollars ($20,000) in cash. The receiver is further authorized and directed to execute and de- laa Taken from the original on file in the U. S. District Court of Khode Island. See petition. Form No. 1207, ante, p. 1134. 1184 EQUITY FOEMS liver all deeds, instruments, assignments and transfers necessary and proper to transfer full title free and clear of all incumbrances in and to all the property, assets and good will of the said N. E. Mfg. Com- pany and all liens, debts and claims against the said property, assets and goodwill of every name, nature and description be and are hereby transferred to the fund consisting of the purchase price to be paid into the hands of the receiver upon the consummation of the said sale. The receiver is further authorized and directed to receive and hold the sum of twenty thousand dollars ($20,000) for the payment of expenses and for distribution to the creditors of the above named com- pany in accordance with further orders and decrees of this Court; and in the event that the receiver is unable to carry out any of the provisions of this decree he is authorized and directed to apply for such other and further instructions and orders in the premises as justice may require. By the Court ( J.) July 8, 1913. Clerk. Enter July 8, 1913, J. Form No. 1251 DECREE CONFIBMING BECEIVEB'S SALEi« (Title.) This cause came on to be heard at this term upon the recelver'si report of sale and petition for confirmation thereof, and the same having been presented to the Court by counsel for the receiver, and it appearing to the satisfaction of the Court that notice of said sale was duly given in accordance with an order of this Court entered Janu- ary 20, 1913, and it further appearing to the Court from the said report of T. P. K., receiver, that he did on the 20th day of February, 1913, at Woburn, in the county of Middlesex and commonwealth of Massachu- setts, expose for sale all and singular the premises and property men- tioned in a decree of this Court entered January 20, 1913, and that the said premises and property were purchased by J. E. W. at and for the price of twenty thousand dollars ($20,000), subject, however, as recited in the said decree under which said sale was made, to certain liens and claims and to all and singular the terms and conditions in said decree set forth, and it further appearing that said purchaser has de- posited with said T. P. K., receiver, the sum of one thousand dollars ($1,000) by certified check upon the Boylston National Bank, a na- tional bank in the city of Boston, Massachusetts, as provided in said decree, and it being shown to the satisfaction of the Court that the statements In the report of said receiver of said premises and property are true, and no objections being made to the confirmation of said report, it is now Ordered, adjudged and decreed that the said report of said receiver be and the same is in all respects confirmed, and that the sale made by him on said 20th day of February, 1913, to said J. E. W. of all and singular the premises and property of the S. & W. Company as de- 1* Taken from original on file in XT. S. District Court of Massa- chusetts. FEDERAL FORMS FOR DECREES 1185 scribed in and by the decree on the receiver's petition for instructions as to sale of assets entered in this cause on the 20th day of January, 1913, and for the sum of twenty thousand dollars ($20,000) by said J. E. W. bid, be and the same is in all things ratified, approved, con- firmed and made absolute; subject, however, to all outstanding mort- gages of record, unpaid taxes or any other liens or encumbrances whatever, and to any unpaid compensation which shall be allowed by the Court to the receiver, any unpaid indebtedness, obligations or liabilities of the receiver, and to all and singular the conditions of purchase as recited in said decree. And it is further Ordered, adjudged and decreed that upon said J. E. W. or his assigns, as the holder or holders of claims of creditors of the defendant company which he has or they have and which have been allowed by this Court, to the total amount of not less than $44,221 after deducting the dividend of ten (10) per cent heretofore paid on said claims de- livering to the receiver herein waivers by said purchaser or his assigns of such dividends as may be decreed by this Court as payable on such claims which he has or they have if no waiver of such dividends be made, and upon the payment in cash of the sum of $7,948, or the secur- ing the payment of the same to the satisfaction of this Court, the re- ceiver herein shall sign, seal, execute, acknowledge and deliver a deed or deeds of conveyance to said J. E. "W. or to the persons or corpora- tions to whom he may assign his rights of all and singular the premises and property so sold as aforesaid; that the defendant, S. & W. Com- pany, shall join in said deed or deeds of said receiver or execute and deliver separate conveyances of any right, title or interest it may have in said premises and property on demand of said J. E. W., or of his assigns, and that in default of such deed or deeds by any of the parties thereto this decree shall have the force and effect of such deeds con- veying all its or their interests in said premises and property so sold as aforesaid. And it is further Ordered, adjudged and decreed that the hereinbefore referred to waivers of dividends by said purchaser or his assigns shall be received as the evidence of the payment of the amount of such dividends by said purchaser or his assigns to the receiver, and as a full discharge of all liability of the receiver of the defendant company to said pur- chaser or to any other person in respect to each of such claims. And it is further Ordered, adjudged and decreed that upon the delivery to the said J. E. W., or his successors or assigns, of said deed or deeds of con- veyance, the grantee therein shall fully possess and be vested with the said premises and property so sold and conveyed as the absolute owner thereof; that upon the delivery of said deed or deeds the receiver or any party to this cause having possession of said premises and property so sold shall deliver to said grantee or grantees all property embraced in said deed or deeds, excepting only cash in the possession of the receiver. Said delivery of possession shall be subject to the provisions herein and in said decree entered January 20, 1913, set forth. It is further Ordered, adjudged and decreed that the delivery of said deed or deeds of conveyance of the possession of said premises and property so sold as aforesaid shall be subject to the right of the Court to require 1186 EQUITY FORMS suet further payment or payments to be made in cash on account of said purchase price bid, in order to meet the claims which under said decrees entered January 20, 1913, are or may become payable out of the proceeds of sale or otherwise as the Court may from time to time direct, whether in order to pay and satisfy any unpaid compensation which shall be allowed by the Court to the receiver and any unpaid indebted- ness, obligations or liabilities which shall have been duly contracted or incurred by the receiver before delivery of possession of the prop- erty sold, except such as shall be paid and satisfied out of the income of the property in the hands of the receiver or out of the other assets or proceeds of assets in the receiver's hands, or otherwise; and the Court reserves the right, in case said J. E. W., or his assigns, shall fail or neglect to make any payment in cash on account of, or to secure the payment, to the satisfaction of the Court, of any unpaid balance of the purchase price within thirty days after the entry of an order requiring such payment and service of a copy of said order upon said purchaser, his successors or assigns, to retake and resell the premises and property so sold as aforesaid, and jurisdiction of this cause is retained for this purpose. Dated 19... By the Court, Clerk. We consent to the entry of this decree. Form No. 1252 DECBEE ALLOWING RECEIVER'S THIRD REPORT AND ORDER- ING A PARTIAL DISTRIBUTION w {Title.) This cause came on to be heard on this day upon the receiver's third report and his prayers for the allowance thereof and for an order for a partial distribution of the assets of the above named corporation and was argued by counsel and C. E. B., E. F. B. and F. A. D., creditors, appearing by counsel and assenting and other creditors not objecting thereto, thereupon, upon consideration it is Ordered, adjudged and decreed: 1. That the sale of the property and assets of the above named company by the receiver in accordance with the decrees duly entered by this Court and by the District Court of the United States for the District of Rhode Island and the receiver's compromise of the claim of the W.-T. Co. be and the same hereby are approved and confirmed. 2. That the receiver's third report and the payments shown on his third account on schedule C thereof be allowed to the amount of $3,508.04. 3. That the receiver be allowed for his expenses and the services of counsel in this cause and as a partial payment on account of com- pensation for his own services as receiver therein rendered, the sum of $1,769.38 set out in said third account on Schedule H thereof; and 15 Taken from original on file in U. S. District Court of Massa- chusetts. FEDERAL FORMS FOR DECREES 1187 that he be authorized and directed to pay out the said amount out of the funds belonging to the estate of the above named company in his hands. 4. That the receiver be further authorized and directed to make payment of the items set forth in his said third account on Schedule G thereof to the amount of |181.60 out of the funds belonging to the estate of the above named company in his hands. 5. That the claim of E. L. W. referred to in paragraph 4 of the receiver's third report be and it hereby is allowed against the estate of the above named company and the same be and hereby is allowed as a preferred claim, entitled to payment in full. 6. That the receiver be and he hereby is authorized and directed to make a partial distribution of the assets of the said company by paying in full all preferred claims proved and allowed against the estate of the above named company and by paying a dividend of 10 per cent on all other claims proved and allowed against the said estate out of the funds belonging to the said estate in his hands. 7. That the receiver be and he hereby is authorized and directed to pay out of the dividend payable to E. F. B. under the terms hereof upon his claim for $46,483.03, to F. A. D., |2,200 and the balance of said dividend to the said E. L. W., trustee. 8. That the receiver be and he hereby is authorized and directed to withhold and retain in the general fund belonging to the estate of the above named company from the dividend payable to C. E. B. under the terms hereof the sum of $285.71. 9. That the receiver be and he hereby is authorized and directed to hold and retain the balance of the assets of the above named com- pany, remaining after the payment of the items and dividends herein allowed and ordered to be paid, subject to the further orders and de- crees of this Court. 10. That the receiver be and he is hereby authorized and directed to make the checks drawn by him in payment of the dividend which he is herein authorized and directed to pay, payable to the order of the respective creditors or their attorneys of record. Dated ,19... By the Court, , Clerk. Form No. 1253 DECREE AX7TH0EIZING ISSUANCE OP RECEIVER'S CERTIFICATES lo (Title.) Upon the foregoing petition of W. E. L., receiver of the property of the defendant company, duly appointed by this Court in the above en- titled cause, it appearing that the allegations of the petition are true and that the said defendant company has an existing contract for the completion of the Chelsea North bridge, so called, with the city of Boston, which it will be. advantageous to carry out and that said re- 16 Adapted from original on file in U. S. District Court of Massa- chusetts. See petition. Form No. 1208, ante, p. 1135. 1188 EQUITY FORMS ceiver has no funds in his hands with which to carry out the same or to discharge the duties imposed upon him by the decree appointing him as such receiver, it is hereby Ordered, that said W. E. L., as such receiver, be and hereby is authorized to issue receiver's certificates in the form hereto annexed, to an amount not exceeding the aggregate sum of twenty thousand ($20,000) dollars, said certificates to be for the sum of one thousand ($1,000) dollars each, marked respectively from one to twenty (1 to 20), both inclusive (or if preferred say, said certificates to be issued in such denominations and at such times as said receiver may find neces- sary), such certificates to be payable in two (2) years from their date with the option of prior payment at par and accrued interest on thirty days' previous notice to the holder thereof at any time after six months from their date, and to bear interest at the rate of six per cent per annum and to be a first lien upon all the property of the de- fendant company in the hands ~of said receiver and prior to all other existing liens and incumbrances created by or placed upon said property by said defendant, and said receiver is authorized to negotiate and sell said certificates from time to time as he shall find necessary at a price not less than par and accrued interest and to use the proceeds thereof for the purpose of carrying out the contract of the defendant company with the city of Boston for the construction of the Chelsea North bridge, so called, and of discharging the duties imposed upon him by the decree of this Court appointing him as such receiver. Dated this day of A. D. 19. .. (Signature.) Form No. 1254 RECEIVER'S CERTIFICATE Certificate No This is to certify that I, W. E. L., receiver of the property of the G. T. R. Company, duly appointed as such receiver by decree of the United States District Court for the District of on the day of 1914, in the case of A. B. vs. G. T. R. Company in equity, pending in said Court, and thereafter duly qualified as such receiver by giving bond as required by said decree of appointment, am indebted to the bearer in the sum of one thousand dollars ($1,000) which I, the said W. B. L., as such receiver, or my successor in said office, promise, as such receiver and not individually, to pay to the hearer in two years from the date hereof with interest at the rate of six per cent (6%) per annum, at the office of Trust Company at in the state of upon presentation thereof at the office of said company, both the principal and interest hereon being payable only out of the property of said G. T. R. Company or the pro- ceeds or income thereof now or hereafter to come into my hands as such receiver, or the hands of my successor or successors in office; provided, however, that it is further understood and agreed that this certificate may be paid at any time after the expiration of six months and before the expiration of said period of two years from the date hereof at my option or that of my successor or successors in office, by depositing with said Trust Company the amount of this certificate, to- FEDERAL FORMS FOR DECREES 1189 gether with interest thereon at the rate of six per cent (6%) per annum from the date hereof to the date of said deposit, thirty days' notice of such intended payment having first been given to the holders of same. This certificate is issued by me pursuant to an order of said District Court made and entered on the day of , 1914, and is one of a series of twenty certificates of like tenor and effect numbered consecutively from one to twenty, both inclusive, and is issued in the suit of A. B. vs. G. T. R. Company in equity pending in said Court. All and every of said twenty certificates of indebtedness issued under said order are equally secured without preference of one over the other by and in the manner set forth in said order and constitute a first lien upon all of the property of the said G. T. R. Company in my hands and custody as such receiver or which may hereafter come into my hands and custody or that of my successor or successors in office, and prior to all other existing liens and incumbrances, if any, created by or put upon said property by said company. It is further understood and agreed that I or my successor or suc- cessors in oflice may so far as the holder of this certificate is concerned sell and dispose of as free and clear any property held or claimed by me or my successor in office as the property of said G. T. R. Company in the carrying on of the business heretofore carried on by said com- pany or in the administration of its said estate; the lien of the holder of this certificate to be transferred in such case to the proceeds thereof. This certificate and all rights hereunder shall be transferable by delivery thereof. In witness whereof I, the said "W. E. L., as receiver of said G. T. R. Company, pursuant to said order of said Court, have hereunto set my hand this day of A. D. 1914. , Receiver of G. T. R. Company. Form No. 1255 FINAL DECREE WITH PERMANENT INJUNCTION" (Title.) This cause came on to be further heard upon the report of the masters and for a final decree, and after hearing arguments of coun- sel, it is Ordered: (1) That the respondents' exceptions to the master's report be over- ruled; and their requests for rulings of law and motion for final decree be denied. (2) That the respondents. The J. Company and N. M. Company, their and each of their agents, attorneys, and representatives, be and they are hereby strictly restrained and enjoined from carrying out and from doing any act or thing directed toward carrying out any sale, conveyance or delivery of the property, franchises and good will of said respondent, The J. Company, under the votes heretofore passed by said corporation. (3) In the event of this decree being sustained by the Court of 17 Taken from original on file in U. S. District Court of New Hampshire. 1190 ^ EQUITY FOEMS Appeals the injunction herein to be dissolved if before conveyance and within two calendar months after decision therein the respondents, or some of them, shall pay to the complainants herein, or their agents, attorneys or assigns, or shall secure to said complainants or their as- signs by such security and in such form as shall be satisfactory to them or approved by the Court, the payment of the sum of three thou- sand two hundred twenty-eight dollars and thirteen cents ($3,228.13) for each and every share of stock held by said complainants, as here- inafter set out, said amount having been adjudged and determined as the fair value of such shares. (Give list of shareholders and nurnber of shares held iy each.) Said shares to be surrendered to the re- spondent, The J. Company, or on its order upon payment being made or security furnished therefor as above set out. (4) That the said complainants are entitled to recover of the re- spondents costs taxed in the sum of and that execution issue in favor of the complainants therefor. Dated 19... By the Court, Clerk. Form No. 1256 DECREE OF REVIVAL w (Title.) This cause came on to be heard on the motion of J. H. W., admin- istrator of estate of J. H. W., and upon agreement of the parties it is ordered aijd decreed that the above suit be revived and that the said J. H. W., administrator, be substituted as party plaintiff for the original plaintiff, J. H. W., and that all proceedings and orders and matters of every kind in this suit up to the present time shall stand in this re- vived suit with the same force and effect as In the original suit had not the said J. H. W. died. Dated 19... By the Court, , Clerk. Form No. 1257 CONSENT DECREE ON BILL IN NATURE OP A BILL OF REVIEW 19 (Title.) This cause came on to he heard, upon bill and answer, and there- upon, upon consideration thereof, and both parties consenting thereto, it is ordered, adjudged and decreed that the final decree, and the order pro confesso entered in the case of C. P. T., complainant, vs. Q. M. C. S. & W. Company, referred to in the bill of complaint in this cause, he vacated, and the injunction therein issued be dissolved, and that the said Q. M. C. S. & W. Company may have thirty days from the date 18 Taken from the files in TJ. S. District Court of Massachusetts. 18 Taken from the files of the U. S. District Court, District of Massa- chusetts, in case of Qulncy Market Cold Storage & Warehouse Com- pany vs. Turner. See bill. Form No. 1139, ante, p. 1053. FEDEEAL FORMS FOR DECREES 1191 of the entry of this decree in which to demur, plead, or answer to the bill of complaint in the case referred to as aforesaid, a copy of such demurrer, plea, or answer to be promptly furnished to the solicitor for the said C. P. T. Dated , 19... By the Court, , Clerk. Form No. 1258 DECREE FOR DEFICIENCY UNDER BILL FOR FORECLOSURE 20 (Title.) This cause came on to be heard on the day of 19 . . , on the bill, answer and proofs. And it appearing that on the) sale of the property of said A. B. Co., In accordance with the decree of this Court, filed 19. ., the moneys arising from said sale are insufficient to pay the costs and expenses and fees, and allowances made by the said decree, and the amount due on principal and interest of said mortgage debt and that there remains due on the same the sum of dollars, it is Ordered, adjudged and decreed that the defendant, the said A. B. Co., is personally liable for, and shall pay to the plaintiff, the amount of said deficiency of dollars, and the said plaintiff shall have execution therefor. Dated this day of A. D. 19 . . . , District Judge. Form No. 1259 FINAL DECREE ON EXCEPTIONS TO MASTER'S REPORT 21 (Title.) This cause came on to be heard at this term, upon exceptions of both parties to the master's report filed therein, and was argued by counsel, and thereupon, upon consideration thereof, it was ordered, adjudged and decreed as follows, viz.: That the exceptions of the petitioner to the master's report num- bered 1, 2, 3 and 13, respectively, be overruled. That the exceptions of the petitioner to the master's report num- bered i, 5, 6, 9, 10, 11 and 12, respectively, be sustained. That the exceptions of the petitioner numbered 7, 8, and 14 remain undisposed of, because, in view of the other rulings, it is unnecessary to consider them. That the exceptions of the respondents to the master's report num- bered 1 and 2, respectively, be overruled. That out of the fund of $14,849.24 held by the respondents as stake- holders, the petitioner recover $12,732.45, and the respondents recover 20 See Seattle L. S. & B. Ry. Co. vs. Union Trust Co., 79 Fed. 179. Equity Rule 10. Northwestern Mutual Life Insurance Company vs. Keith, 77 Fed. 374. It would appear that a deficiency decree may be made 'a part of the decree ordering a sale, or it may be entered as a supplemental decree on its appearing that there is a deficiency. 21 Taken from files in U. S. District Court of Massachusetts. 1192 EQUITY FORMS $2,116.79, any increment accrued to said fund on account of interest to be apportioned. That tlie petitioner recover liis costs. Dated , 19 . . . {Signature.) Form No. 1260 FINAL DECREE ON BILL AND CROSS BILLS 22 (Title.) A bill of complaint having been filed in the above entitled matter by F. P. M., receiver of the Continental Telephone and Telegraph Com- pany, and answers and cross bills having been filed on behalf of the defendants, A. S. H., B. M. W., W. S. D. and M. K., and appearances having been entered for J. F. M. and M. Bros. Company and the At- lantic National Bank; and the matters in dispute having been settled between the parties by virtue of an order of the Court of Chancery made in the case of "G. E. H., complainant, and the Continental Tele- phone and Telegraph Company" in the Court of Chancery of New Jersey, upon the 1st day of November, 1913, in the presence of N. B. V., solicitor for the complainant; T. R. M., solicitor for W. S. D. ; C. W., solicitor for B. M. W. and for M. K. and for J. F. M. and for the M. Bros. Company; and upon due notice to C. M. D., administrator of the estate of A. S. H. substituted in the place and stead of the said A. S. H., pro se; It is on this 16th day of December, nineteen hundred and thirteen, ordered, adjudged and decreed that the complainant's bill of complaint be and the same is hereby dismissed as against all of the defendants; and that the defendants recover costs against said receiver as com- plainant as upon a discontinuance by the said receiver; and that the injunction is hereby vacated and dissolved. And it is further ordered, adjudged and decreed that the title to all of the M. Bros. Company stock mentioned and referred to in the com- plainant's bill of complaint and claimed in the defendants' cross bills is in the defendants, W. S. D., B. M. W. and C. M. D., as the adminis- trator of the estate of A. S. H. and the estate of said A. S. H., accord- ing to their respective interests free of and clear of all liens, claims and demands of the Continental Telephone and Telegraph Company or its receiver, or both; and that the defendants recover costs against the said receiver, as upon a discontinuance by the said receiver. And it is further ordered, adjudged and decreed that so much of the cross bills as pray any other relief than as heretofore granted be dis- missed. ( Signature. ) Form No. 1261 FINAL DECREE DISIVHSSING RESTRAINING ORDER AND GIVING FULL EFFECT TO FORECLOSURE PROCEEDINGS 23 (Title.) This cause came on to be heard on the day of A. D. 19 . . , on bill, answer, and exceptions to the master's re- 22 Taken from original on file in XJ. S. District Court of Massa- chusetts. 23 Taken from original on file in U. S. District Court of Maine, in case of Gage vs. Gammage. See bill, Form No. 1091, ante, p. 949. FEDERAL FORMS FOR DECREES 1193 port, and was argued by counsel; and thereupon, upon consideration thereof, it was ordered, adjudged and decreed that the report of the master be confirmed and that the bill of complaint be dismissed with costs to be taxed by the clerk in favor of the defendant, and that execu- tion issue for the same, and that the restraining order granted the plaintifE restraining the defendant, or persons claiming to 9,ct under his authority, direction, or control, from proceeding with foreclosure proceedings or any interference with the property described in said bill of complaint, or from transferring, assigning, or conveying the notes and mortgages described in said bill of complaint, be dissolved. And the defendant is hereby declared to be entitled, for the purpose of completing and effecting foreclosure proceedings on said property, to count the entire period of time that has elapsed since the final pub- lication of notice of foreclosure by him. Dated this day of A. D. 19 . . . , District Judge. Form No. 1262 DECREE DISSOLVING INJUNCTION (Title.) The above entitled cause came on to be heard this day upon motion of defendant to dissolve the temporary injunction heretofore granted in said cause, and evidence was introduced in support of said motion and in opposition thereto, and the same was argued by counsel, and now upon consideration thereof, it is hereby Ordered, adjudged and decreed that said temporary injunction be and hereby is vacated and dissolved. Dated 19... (Signature.) Form No. 1263 CONSENT DECREE DECLARING PLAINTIFF OWNER OF COPY- RIGHT AND FIXING DAMAGE 21 (Title.) This cause having come on to be heard in accordance with the stipulation between the parties to this suit, it is ordered, adjudged and decreed, by the Court as follows, to-wit: That the allegations of the bill are by reason of the consent of the defendants confessed to be true and that the plaintiff is the owner of the copyright granted to R. McN. & Co., for the "Historical Calendar, Leif Ericson Discovers America," dated August 7, 1912, Class A, XXC 318506. That the defendants, their agents, servants or employees and each of them hereby is restrained and enjoined from printing, reprint- ing, publishing, copying, vending any calendars or other publications containing or following the illustrations copied from the plaintiff's calendar: "Leif Ericson Discovers America," "Driving the Golden Spike on the Union Pacific Railway." 2* Taken from the original bill on file in U. S. District Court, North- ern Division of Illinois, Eastern Division. See bill, Form No. 1131, ante, p. 1041, 1194 EQUITY FORMS That the gains and profits made by the defendants by reason of the infringement of plaintiff's copyright and the damage caused to the plaintiff thereby amounts to the sum of $300, together with the plain- tiff's costs, and disbursements to be taxed: That the said defendants have paid said sum, which payment by the said defendants constitutes satisfaction in full for all claims and demands of the plaintiff against the defendants for infringement of the said copyright by said defendants. Dated ,19... (Signature.) Form No. 1264 FINAL DECREE ENJOINING INFRINGEMENT OF TEADE MAEK 25 (Title.) This cause came on to be heard after the filing of the bill and answer, and was considered by the Court, and thereupon on motion of the plaintiffs, the defendant consenting thereto, it is ordered, ad- Judged and decreed as follows: First. That the defendant, the C.-C. Company, its officers, agents, servants and representatives, be and it and they hereby are forthwith strictly enjoined from manufacturing, or causing to be manufactured, selling, offering for sale, or in any way distributing or placing on the market any cravats, or any silks, or any goods of any kind manu- factured wholly or partly of silk, or sold or represented as silk goods, stamped, marked or branded with the words "Cheever Silks," in any form whatsoever ; and also from manufacturing, or causing to be manu- factured, selling, offering for sale, or in any way distributing or placing on the market any woven seamless tubular silk cravats, or partly of silk, or made in imitation of silk (not including knitted ties of any kind) or, for the period of three years from the date hereof, any cravats made up from piece goods but resembling in style and appearance the woven seamless tubular silk cravats heretofore manufactured by the plaintiff, with the brand or name "Cheever Cravats" printed or stamped upon the cravats themselves, or with any other brand printed or stamped upon the cravats themselves, fae distinguishing word of which is the name "Cheever," or any other name idem sonans, or closely resembling in sound or appearance the name "Cheney." Second. That costs shall not be awarded to either tarty. Dated ,19... By the Court, Clerk. Form No. 1264a DECEEE APPOINTING ANCILLAET EECEIVEE i This cause coming on to be heard upon the bill of complaint of N. W., and the answer of the defendant, E. B. & V. Company, and solicitor for complainant, moving that a receiver be appointed for 25 Taken from original on file in U. S. District Court of Massa- chusetts. See bill, Form No. 1124, ante, p. 1019. 1 Taken from the files of U. S. District Court of New Hampshire. For biU on which this decree was rendered see Form No. 1139d. ante p. 1065. FEDERAL FORMS FOR DECREES 1195 the defendant corporation, in accordance with the prayer of said bill, and the defendant appearing and consenting to such appoint- ment, and the court having considered the matter; and it further appearing to the court that on the 26th day of May, 1914, B. P., of Buffalo, New York, and W. S., of Buffalo, New York, were appointed receivers for the defendant, E. B. & V. Company, in a suit then pend- ing in the United States District Court for the Western District of New York, in which N. W. was complainant and E. B. & V. Company are defendants, and that true copies of the bill and answer in said cause, and of the order entered therein appointing said receivers, have been filed therein, and the Court being fully advised in the premises, It is ordered and decred that B. P. and W. S. of the City of Buffalo, New York, be and they are hereby appointed receivers of said E. B. ,& V. Company, a corporation, and all its property and assets of every kind and description within the jurisdiction of this court, with full power to demand, sue for, collect and receive, and take into their possession, all the goods and chattels, rights and cred- its, moneys and effects, lands and tenemeijts, books, papers, choses in action, bills, notes and property of every and any description be- longing to said E. B. & V. Company, at this time, or to which it may be entitled, and to sell and cpnvey or assign, any and all of the real and personal estate of said corporation, and to hold all moneys and securities for money arising from such sale, which they shall collect or receive by virtue of said office, subject to the order of Court; and the said receivers hereby appointed shall be, and hereby are, further vested as to all of the property and assets of said corporation within the jurisdiction of this Court, with all and the same rights, powers and duties as were conferred or imposed upon the receivers of said defendant company, in and by the order under which receivers were appointed by said United States District Court for the Western Dis- trict of New York, and are hereby vested with all the usual rights and powers, and made subject to all the usual duties of the receivers in such case. And it is further ordered that the receivers be and are hereby authorized and directed until the further order of this court, to continue the business of said defendant company without interrup- tion, and to fulfill its contracts (other than the payment of indebt- edness of said defendant) made by said defendant, or the receivers thereof, until the further order of the Court in the premises; and to pay out all moneys coming into their hands from time to time as such receivers for the necessary supplies for the purposes aforesaid, or for the rental of premises used in said business, and to employ and pay all needful agents and servants, and generally to do all acts and things proper and necessary to be done to protect the prop- erty and assets, of which they are hereby appointed receivers, and to continue the business as herein ordered, with leave to apply from time to time, whenever they may desire, for instructions touching all or singular their rights, powers and duties in the premises. Said receivers are hereby further required within five days from this date to file with the Clerk of this Court a proper bond, the surety to be approved by this Court in the penal sum of twenty thou- 1196 EQUITY FORMS sand dollars ($20,000), conditioned for the faithful discharge of their duties, and to account for all moneys coming into their hands as such receivers. And it is further ordered that all persons whomsoever, be and they hereby are restrained from in any manner obstructing or inter- fering with the possession or management of any part of said prop- erty, and the assets over which said receivers are hereby appointed, and from doing any act or thing to prevent the discharge by said re- ceivers of their duties, or the operation of said property, and assets under the order of this Court. (Signature.) Form Kg. 1264b DECBEE ESTABUSHINa VALIDITY OF PATENT, DEOLAEINQ INFEINGEMENT AND COMPLETING ACCOUNTING OF PEOFITS (Caption.) This cause came on to be heard upon the pleadings and proofs for the respective parties, and having been argued and considered by the Court, and after due proceedings had, be it, and it hereby is or- dered, adjudged and decreed: First. That Letters Patent of the United States No. 524,130, issued August 7, 1894, to Francis X. Byerly, was up to August 7, 1911, the date of expiration of said patent, good and valid in law as to claims 1, 2, 3, 6, 7, 8, and 9 thereof, and that the said Byerly was the first, original and sole inventor of the improvements de- scribed and claimed therein. Second. That the complainant, as executor of the last will and testament of the said Francis X. Byerly, as trustee under said will, and in behalf of himself individually, was prior to the date of expira- tion of said patent, and at the date of expiration of said patent, the sole and exclusive owner of said patent, and of all claims for profits and damages arising on account of infringement of said patent, and that said complainant now is the sole and exclusive owner of all such claims, and of all rights arising by virtue of said patent. Third. That the defendant. The Barber Asphalt Paving Company, has infringed upon the aforesaid patent by making, using and sell- ing the product described in the said patent, and more particularly referred to in claim 2 thereof, and by employing the process des- cribed in said patent and more particularly referred to in claims 1, 3, 6, 7, 8, and 9 thereof, prior to the expiration of said patent. Fourth. That the complainant do recover of the defendant The Barber Asphalt Paving Company, all savings, profits, gains and advantages which the defendant has derived, received or made by reason of its aforesaid Infringements of said Letters Patent, and also any and all damages which the said Francis X. Byerly or the com- plainant has sustained by reason of said infringement, and that the cause be referred to a Master of this Court to be appointed, to take and state the account of said savings, gains, profits and advantages which the defendant has derived, received or made by reason of its infringement of said patent, and the damages which the said Francis X. Byerly, or the complainant, has sustained by reason of said FEDERAL POEMS FOR DECREES 1197 infringement, and to report thereon to the Court, with all convenient speed; and that the said defendant, its officers, directors, attorneys, agents, clerks, servants and workmen are hereby directed and re- quired to attend before said Master from time to time as required, and to produce before him such books, papers, vouchers and docu- ments, and to submit to such examination as said Master may require. Fifth. That the complainant recover of the defendant herein, its costs and disbursements of this suit to be taxed and have execution therefor. By the court, Form No. 1264c BECBES CONFIEMING SALE J (Title.) This cause coming on this day to be heard upon the petition of W. S., ancillary receiver, and upon all of the papers and proceed- ings herein. It is ordered, adjudged and decreed, 1. That the order and decree of the United States District Court for the "Western District of New York, dated March 20th, 1915, attached to said petition of W. S., as ancillary receiver, and all proceedings for said United States District Court for the Western District of New York, authorizing and directing the sale of said property and the said stipulation be ratified in all respects and ap- proved and confirmed by this court. 2. That W. S., as ancillary receiver deposit forthwith with this court the sum of $5,500, by depositing the same in the registry of this Court. 3. That S. L. be and he hereby is ordered and directed to present his claim against this defendant within twenty days from the service of this decree, and the said receiver herein is authorized and directed to reply thereto within twenty days after the service of said claim, and that the said S. L. and the said ancillary receivers be and they hereby are directed to attend a hearing on the said claim at the time and place hereinafter fixed by this court. 4. That upon the determination of the rights of said S. L., the said ancillary receivers herein be and hereby are authorized and directed to prepare their final report to this court, and file the same herein for such a distribution thereof as this court may direct. Dated this day of , 1915. By the Court, , Clerk. Form No. 1264d DECBEE AFTEE IIANDATE ESTAEUSHING VALIDITY OF PAT- ENT AND INFBINGEMENT THEEEOF AND COMPELL- ING ACCOUNTING OF PEOFITS BEFOBE MASTEB AND ISSUING PEEPETUAL INJUNCTION (Caption.) This case having come on to be heard on the filing of the mandate of the United States Circuit Court of Appeals for the First Circuit, 1 Taken from the file of U. S. District Court of New Hampshire. For petition on which this decree was rendered see Form No. 1221c, ante, p. 1146. 1198 EQUITY FORMS affirming so much of the decree of the Circuit Court as relates to patent No. 800,916, and reversing that part of said decree which relates to patent No. 789,597, and remanding the case to the Circuit Court for further proceedings not inconsistent with the opinion of the said United States Circuit Court of Appeals with costs in said Court of Appeals to the General Electric Company, now upon con- sideration thereof. It is ordered, adjudged and decreed that the Letters Patent re- ferred to in the complainant's bill granted unto Edward M. Hewlett and William L. R. Emmet, assignors to General Electric Company, No. 800,916, dated October 3, 1905, is a good and valid patent as to the 1st, 2nd, 4th and 8th claims thereof; that said Hewlett and Em- met were jointly the original and first inventors of the improvements described in said Letters Patent and set forth in said claims; that the complainants. General Electric Company, is the true and lawful owner of said Letters Patent; and that the defendants, Frank O. Hartman and R. W. Hartman have infringed the said claims of said Letters Patent and upon the exclusive rights of the complainant un- der the same. It is further ordered, adjudged and decreed that the Letters Patent referred to in the complainant's bill, granted unto William L. R. Emmet and Edward M. Hewlett, assignors to General Electric Company, No. 789,597, dated May 9, 1905, is a good and valid pat- ent as to claims 1, 5, 6, 7, 8, 9, 10 and 14 thereof; that said Emmet and Hewlett were jointly the original and first inventors of the im- provements described in said Letters Patent No. 789,597, and set forth in said claims; that the complainant. General Electric Com- pany, Is the true and lawful owner of said Letters Patent No. 789,- 597; and that the defendants, Frank O. Hartman and R. W. Hart-^ man, have infringed the said claims of said Letters Patent No. 789,- 597, and upon the exclusive rights of the complainant under the same. It is further ordered, adjudged and decreed that the complainant recover of the defendants the profits which they have received or made, or which have accrued to them from their infringement by the manufacture, use or sale of the improvements described and secured by said Letters Patent No. 789,597 and referred to in the afore-mentioned claims of said Letters Patent at any and all times since the third day of October, 1905, and in addition thereto the damage which complainant has sustained thereby. And this cause is hereby referred to as Master of this court to take and state the accounts of said profits and to assess said damages and to report thereon to the court. And the defend- ants are hereby directed and required to attend before said Master from time to time as required and to produce before him such books, papers and documents as relate to the matter at issue and to sub- mit to such oral examination as the Master may require. And It appearing to the court that the complainant has waived an accounting of profits and damages resulting from the infringe- ment of said Letters Patent No. 800,916, It is ordered, adjudged and decreed that complainant recover no FEDERAL FORMS FOR DECREES 1199 profits or damages from the defendants resulting from the infringe- ment of said Letters Patent No. 800,916, It is furtlier ordered, adjudged and decreed that the bill of com- plaint be dismissed as to Letters Patent No. 714,436, granted to the General Electric Comipany, November 25, 1902, as assignee of Charles C. Badeau. It is further ordered, adjudged and decreed that the complain- ant recover of the defendants its costs in the United States Circuit Court of Appeals for the First Circuit as taxed by the mandates, $304.28, and in addition thereto the sum of as costs in this court. It is further ordered, adjudged and decreed that a perpetual in- junction be issued out of and under the seal of this court against the said defendant, Frank O. Hartman and R. W. Hartman, according to the prayer of the bill, strictly enjoining and restraining them, their clerks, attorneys, agents, servants and workmen from directly or indirectly making, constructing, selling or using any switches con- taining or employing the inventions described and patented as claims 1, 2, 4, and 8 of said Letters Patent No. 800,916, or in claims 1, 5, 6, 7, 8, 9, 10 and 14 of said Letters Patent No. 789,597, or in any of said claims of either of said Letters Patent. ^Signature.) Form No. 1264e DECEEE AFTER MANDATE VACATING PREVIOUS DECREE (^Caption.) A decree having been entered by this court on September 13, 1915, dismissing the bill of complaint In the above-entitled cause, from which decree the plaintiff appealed to the United States Circuit ' Court of Appeals for the Second Circuit, and the mandate of said United States Circuit Court of Appeals for the Second Circuit having issued and been recorded in this court, whereby said decree is re- versed with costs in said Court of Appeals taxed at the sum of $562.95 and the cause is remanded to this court with directions to enter a decree vacating said decree of September 13, 1915, and hold- ing the Eibel patent in suit No. 845,224 owned by the plaintiff, valid and infringed by the defendants as to claims 1, 2 and 3 thereof, not passing upon the other claims of said patent, ordering an injunc- tion against said defendants and each of them, ordering that the plaintiff recover from the defendants and each of them profits and damages and for an accounting, and for further proceedings in ac- cordance with the law and in conformity with the opinion of said Court of Appeals with costs to plaintiff, and said cause having been considered by the court upon the coming down of said mandate, be it, and it hereby is, ordered, adjudged and decreed: First. That said decree entered by this court on September 13, 1915, be and the same is hereby vacated. Second. That Letters Patent of the United States to William Eibel No. 845,224, issued on February 26, 1907, is a good and valid patent as to claims 1 and 3 thereof, and that the said Eibel was the first, original and sole inventor of the inventions described and claimed therein. 1200 EQUITY FORMS Third. That the plaintiff, Eibel Process Company, is the sole and exclusive owner of said patent. Fourth. That the defendants and each of them have infringed upon the aforesaid patent by making and using the inventions de- scribed in said patent in claims 1, 2 and 3 thereof. Fifth. That a writ of perpetual Injunction issue out of and under the seal of this court directed to the said defendants, Remington- Martin Company and Remington Paper & Power Company, Inc., and each of them, their oflScers, directors, attorneys, agents, clerks, servants and workmen, perpetually enjoining and restraining them and each of them from making, using or selling machines embody- ing or operated according to the inventions described in said patent claims 1, 2 and 3 thereof, and from infringing said Letters Patent or the plaintiff's rights thereunder in any way whatsoever. Sixth. That the plaintiff recover of the defendants and each of them all the savings, profits, gains and advantages which the said defendants and each of them have derived, received or made since the twenty-sixth day of February, 1907, by reason of their aforesaid infringement of said Letters Patent, and also any and all damages which the plaintiff has sustained by reason of said infringement since the twenty-sixth day of February, 1907, and that the case be referred to Charles W. Higginson of XJtica, N. Y., a master of this court appointed hereby for the purpose of taking and stating an account of said savings, gains, profits and advantages which the said defendants and each of them have derived, received or made by reason of their infringement of said patent, and to assess the dam- ages which the plaintiff has sustained by reason of said infringement and to report thereon to the court with all convenient speed; and the said defendants and each of them, their officers, directors, attor- neys, agents, clerks, servants and workmen, are hereby directed and required to attend before said master from time to time as required and to produce before him such books, papers, vouchers and docu- ments and to submit to such examination as said master may require. Seventh. That the plaintiff recover of the defendants its costs in the United States Circuit Court of Appeals taxed at the sum of J562.95 and that execution issue therefor. Eighth. That the plaintiff recover of the defendants its costs in this court, to be taxed, and that execution issue therefor. By the Court, District Judge. May 22, 1916. Form No. 1264f DECREE FOR FORECLOSURE OF TRUST MORTGAGE (Title.) Now on this 11th day of November, 1914, came the Old Colony Trust Company, complainant, and thereupon came on for hearing upon the bill of complaint, exhibits and affidavits on behalf of the complainant, the motion of the said Old Colony Trust Company for the appointment of a receiver, and the same having been presented by counsel and considered by the Court, and it appearing to the FEDERAL FORMS FOR DECREES 1201 Court that by an order of the District Court of the United States for the District of Maine entered on the 31st day of October, 1914, T. L. of Portsmouth, New Hampshire, was duly appointed receiver of the property of the Colonial Paper Company and that the jurisdiction vested in this Court is ancillary to the primary jurisdiction vested in the said District Court of the United States for the District of Maine, it is now hereby Ordered that T. L. of Portsmouth, New Hampshire, be and he is hereby appointed ancillary receiver of all the real estate, manufac- turing plants, machinery, rights of way and other rights and prop- erty, real and personal, of whatsoever kind or description, of the defendant. Colonial Paper Company, situated within the jurisdiction of this Court, referred to in the bill of complaint, including without restricting the generality of the foregoing all and singular the ma- chinery, materials, warehouses, plants, shops, docks, wharves, rail- road tracks, offices, buildings, structures, supplies, coal, wood in process of manufacture or otherwise, paper and other movable or personal property, moneys, securities or shares of stock in other corporations, contracts, choses in action, accounts and notes, to- gether with all books of account, records and other books, papers and accounts, cash in bank on deposit or on hand, money, debts, credits, stock, bonds, securities, deeds, leases, contracts, muniments of title, bills receivable, rents, issues, profits, and income accruing and to accrue and all other assets of every kind. And it is further Ordered that the said receiver be and he hereby is authorized immediately to take possession of the said property, and is further authorized, in his discretion, to conduct, manage and operate the business and property of the said defendant. Colonial Paper Com- pany, or any part thereof, wherever situated or found, in such man- ner as will in his judgment produce the most satisfactory results, and to exercise the authority and franchises of said Company and to dis- charge its several duties and to preserve and protect the said prop- erty in proper condition and repair and to protect the title and pos- session of the same and in his discretion to employ and discharge and fix the compensation of all oflicers, attorneys and managers, superintendents, agents and employees, and to make such payments and disbursements as may be needful in so doing. And it is further Ordered that the said receiver be and he hereby is authorized to collect accounts, choses in action, rents, incomes, tolls and profits heretofore or hereafter arising from the said business and property, or any part thereof, and all other moneys owing to the said defend- ant, and shall have power to borrow money if needful in his judg- ment in order to comply with all the foregoing directions and, so far as may be needful, to pay for current necessities for labor and supplies employed or purchased by him subsequent to his appoint- ment and for no other purpose without the further order of this Court. And it is further Ordered that the said receiver be and he is hereby authorized and empowered in his discretion to institute and prosecute all such suits as may be necessary in his judgment for the proper protection of the property and trusts hereby vested in him, and likewise to defend all 1202 EQUITY FORMS such actions instituted against him as such receiver, and also to conduct the prosecution or defense of any suit now pending in any court by or against the said Colonial Paper Company, the prosecu- tion or defense of which will in the judgment of said receiver be necessary for the proper protection of the property placed in his charge or the interests and rights of the parties Interested therein. And it is further Ordered that the said receiver be and he hereby is authorized to procure and cause to be discounted at any bank in Boston or New York all notes, bills and trade paper now or hereafter received by him as receiver so far as may be needfjil to borrow money to pay for current necessities for labor and supplies employed or purchased by him subsequent to his appointment and for no other purposes without the further order of this court, and that the said receiver may for that purpose endorse the said notes, bills and trade paper and indemnify such banks from loss in discounting the same and may from time to time renew the same as may be necessary. And it is further Ordered that all sums so borrowed by the said receiver shall con- stitute an obligation incidental to the receivership herein. And it is further Ordered that said receiver be and he is hereby authorized and directed to open books of account wherein shall be stated the earn- ings, receipts, expenses and disbursements of the said trusts and to preserve all proper vouchers for all payments by him made on ac- count thereof and to keep such accounts as may be necessary to show the source from which the revenue shall be derived. And it is further Ordered that out of the money that shall come into the hands of the said receiver from the operation of said business or otherwise he shall First. Pay all current expenses incurred after his appointment in- cident to the creation or administration of this trust and to the oper- ation of plants and works and carrying on the business of the de- fendant. Colonial Paper Company. Second. Pay all amounts now due from the defendant company for taxes upon its property, or any part thereof. Third. Until otherwise ordered, in his discretion, pay all loss and damage claims arising from the operation of said property while in his custody as receiver which in the judgment of said receiver upon examination are proper to be paid as part of the expenses of opera- tion. And it is further Ordered, as this proceeding is ancillary to one in Maine and as the receiver appointed here Is the same as the one in Maine and has furnished a twenty-five thousand dollar bond there, he may stand as ancillary receiver here without bonds unless hereafter otherwise ordered. And it is further Ordered that each and every one of the officers, directors, agents, or employees of said defendant company, and all persons and cor- porations are hereby required and commanded to turn over and de- liver to the said receiver or his duly constituted representatives, any and all property, real or personal, books of account, vouchers, deeds. FEDERAL FORMS FOR DECREES 1203 lands, contracts, bills, notes, accounts, moneys, stocks, bonds or ob- ligations or other property whatsoever in in his or their control and each and every of such officers, directors, agents, employees, per- sons or corporations are hereby commanded and required to comply and conform to such orders as may be given to them from time to time by the said receiver or his duly constituted representatives in conducting the operations of said property and in discharging his duties as such receiver. And it is further Ordered that the said defendant, its several agents, officers and servants and all other persons, be and the same are hereby com- manded and enjoined during the pendency of this suit from inter- fering with, transferring, selling or disposing of any property of the said defendant company or from taking possession of or in any way interfering in any manner whatever with the possession or man- agement of any part of the said business and property over which such receiver is hereby appointed, or in Interfering in any manner to prevent the discharge of his duties or the operation of the said property under the order of the court. It is further Ordered that said receiver be and he hereby is authorized to lease any portion of said Company's property from month to month, or to continue any existing leases or tenancies thereof from month to month. And it is further Ordered that out of the funds from time to time coming into his hands in the operation of such property the said receiver shall pay all claims for labor done and supplies furnished upon the order of the defendant within two months prior to the date of this order, which said labor was performed and which said supplies were fur- nished and were necessary for the operation and maintenance of the mortgaged premises. And it is further Ordered that bondholders holding collateral security desiring to share in the assets administered under this receivership shall not dispose of such collateral security without the order of the Court first had, application for which shall be made upon due notice to such receiver. And it is further Ordered that any party in interest may apply to/this court for further direction with reference to the property and business afore- said. {Signature.) CHAPTER XLHI FEDEEAL FORMS FOE MASTEES' AND RECEIVEES' EEPOETS Form No. 1265 FOBMAI. FABTS (.Title.) Pursuant to order of Court in the above entitled cause, dated the day of , A. D. 19. ., by which said cause was referred to the undersigned, as Special Master to take the evidence upon the issues presented by the pleadings, and report to the Court his findings of fact and conclusions of law thereon, and upon application of the plaintiff {or defendant), I assigned the day of A. D. 19 . . , at , in the city of , as the time and place for a hearing before me and at the request of the plaintiff (or defendant) I issued a summons to the adverse party, C. D., to appear before me at said time and place, and offer such proofs as they desired of the mat- ters referred to me by said order (or, if the parties attended by stipula- tion without summons, so state), at which time and place said parties appeared by their respective attorneys of record and a hearing was had (state the adjourned hearings, if any) and evidence introduced, and upon consideration thereof, I find as follows: (Here set forth first the findings of fact in distinct paragraphs numbered seriatim, followed by the conclusions of law, under separate heading, in paragraphs num- bered in like manner. See Equity Rule 61.) Dated this day of , A. D. 19. .. Special Master. Form No. 1266 MASTER'S REPORT OF PROFITS IN PATENT CASE i (Title.) In pursuance of the order of Court made in the above entitled cause on the day of , 19 . . , by which said cause was referred to the undersigned to ascertain, take, and state and report to the Court an account of the gains and profits which the defendant has received, or which have arisen or accrued to him from infringing the exclusive rights of the complainants by the manufacture, use and sale of the improvements patented in the letters patent upon which this suit was brought, and also in addition to said profits to assess the damages which the complainants have sustained by reason of said infringement, and to report thereon to the Court. 1 See Equity Rule 61. 1204 FEDERAL FORMS FOR REPORTS 1205 I, the master to whom the matter was ref erret"., do report that I have been attended by the counsel for the complainants and counsel for the defendant, and have taken and examined the' testimony offered on the part of the plaintiff and defendant and do find that the gains and profits have been proven to have been received by, or to have arisen or accrued to the defendant, from the manufacture, use or sale of the improvements patented in the letters patent, set forth and de- scribed in the order of reference in this cause. In the sum of dollars, and that damages in addition to said profits have been proven to have been sustained by the complainants by reason of said infringement. All of which is respectfully submitted. Dated 19. .. Master. Form No. 1267 MASTER'S REPOET UPON RECEIVER'S PETITIONS (Title.) The petitioner is receiver of the M. H. Corporation, duly appointed in these proceedings by the Circuit Court of the United States for the District of Massachusetts by decree dated September 13, 1910. He brings this petition to recover as property in the hands of the re- spondents, B. Brothers & Company, as depositaries certain funds which he claims represent the proceeds of leather to which he is entitled as receiver. The M. H. Corporation was engaged in the business of importing and selling hides and skins. Its importations were financed by B. Brothers & Company and by other bankers. The practice with regard to importations through B. Brothers & Company was as follows: I find the facts with regard to as follows: The petitioner requested me to find as follows: These requests I refused. The petitioner also requested me to find that This request I refused. As bearing on the question whether B. Brothers & Company, etc. I find as follows: The petitioner asks me to find and I so find. Questions of Law. I respectfully report for the consideration of the Court the follow- ing questions of law, together with my rulings thereon. 1. Whether the form A trust receipts are valid as a matter of law as against the receiver. I ruled that they are valid. The argument of the petitioner is (Then follows a discussion of the law with citations of authorities.) 2. Whether I ruled 3. Whether 1 ruled 2 Adapted from original on file in U. S. District Court of Massa- chusetts. 1206 EQUITY FORMS I am of opinion and upon the foregoing facts I rule that The petitioner presented certain requests for rulings of law which together with my rulings are as follows: 1 A preliminary draft of the foregoing report was duly submitted to the parties and a hearing was had thereon. Thereafter, on October 3, 1913, I settled the final draft of my report and notified the parties to file objections thereto within five days. In accordance with that notice the following objections were filed: By counsel for the receiver: 1 2 " By counsel for B. Brothers: 1 2 All of the foregoing objections were based upon requests and objec- tions duly made before me. I overruled all of said objections, and respectfully submit the questions raised for the determination of this Honorable Court. Dated ,19... Respectfully submitted. , Master. Form No. 1268 MASTER'S REPORT OF SALE (Title.) To the Honorable Judge of the District Court for the District of ...- Pursuant to the decree of this Court made and entered in the above entitled cause on the day of A. D. 1914, and a writ of venditioni exponas dated 1914, therein issued under the seal of said Court, and to me directed, which said writ is hereto annexed, and herewith returned, by the terms of which said decree it was ordered and decreed that all of the property described in said decree should be sold for cash under my direction as Special Master appointed by said Court, at public auction, to be held on the premises to be sold in in the county of and state of , on the day of A. D. 1914, at o'clock in the fore- noon, to the highest bidder, and whereby It was further ordered and directed that notice of said sale should be given by said master by causing a copy of the same to be published in two newspapers pub- lished daily in the county In which said real estate is located, once a week for three successive weeks, the date of the last publication to be at least seven days prior to said date of sale; and whereby the master was further authorized to execute and deliver to the purchaser of said real estate a master's certificate of purchase and to return the cost proceeds of said sale into the registry of this Court to be dis- bursed by the clerk of said Court, pursuant to further order of Court, and whereby it was further ordered that the master should execute and deliver a deed or deeds of conveyance of the property so sold to FEDERAL FORMS FOR REPORTS 1207- the purchaser or purchasers thereof subsequent and pursuant to an order confirming such sale: I, the undersigned, as Special Master in Chancery, duly appointed by said Court for the purposes aforesaid, do herewith respectfully re- port that pursuant to said decree and writ I gave notice of the sale ot the property described in said decree by causing notice of said sale, a copy of which is hereto annexed, to be published in the , a daily newspaper published at , in said county of , where said real estate to be sold is located, once a week for three successive weeks and in the a daily newspaper published at in said county, to-wit, on July 10, 17, and 24, A. D. 1914, the date of last publication being more than seven days prior to the date of said sale, which was fixed by me in said notice on the second day of August, A. D. 1914, at ten o'clock A. M., upon the premises to bo sold, and I further report that on said second day of August, 1914, the day on which said premises were to be sold as aforesaid I, as said Special Master, attended at the time and place fixed for said sale, and offered said property for sale at public auction to the highest bidder, upon the terms and conditions named in said decree, and stated in said notices; and said property was then and there sold by me at public auction for the sum of dollars, to X. Y., of he being the highest bidder for the same, and I do further certify and report that I have executed, acknowledged and delivered to said purchaser a master's certificate of purchase of said property and do return herewith the cash proceeds of said sale, viz. : the sum of dollars, into the registry of this Court, as directed by said decree. And I further report that my disbursements in the conduct of said sale were as follows: Cost of publication of notice of sale, expenses of master to and from for the purposes of making sale, services of E. F., auctioneer; and commission of master, $ , total , all of which is respectfully submitted. Dated this day of 1914. Special Master in Chancery. Form No. 1269 PLAINTIFF'S EXCEPTIONS TO MASTER'S REPORT a (Title.) Now comes A. B., the plaintiff in the above cause, and excepts to the report of B. F., the special master appointed by this Court, which report was returned to the clerk's office of said District Court on the day of 19- •. and alleges the following grounds of exception: (Set forth particulars in paragraphs numbered seriatim 1, 2.) Dated 19- ■• X. Y., Solicitor for Plaintiff. 8 See Equity Eule 66. Exceptions should specify the particulars in •which the error of the master consists. Reed vs. Bishop, Fed. Cases 5673; Fordyce vs. Omaha, Kansas & E. R. R. Co., 145 Fed. 544. 1208 EQUITY FORMS Form No. 1270 EECBIVEE'S EXCEPTIONS TO MASTER'S EEPOET* (Title.) Now comes J. S., receiver, petitioner in the above entitled cause aud excepts to the report filed herein of J. G. P., Special Master, in tne following particulars: 1. The petitioner excepts to the ruling of law numbered 1, that the A forms of trust receipts are valid against him. 2. The petitioner excepts to the refusal of the master to rule as requested by the petitioner in his request for rulings of law num- bered 2, which was as follows: "2. When the bill of lading of a particular lot of hides was in the possession of B. Brothers & Company, they had the title for purposes of security subject, however, to an equitable interest in the M. H. Corporation." Respectfully submitted, , Attorney for the Petitioner. Form No. 1271 DEFENDANT'S EXCEPTIONS TO IMASTEE'S EEPOET = (Title.) Now come the defendant, W. P. B. et al., and except to the master's report upon the receiver's petition In the following particulars. 1. To the ruling under paragraph three of "Questions of law" that there Is no presumption that the proceeds of sales of hides other than the bankers' property were first applied by the commission houses toward satisfying their advances; and 2. To the ruling in paragraph three of "Questions of law" that the balances in the hands of the commission houses are not sufficiently identified as the proceeds of sales of the bankers' property under the rule laid down in such cases as In re Mulligan. By their solicitors, Form No. 1272 EECEIVEE'S EEPOET (Title.) To the Honorable Judge of the District Court for the Dis- trict of The undersigned, A. B., duly appointed receiver by this Honorable Court, in the above entitled cause, having duly qualified, respectfully reports as follows: (Insert report.) Dated this day of A. D. 19. .. Respectfully submitted, A. B Receiver. * Taken from original on file in XJ. S. District Court of Massa- chusetts. See master's report. Form No. 1267, ante, p. 1205. 5 Taken from original bill on file in U. S. District Court of Massa- chusetts. See master's report. Form No. 1267, ante, p. 1205. CHAPTER XLIV FEDERAL FORMS FOR PROCEEDINGS ON APPEAL Form No. 1273 PETITION ON APPEAL TO CIRCUIT COURT OF APPEALS AND ASSIGNMENT OF ERRORS (Titte.) The above named defendant, C. D., believing itself aggrieved by the final decree in the above entitled cause, hereby appeals from said decree to the United States Circuit Court of Appeals for the Circuit and prays that a transcript of such ^jart of the record as the parties to this cause shall by praecipe duly indicate, together with the exhibits and evidence herein stated in simple and condensed narrative form, so far as it relates to any of the claims on which error is predicated or any matter indicated by the defendant and also the judgment herein rendered, all duly authenticated, may be sent to the United States Circuit Court of Appeals for the Circuit, and that such other and further proceedings may be had which may be proper in the premises. And the defendant, C. D., hereby assigns the errors asserted and intended to be urged as follows: (State assignment of errors num'bered seriatim.) Wherefore, the defendant, C. D., prays that said final decree of the District Court of the United States for the District of sustain- ing the plaintiff's bill may be reversed and that said Court may be ordered to enter a decree in accordance with the prayers in said answer dismissing said bill, or in such other form as to said Circuit Court of Appeals for the Circuit shall deem just. Dated , 19... CD By its solicitor. Form No. 1274 PETITION FOR ALLOWANCE OF APPEAL (ANOTHER FORM) i (Title.) The defendants, A. B. and C. D., conceiving themselves aggrieved by the decree entered under date of January 2, 1914, on the receiver's petition to recover property from them do hereby appeal from said decree for the reasons specified in their assignment of errors filed here- with and they pray that their appeal may be allowed and that a 1 Taken from the original on file In U. S. District Court of Massa- chusetts. 1209 1210 EQUITY FORMS transcript of the record, papers and proceedings upon which said decree ■was so made, duly authenticated, may be sent to the United States Cir- cuit Court of Appeals for the First Circuit. By their attorneys, Form No. 1275 PETITION FOE ALLOWANCE OF APPEAL TO SUPREME COUET 2 (Title.) The above named plaintiff, conceiving himself aggrieved by the decree made and entered on the 3rd day of June, 1913, in the above entitled action, does hereby appeal from the said order and decree to the Supreme Court of the United States for the reasons specified in the assignment of error, which is filed herewith, and prays that this appeal may be allowed, and that a transcript of the record proceedings and papers, upon which said order was made, duly authenticated, may be sent to the Supreme Court of the United States. Dated this 21st day of June, 1913. , Solicitor for Plaintiff. The foregoing appeal is allowed. Dated June 25, 1913. U. S. District Judge. Form No. 1276 ASSIGNMENT OF EBBORS (Title.) The defendants, A. B. and C. D., respectfully specify as their reasons for appealing from the decree entered on January 2, 1914, on the peti- tion of the receiver to recover property from them the following as- signment of errors: 1. That the Court erred in sustaining the exceptions of the peti- tioner to the master's report numbered four. 2. That the Court erred in overruling the exceptions of the re- spondents to the master's report numbered one. Wherefore, the respondents pray that said decree may be reversed. By their attorneys Form No. 1277 _ PEAECIPE (Title.) The defendant appellant indicates the following portions of the record to be incorporated in the transcript of the record on appeal. (1) Bill of complaint. (2) Answer. (3) Opinion of the Court sustaining bill. (4) Final decree. (5) (Names of parties wliose testimony is desired inserted by the 2 Taken from files in U. S. District Court of New Hampshire. FEDERAL FORMS FOR APPEAL 1211 plaintiff and ly the defendant. Testimony to be stated in simple, con- densed and narrative form.) (6) Plaintiff's exhibits as follows: (Number exhibits desired in- serted.) (7) Petition on appeal and assignment of errors. (8) Bond on appeal. (9) Praecipe. (10) Citation on appeal. X. Y., Solicitor for Defendant. Service of above praecipe accepted and acknowledged, this day of , 19.. , Solicitor for Plaintiff. Form No. 1278 PRAECIPE (ANOTHER FORM) 3 (Title.) To the Clerk of the United States District Court, District of Massa- chusetts: You are hereby requested to make a transcript of record to be filed in the United States Circuit Court of Appeals for the First Circuit pursuant to an appeal allowed In the above entitled cause and to in- clude in such transcript the following: Petition of receiver against Brown et al. Answer of Brown et al. Replication of receiver. Motion for reference to master. Decree appointing master. Motion to amend petition. Motion to amend answer. Master's report. Exceptions of Brown et al. Exceptions of receiver. Opinion of Court. Decree. Petition for appeal. Assignment of errors. Waiver. Praecipe. Attorneys for Respondents Brown et al. Assented to: , Attorney for Receiver. Form No. 1279 CITATION ON APPEAL UNITED STATES OF AMERICA. The President of the United States to A. B., of State of , County of ., Greeting. You are hereby cited and admonished to be and appear in the United States Circuit Court of Appeals for the Circuit in the city ot 3 Taken from flies in U. S. District Court of Massachusetts. 1212 EQUITY FORMS , , state of , on the day of 19 . . , pui> suant to an appeal duly obtained from a decree of the District Court of the United States for the District of , wherein C. D., of county of , state of is appellant, and you are appellee, to show cause, if any there be, why the said decree en- tered against the said appellant should not be corrected and why speedy justice should not be done to the parties in that behalf. "Witness the Honorable , Judge of the District Court of the United States for the District of this day of in the year of our Lord one thousand nine hundred and United States District Judge. Foim No. 1280 ACKNOWIJIDGMENT OP SERVICE OF CITATION « 19... Due and sufficient service of the within citation is hereby accepted. Solicitor for Plaintiff, Appellee. Form No. 1280a ASSIGNMENT OP EBBOBS (Title.) Now, on this seventh day of April, 1917, comes the defendant and says that in the record and proceedings of the said court in the above entitled action, and in the interlocutory order for a prelim- inary injunction made and entered therein on or about the twenty- seventh day of March, 1917, there is manifest error, and the said defendant assigns the following: (1) That the District Court erred in granting the order for a preliminary injunction herein. (2) That there* was a plain and manifest abuse of the discretion of the District Court in the making of said order for a preliminary injunction. In order that the foregoing assignment of errors may be and ap- pear of record the defendant presents the same to the court and prays that such disposition be made thereof as is in accordance with the laws and the statutes of the United States in such cases made and provided, and defendant prays a reversal of the order for a pre- liminary injunction made and entered by said court. (Signatwre.) Solicitors for Defendant. Dated this day of , 1917. Form No. 1280b SUPPLEMENTAL ASSIGNMENT OP EBB0B3 Now, on this tenth day of April, 1917, comes the defendant, its appeal not yet having been allowed, and says that in the record and proceedings of the said court in the above entitled action, and in the interlocutory order for a preliminary injunction made and entered therein on or about the twenty-seventh day of March, 1917, there is * See Equity Rule 75. FEDERAL FORMS FOR APPEAL 1213 manifest error, and the defendant assigns the following reasons in addition to those assigned in the assignment of errors filed herein on or about the seventh day of April, 1917: ( 3 ) That the District Court erred in granting the order for a pre- liminary injunction herein because the record does not show the ex- istence of such irreparable injury to the plaintiff as legally to justify the issuance of the said injunction. (4) That the District Court erred in granting the order for pre- liminary injunction herein because its effect is simply to enforce payment of a fixed and certain sum of money, to wit, the plaintiff's license fee, and the issuance of the said injunction is, therefore, illegal. (5) That the District Court erred in granting the order for pre- liminary injunction herein because the evidence presented in oppo- sition to the motion, and which was not before the court in the case of Eibel Process Company v. Remington-Martin Company relied upon as a prior adjudication by the plaintiff, is of such a nature that if it had been presented to that court it would have led to a different result, and hence the validity of the patent in suit was not sufficiently established to warrant the issuance of the preliminary injunction herein. (6) That the District Court erred in granting the order for a preliminary injunction herein because the record shows on its face that the patent in suit is invalid, the invention, if any, residing in a process or method of manufacture and not in the machine or ap- paratus claimed. (7) That the District Court erred in any event in not allowing the defendant to give a bond with proper sureties in lieu of a pre- liminary injunction. In order that the foregoing assignment of errors may be and appear of record the defendant presents the same to the court and prays that such disposition be made thereof as in accordance with the law and statutes of the United States in such cases made and provided, and defendant prays a reversal of the order for a prelim- inary injunction made and entered by said court. (Signature.) Solicitor for Defendant. Dated this day of 1917. CHAPTER XLV FEDERAL FORMS FOR BONDS Form No. 1281 BOND ON APPRAL (Title.) Know all men by these presents, that we, C. D., of county of , state of , as principal, and E. F. Co., a corporation duly organized and existing under the laws of the state of Maine, as surety, are held and firmly bound unto A. B., of county of , state of in the full and just sum of dollars to be paid to the said A. B., his certain attorney, executors, administra- tors or assigns; to which payment well and truly to be made we bind ourselves, our heirs, executors, and administrators, jointly and sev- erally by these presents. Signed and sealed with our seals and dated this day of in the year of our Lord one thousand nine hundred and Whereas lately at a District Court of the United States for the District of in a suit in equity depending in said Court between said C. D. and said A. B., a decree was entered against the said C. D. and the said C. D., having obtained an appeal to remove said cause to the United States Circuit Court of Appeals of the Circuit to reverse the decree in the aforesaid suit, and a citation directed to the said A. B., citing and admonishing him to be and appear in the United States Circuit Court of Appeals for the Circuit in the city of state of , on the day of , A. D. 19... Now the condition of the above obligation is such that if the said C. D. shall prosecute its bill to effect and answer all damages and costs, if it fail to make its appeal good, then the above obligation to be void, else to remain in full force and virtue. Signed, sealed and delivered In presence of: (Signatures.) (Seals.) Approved : , , U. S. District Judge. Form No. 1282 BOND FOE RESTEAINING OBDEB i (Title.) Know all men by these presents, that the undersigned, A. B. (giving name of plaintiff), as principal, and the X. Y. Surety Company, a cor- 1 Equity Rule 73 contemplates a prompt hearing in the event of the 1214 FEDERAL FORMS FOR BONDS 1215 poration duly organized and existing under the laws of the state of , and located and having its principal place of business in of said state, as surety, are holden and stand firmly bound and obliged unto C. D. (giving the name of defendant), of , in the state of , in the full and Just sum of dollars, to be paid unto the said C. D., his executors, administrators or assigns, to which payment well and truly to be made the said A. B., his heirs, executors and administrators, and the said X. Y. Surety Company, its successors and assigns, do bind themselves firmly by these presents. The conditions of this obligation is such that whereas, the said A. B. has this day filed a bill in equity in the District Court of the United States for the District of against said C. D., praying for a restraining order as therein specified. Now, therefore, if the said obligor shall pay all damages and costs by issuing said restraining order, if said A. B. shall upon notice and hearing be finally found not entitled thereto, then this obligation shall be void, otherwise shall remain in full force and virtue. In witness whereof, the said A. B. has hereunto affixed his hand and seal, and the said X. Y. Surety Company has caused these presents to be signed and its corporate seal to be hereunto affixed by its hereunto duly authorized. Dated this day of A. D. 19. .. (Seals.) A. B. X. Y. Surety Company. By , its Signed, sealed and delivered in presence of: Form No. 1283 EECEIVEK'S BOND (Title.) Know all men by these presents, that we, , of county of state of as principal, and of , county of , state of , as surety, are holden and stand firmly bound unto , of , county of state of , Clerk of the District Court of the United States for the District of and unto his successprs in said office for the benefit of whomsoever it may concern, the sum of to be paid to the said as clerk, or his successors in ofiice, to which pay- ment well and truly to be made we bind ourselves, our heirs, execu- tors, administrators and successors firmly by these presents. Signed and sealed with our seals this day of 19... The condition of this obligation is such, that whereas the said granting of a restraining order and makes no provision for a bond, but it is competent for the Court to grant the restraining order on con- dition that bond be given and the above is included as an appropriate form for use in such case. 1216 EQUITY FORMS was duly appointed receiver of the company by this Court on the day of 19 . . , under bill in equity brought by against the company as by the records of said Court appear: Now, wherefore, if the said shall well and truly perform all his duties as such receiver, faithfully account for all moneys and other property by him received as such receiver, and shall obey all orders and decrees of Court made in the premises, then this obligation shall be void, otherwise it shall remain in full force and virtue. (Signatures.) (Seals.) Form No. 1284 BOND FOE SECUEITY FOR COSTS (Title.) Know all men by these presents, that A. B., as principal, and Surety Company, a corporation duly existing by law and having its principal place of business at in the state of , a duly appointed agent resident at , in said district of as surety, are holden and stand firmly bound and obliged unto C. B., of in the full and just sum of $250 to be paid unto the said C. D., his heirs, executors, administrators or assigns, to the which payment well and truly to be paid, the said A. B., his heirs, executors and assigns, and the said Surety Company, its successors and assigns do bind themselves firmly by these presents. The condition of this obligation is such that whereas the said A. B., on the day of 19 . . , filed a bill in equity in the United States District Court for the District of against the said C. D., the defendant named therein; Now, therefore, if the said obligor shall pay all the costs awarded or decreed against him by the Court in the said above described cause, then this obligation shall he void. In witness whereof the said A. B. has hereimto set his hand and seal and the said Surety Company has caused these presents to be signed and its corporate seal to be hereunto afSxed by its agent, hereunto duly authorized this day of A. D. 1914. (Signatures.) Witness: (Seals.) Form No. 1285 BOND FOR RELEASE OF DEFENDANT ARRESTED ON WRIT OF NE EXEAT Know all men by these presents, that the undersigned, C. D., of as principal, and the Surety Company, a corpora- tion duly existing by law and having its principal place of business in the city are holden and stand firmly bound and obliged unto E. P., United States Marshal for the District of in the full and just sum of dollars to be paid to the said E. F., as such marshal, his successors in office or assigns, to the which payment well and truly to be made the said C. D. does bind himself, his executors, administrators and assigns and the said Surety Company does bind itself, its successors and assigns, firmly by these presents; FEDERAL FORMS FOR BONDS 1217 The condition of this obligation is such that whereas the said C. D. has this day been arrested upon a writ of ne exeat issued oUt of the District Court of the United States for the District of in a certain suit in equity there pending, wherein A. B. is plaintiff and the said C. D. is defendant, and whereas said C. D. is now in the custody of said United States Marshal by virtue of said writ; Now, therefore, if the said C. D. shall not depart from or leave the said district of without the permission of said Court, then this obligation is to be void, otherwise it shall remain in full force and virtue. In witness whereof the said C. D. has hereunto affixed his hand and seal and said Surety Company has caused these presents to be signed and its corporate seal to be hereunto affixed by , its thereunto duly authorized. Witness: (Signatures.) (Seals.) Form No. 1286 SPECIAL BOND FOR DAMAGES BY REASON OF INJUNCTION AND SEIZURE OF MAPS AND PLATES 2 (Title.) Know all men by these presents, that we, W. L. & P. Co., a corpora- tion (etc.), of , county of , state of as prin- cipal, and , of county of , state of as surety, are holden and stand firmly bound unto C. D., of , county of state of in the full and just sum of dollars to be paid the said C. D., his executors, administrators, or assigns, to the which payment well and truly to-be made we bind ourselves, our heirs, executors and successors, firmly by these presents. Signed and sealed with our seals this . .•. day of , 19. .. The condition of this obligation is such that whereas a bill in equity has been filed in the District Court of the United States for the District of by the said W. L. & P. Co. against the said E. A. Co., therein alleging an infringement by the said defendant of a copy- right registered and secured to the plaintiff (descriie article copy- righted and copyright), and therein praying for an injunction and an accounting, and for a writ directed to the marshal of said district where said infringing maps and plate are located, commanding him to seize maps and plate for impounding or forfeiture as the Court may direct; Now, therefore, if the said plaintiff, the said "W. L. & P. Co., shall promptly prosecute its said bill in equity and shall return to said defendant the said maps and plate after the same have been so seized by the marshal of said district, if said maps and plate are adjudged not to be an infringement or if the said suit abates or is discontinued before the said maps and plate are returned to said defendant, and if the plaintiff shall pay to the defendant any damages which the Court may award to him against the plaintiff, then the above obligation shall be void, otherwise to remain in full force. (Signatures.) 2 See bill. Form No. 1128, ante, p. 1033. CHAPTER XLVI FEDERAL FORMS FOR WRITS Form No. 1287 WRIT FOR SEIZUHE OF PEOPEETY CLAIMED TO INFEINGE A COPTEIGHT 1 {Title.) The President of the United States of America to the Marshal of the District of Greeting: Whereas a bill ia equity under oath has been filed in the District Court of the United States for the District of this day of , 19 ... in an action by the plaintiff, the W. L. & P. Com- pany, against the defendant, the E. A- Company, arising under sec- tion 25 of the act of March 4, 1909, chapter 320, 35 Stat L. 1075 of the United States of America, for the seizure and delivery to the plaintiff of the copies of a map (together with all plates for printing the same) alleged to have been printed and sold in violation of a copyright owned by the plaintiff and described in said bill of complaint and affidavit as hereinafter set forth, and praying that the process of the said Court issue in that behalf and that the property hereinafter mentioned be seized and impounded subject to the orders and decree of the Court, according to the statutes in such cases made and provided; and a suffi- cient bond or undertaking having been filed; Now, therefore, you are hereby commanded to seize and hold, as prescribed by law, the copies of said map (together with all plates for printing the same) found Si the possession of the defendant, the C. D. Company, covered by the copyright held by the plaintiff and described as follows: (Describe the copyrighted article as in the bill.) And what you shall have done In the premises, do you make return thereof, together with this writ on the day of 19. ., at o'clock in the forenoon of that day if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction thereafter. Witness the Honorable Judge of said District Court of the United States at this day of , in the year of our Lord one thousand nine hundred and , Clerk. Form No. 1288 MARSHAL'S RETURN 2 UNITED STATES OF AMERICA, District of , ss. I hereby certify that I have received the within writ on the day of 19 . . , and that I have executed the same by seizing 1 See bill. Form No. 1128, ante, p. 1033. 2 Adapted from original on file in United States District Court, District of Maine, in case of Acme Amusement Co. vs. Eugley. 1218 FEDERAL FORMS FOR WRITS 1219 copies of the map d,escribed in the within writ and the plate for printing the same and have the same now in my possession. United States Marshal. Form No. 1289 WRIT OF INJUNCTION UNITED STATES OF AMERICA, District of ss. The President of the United States of America. To , your agents and servants, Greeting: Whereas , ha. . exhibited bill of complaint petition before the Judge of our District Court of the United States for Maine District, begun and holden at Portland, within and for the district of Maine, on the day of A. D. 19.., against you the said praying to be relieved touching the matters therein complained of, and whereas, by an order from said Court, made on the day of A. D. 19 . . , It was ordered that a writ of injunction issue under the seal of the said Court, to restrain you, and each and every of you, your servants, agents and attorneys, from doing all the matters and things from the doing of which you are prayed to be restrained in said bill, according in full with the prayer of said bill. We therefore, in consideration thereof, enjoin and command you, each, and every of you that from and immediately after the receipt and notice of this our writ, by you, or any of you, you shall not (.here set out acts to 6e enjoined). Whereof you are not to fail on pain of thousand dollars, to be levied on your and each of your goods, chattels, lands and tene- ments, to our use. Witness the Honorable at this day of in the year of our Lord one thousand nine hundred and , Clerk. Form No. 1290 WEIT OF VENDITIONI EXPONAS (Title.) The President of the United States of America To J. S., Special Master in Chancery of the United States, for the District of Greeting: Under and by virtue of the decree rendered in this cause on the day of A. D , a copy of which is hereto annexed, you are hereby commanded to make sale of the properties therein described, having first given notice thereof as therein required, and in all respects to fully obey said decree, and' to make due report to this Court as therein directed of all your proceedings thereunder. Witness the Honorable , Chief Justice of the Supreme Court of the United States, and the seal of said District Court for the District of this day of , A. D. 1914, and of our independence the year. , Clerk of U. S. District Court. 1220 EQUITY FORMS Foim No. 1291 WRIT OF ASSISTANCE 3 THE UNITED STATES OF AMERICA, District of ss. The President of the United States of America to the Marshal of said District, Greeting: Whereas on the day of , 19. ., in a cause pending'in the District Court for said District, wherein A. B., of county of state of , is plaintiff, and C. D., of , county of state of is defendant, it was decreed that the said C. D. deliver to the said A. B. possession of certain lands and tenements situated in the city of county of , state of bounded and described as follows: (Insert description.) And whereas the said C. D., though demand has been niade on him by the said A. B. for the possession of said lands and tenements, re- fuses to deliver to said A. B. such possession and to pay obedience to decree of said Court Now, therefore, we do hereby command you immediately on receipt of this writ to enter the said land and tenements and eject the said C. D. from the same, his agents, servants and tenants, and to put the said A. B. into possession of the same thereof. Witness the Honorable Judge of the District Court of ^the United States for the District of this day of A. D. 19... Attest: Clerk. Form No. 1292 WRIT OF NE EXEAT THE UNITED STATES OP AMERICA, District of , ss. The President of the United States of America to the Marshal of said District, Greeting: Whereas It is represented to the District Court within and for the District of by A. B., plaintiff, against C. D., defendant, that the said defendant is greatly indebted to the said plaintiff and designs quickly to go into parts beyond the limits of the United States, as by oath made on that behalf appears; which tends to the great prejudice of the said plaintiff. Therefore, in order to prevent this injustice, we do thereby command you that you do, without delay, cause the said C. D. personally to come before you, and give suflScient bail or security, in the sum of that he, the said C. D., will not go or attempt to go into parts beyond the limits of the United States or beyond the limits of the district of and the jurisdiction of the Court, without leave of this Court, and in case the said C. D. shall refuse to give such bail or security, then you are to commit him, the said C. D., to jail ; there to be kept in safe custody until he shall do it of his own accord. And when you shall have taken such security, you are forth- with to make and return a certificate thereof to this Court, distinctly and plainly under your seal, together with this writ. Witness at the day of in the year 19. .. Attest: Clerk. 3 See Comer vs. Felton, 61 Fed. 730. Terrell vs. Allison, 21 Wall. 289. Equity Rule 9. FEDERAL FORMS FOR WRITS 1221 Form Ko. 1293 OFFIOEB'S RETUKN OF SEKYICE OF EQUITY SUBPOENA United States of America Maine District, ss. October, 1920. I have this day served the within subpoena upon the within named M. G. Mfg. Co., by giving in hand to R. H., clerk of said M. G. Mfg. Co., at Portland in said District, a true and attested copy thereof. E. L. H., Deputy U. S. Marshal. Fees: Service $2.00 Travel 06 Copy 30 12.36 Form No. 1294 RETURN OF SERVICE OF ORDER TO SHOW CAUSE WHY PRE- LIMINARY INJUNCTION SHOULD NOT ISSUE United States of America Maine District, ss. I have this day made service of the within motion and order of court thereon upon the within named M. G. Mfg. Co., by giving in hand to R. H., clerk of said M. G. Mfg. Co., at Portland in said District a copy of said motion and order of court thereon duly attested by G. W., clerk of the U. S. District Court for the said Dis- trict, and I have also this day delivered in hand to R. H., clerk of said M. G. Mfg. Co., at Portland in said District, a copy of the bill of complaint and the exhibits annexed thereto referred to in said order. E. L. H., Deputy U. S. Marshal. Fees: Service $2.00 Travel, 1. mi 06 $2.06 INDEX Accounting bill for, see Bills. on infringement of patent, (U. S.) Form No. 1139e, p. 1069. Accounts by Masters and Beceivers see Reports. Action at Law bill to enjoin, see Bills. Address of Bill see Bills. ASadavit for writ of assistance, (U. S.) Forms No. 1219, 1220, pp. 1143-1144. of notice of motion, Form No. 819, p. 794. to bill of interpleader, see Bills. Alabama affidavit to bill, Forms No. 2, 5, p. 4. answer, formal parts. Form No. 466, p. 558. bill, formal parts, Form No. 1, p. 3. , footnote to bill. Form No. 3, p. 4. prayer for publication. Form No. 4, p. 4. Amending Bills see Motions. Ancillary Receivers see Bills. Answer see also TJnited States. accompanying plea, denying fraud. Form No. 423, p. 540. amended. Form No. 514, p. 606. as cross bill (Ala.) Form No. 468, p. 559. (N. H.) Form No. 500, p. 589; Form No. 503, p. 590. (W. Va.) Form No. 523, p. 613. as demurrer. Form No. 461, p. 556. by administrator. Form No. 454, p. 555. by city. Form No. 452, p. 554. by corporation. Form No. 451, p. 554. by county, Form No. 452, p. 554. by executor. Form No. 454, p. 555. by guardian ad litem. Form No. 467, p. 559. by infant. Form No. 456, p. 555; Form No. 520, p. 610. by insane person. Form No. 457, p. 555. 1223 1224 INDEX Answer — Continued by minor, Form No. 456, p. 555; Form No. 520, p. 610. by partners. Form No. 449, p. 554. by person misnamed in the bill. Form No. 453, p. 555. by surviving partner. Form No. 450, p. 554. by town, Form No. 452, p. 554. by trustee in bankruptcy, Form No. 455, p. 555. confederacy clause. Form No. 462, p. 556; Form No. 466, p. 558; Form No. 518, p. 609. Florida statute governing forms, p. 627. formal parts (Ala.) Form No. 466, p. 558. (Del.) Form No. 469, p. 559; Form No. 470, p. 561. (Fla.) Form No. 481, p. 574. (Dl.) Form No. 483, p. 575. (Me.) Form No. 484, p. 578. (Md.) Form No. 496, p. 586. (N. H.) Note, p. 588; Form No. 500, p. 589. (Pa.) Form No. 515, p. 606. (Tenn.) Form No. 519, p. 610. (W. Va.) Form No. 522, p. 613. (U. S.) Form No. 1140, p. 1086. further answer, Form No. 447, p. 554. further answer to original bill and answer to amended bill, Form No. 448, p. 554. in lieu of demurrer or plea. Form No. 458, p. 555. including demurrer, Forms No. 500, 502, p. 589. including plea, Form No. 434, p. 544; Forms No. 500, 502, p. 589. including prayer for affirmative relief, see subhead "as cross bill," ante, joint and several, Form No. 446, p. 554; Form No. 470, p. 561. praying issues to jury, Form No. 459, p. 555. protestation clause. Form No. 460, p. 556. setting up statute of frauds, Form No. 458, p. 555. to amended bill, Form No. 448, p. 554. to bill and consent to decree. Form No. 498, p. 587. to bill by creditor to reach and apply. Form No. 491, p. 582. to bill by creditors to enforce stockholders' liability, Form No. 521, p. 611. to bill by stockholders against corporation and officers in control, Form No. 518, p. 609. to bill for appointment of receiver. Form No. 480, p. 574; Form No. 1141, p. 1086. to bm for cancellation. Form No. 471, p. 562; Form No. 472, p. 564; Form No. 489, p. 581. to bai for construction of will, Form No. 477, p. 572; Form No. 493, p. 585; Form No. 494, p. 585. to bill for dissolution of bank. Form No. 479, p. 573. to bill for dissolution of partnership, Form No. 474, p. 568; Form No. 501, p. 589. to bill for enjoining nuisance, Form No. 473, p. 566. to bill for foreclosure of mortgage, Form No. 483, p. 575. to bill for infringement of patent, (IT. S.) Form No. 1153a, p. 1103. to bill for mandatory injunction. Form No. 1143, p. 1089. to bUl for partition. Forms No. 487, 488, p. 580; Form No. 528, p. 619. to bill for specific performanc* (Del.) Form No. 469, p. 559. (Me.) Form No. 486, p. 579. (N. J.) Form No. 505, p. 591. (E. I.) Form No. 517, p. 608. (W. Va.) Form No. 525, p. 614. to bill to contest will, Form No. 530, p. 623. INDEX 1225 Answer — Continued to bill to enforce constructive trust, Form No. 470, p. 561; Form No. 499, p. 587. to bill to enforce lien of material man. Form No. 495, p. 585. to bill to enforce tax lien. Form No. 481, p. 574. to bill to enjoin infringement of patent and for profits, (XJ. S.) Form No. 1153b, p. 1104. to bill to establish trust and appoint trustee. Form No. 509, p. 599. to bill to quiet title. Form No. 530a, p. 623. to bill to redeem, Form No. 485, p. 579; Form No. 516, p. 607. to bill to reform deed. Form No. 492, p. 583; Form No. 510, p. 599; Form No. 527, p. 617. to bill to remove cloud on title. Form No. 476, p. 572; Form No. 529, p. 621. to bill to restrain action at law, Form No. 575, p. 570; Form No. 512, p. 602. to bill to set aside conveyance in fraud of creditors (Me.) Form No. 490, p. 582. (N. J.) Forms No. 507, 508, pp. 595-597. (W. Va.) Form No. 526, p. 615. to part demurrer to residue, Form No. 398, p. 529. plea to part, demurrei to part, Form No. 433, p. 544. plea to residue, Form No. 432, p. 544. to petition for appointment of trustees, Form No. 503, p. 590. to special replication on bill to quiet title. Form No. 530c, p. 625. with demurrer inserted. Form No. 399, p. 529. Appeal see also United States, assignment of error on (Fla.) Form No. 1021, p. 907. (U. S.) Form No. 1280a, p. 1212. bond, see Bonds. certiorari upon, (Pa.) Form No. 1040, p. 914. entry or claim of (Fla.) Form No. 1020, p. 907. (111.) Form No. 1023, p. 908. (Me.) Form No. 1028, p. 910. (Md.) Form No. 1031, p. 911. (Mass.) Form No. 1033, p. 911. (N. J.) Form No. 1035, p. 912. (Pa.) Form No. 1039, p. 913. (E. I.) Form No. 1042, p. 914. (Vt.) Form No. 1044, p. 915. order allowing, (U. S.) Form No. 1239f, p. 1170. order allowing and partial supersedeas, (U. S.) Form No. 1239e, p. 1169. order for reproduction of testimony in exact words of witnesses, (U. S.) Form No. 1239g, p. 1170. petition for, and continuance of injunction, (TJ. S.) Form No. 1221h, p. 1151. petition for and for suspension of injunction, (II. S.) Form No. 1221g, p. 1151. - report of case on, (Me.) Form No. 1029, p. 910. supersedeas writ, (Va.) Form No. 1045, p. 915. supplemental assignment of errors, (U. S.) Form No. 1280b, p. 1212. writ without supersedeas, (Va.) Form No. 1046, p. 916. petition for, and afddavit. Form No. 1217, p. 1142. writ of, see Writs. 1226 INDEX Attaclrment petition for and affidavit, (TJ. S.) Forms No. IBIS, 121&, 1220, pp. 1143-1144. writ of, see Writs. Eaukruptcy bill by trustee in bankruptcy, see Bills. Bills see also Petitions. against corporation to restrain performance of ultra vires contract, Form No. 1100, p. 969. by creditors for appointment of ancillary receiver, (U. S.) Form No. 1139d, p. 1065. for appointment of receiver, (U. S.) Form No. 1106, p. 979; Form No. 1107, p. 981; Form No. 1108, p. 985. for discovery of property, Form No. 133, p. 152; Form No. 144, p. 172. for dissolution of corporation and appointment of receiver (lU.) Form No. 277, p. 374. (Md.) Form No. 284, p. 381. (N. J.) Form No. 289, p. 885. (W. Va.) Form No. 293, p. 391. for dissolution of partnership, Form No. 235, p. 301. to cancel void deed. Form No. 102, p. 102. to cancel voluntary deed, Form No. 310, p. 424. to enforce judgment lien, (W. Va.) Form No. 311, p. 42/. to enforce stockholders' liability (Dl.) Form No. 277, p. 374; Form No. 295, p. 397. (Me.) Form No. 296, p. 399. (Mass.) Form No. 298, p. 402. (Mich.) Form No. 299, p. 403. (N. H.) Form No. 300, p. 406. (Pa.) Form No. 301, p. 409. (R. I.) Form No. 302, p. 410. (Vt.) Form No. 303, p. 411. to enforce stockholders' liability in banking corporation (Mass.) Form No. 298, p. 402. (Pa.) Form No. 301, p. 409. to enforce stockholders' liability in insurance company, Form No. 303, p. 411. to reach and apply an annuity. Form No. 127, p. 143. to reach and apply debtor 's interest in note of non-resident. Form No. 138, > 159. to reach and apply equitable title. Form No. 130, p. 148. to reach and apply funds withheld by directors of a corporation, Form No. 128, p. 144. to reach and apply, in general. Form No. 133, p. 152; Form No. 1105, p. 978. to reach and apply lands of a non-resident. Form No. 134, p. 155. to reach and apply legacy due non-resident, Form No. 137, p. 158. to reach and apply money due debtor under unfinished contract, Form No. 131, p. 149. to reach and apply mortgagee's rights, Form No. 129, p. 147. to reach and ajply patent right. Form No. 132, p. 151. to reach and apply property of expired corporation, (W. Va.) Form No. 294, p. 393. to restrain enforcement of fraudulent judgments, Form No. 250, p. 325; Form No. 253, p. 331. to set aside conveyance, for sale of property and satisfaction of debt, Form No. 138b, p. 161. INDEX 1227 Bills— Continued by creditors — continued to set aside fraudulent conveyances (Del.) Form No. 106, p. 111. (111.) Form No. 107, p. 112. (Me.) Form No. 109, p. 118. (Md.) Form No. Ill, p. 120. (Mich.) Form No. 116, p. 126. (N. H.) Form No. 118, p. 129. (N. J.) Form No. 120, p. 131. (Pa.) Form No. 122, p. 135. (W. Va.) Form No. 126, p. 141. by foreign partnership to enjoin infringement of trademark, ac- counting, (U. S.) Form No. 1139h, p. 1076. by members of labor union to enjoin breach of agreement by other members, Form No. 312f, p. 438. by minority stockholders (ni.) Form No. 108, p. 115. (Me.) Form No. 112, p. 121. (Mass.) Forms No. 114, 115, pp. 123, 124. (Mich.) Form No. 117, p. 127. (N. H.) Form No. 119, p. 130. (N. J.) Form No. 121, p. 133. (Pa.) Form No. 123, p. 136. (E. I.) Form No. 125, p. 139. (U. S.) Form No. 1098, p. 964; Form No. 1099, p. 967. by receiver to enforce stockholders' liability. Form No. 297, p. 401. by stockholders for receiver, dissolution of corporation and injunc- tion. Form No. 294a, p. 394. by trustee for instructions (111.) Form No. 265a, p. 357. (Me.) Form No. 267, p. 360. (Mass.) Form No. 269, p. 363. (N. J.) Form No. 272, p. 367. (E. I.) Form No. 168f, p. 207. by trustee in bankruptcy to reach and apply a mortgage note, Form No. 1097, p. 962. to recover a preference (E. I.) Form No. 124, p. 137. (U. S.) Form No. 1093, p. 953; Form No. 1094, p. 955. to set aside fraudulent conveyance (Me.) Form No. 110, p. 119. (Mass.) Form No. 113, p. 121. c||, (E. I.) Form No. 124, p. 137. (U. S.) Form No. 1095, p. 956; Form No. 1096, p. 959. for accounting against trustee. Form No. 161, p. 187. by second mortgagee, (U. S.) Form No. 1087, p. 939. on insurance policy, (TJ. S.) Form No. 1118, p. 1004. for appointment of ancillary receivers. Forms No. 1135-1137, pp. 1045-1049. for appointment of receiver of corporation (Del.) Forms No. 275, 276, pp. 372, 373. (111.) Form No. 277, p. 374; Form No. 295, p. 397. (Me.) Forms No. 278, 280, 282, pp. 376, 377, 379. (Md.) Forms No. 283, 284, pp. 380, 381. (Mich.) Form No. 287, p. 383; Form No. 299, p. 403. (N. H.) Form No. 300, p. 406. (N. J.) Form No. 289, p. 385. (W. Va.) Forms No. 293, 294, pp. 391, 393. for appointment of trustee (111.) Form No. 140, p. 165. (Me.) Form No. 143, p. 171. (Md.) Form No. 148, p. 178. (Mich.) Form No. 157, p. 183. 1228 INDEX Bills — Continued for appointment of trustee — oontinued (N. J.) Form No. 159, p. 185. (E. I.) Form No. 164, p. 190. for assignment of dower. Form No. 312h, p. 441. for benefit of creditors, (U.S.) Form No. 1139e, p. 1064. for construction of deed, Form No. 271, p. 366. for construction of will (Del.) Form No. 255, p. 335; Form No. 265, p. 355. (111.) Form No. 265a, p. 357. (Me.) Forms No. 266, 267, pp. 359, 360. (Md.) Form No. 268, p. 362. (N. H.) Form No. 270, p. 366. (N. J.) Form No. 272, p. 367. (R. I.) Form No. 273, p. 369. (W. Va.) Form No. 274, p. 370. (U. S.) Form No. 1115, p. 999. for discharge of trustee. Form No. 145, p. 173. for dissolution of bank or insurance company. Form No. 276, p. 373; Form No. 280, p. 377; Form No. 281, p. 378. for dissolution of corporation (Del.) Form No. 276, p. 373. (111.) Form No. 277, p. 374. (Me.) Forms No. 278-282, pp. 376-379. (Md.) Forms No. 283, 284, pp. 380, 381. (Mich.) Form No. 287, p. 383. (N. J.) Form No. 293, p. 391. (W. Va.) Form No. 294, p. 393. for dissolution of partnership (Del.) Form No. 225, p. 288. (111.) Form No. 226, p. 290. (Me.) Forms No. 227-229, pp. 292-294. (Md.) Form No. 230, p. 295. (Mass.) Form No. 231, p. 297. (Mich.) Form No. 232, p. 297. (N. H.) Forms No. 233-235, pp. 299-301. (N. J.) Form No. 236, p. 302. (Pa.) Form No. 237, p. 304. (R. I.) Form No. 238, p. 305. (Vt.) Form No. 239, p. 306. (W. Va.) Form No. 240, p. 309. (TJ. S.) Form No. 1112, p. 994. fori further administration in a court of equity, (Ala.) Form No. 268, p. 362. for mandatory injunction. Form No. 202a, p. 257; Form Wo. 204, p. 260; Form No. 1120, p. 1008. for partition of real estate (HI.) Form No. 214, p. 275. (Me.) Forms No. 215, 216, pp. 278, 279. (Md.) Form No. 217, p. 280. (Mich.) Form No. 218, p. 281. (N. H.) Forms No. 219, 220, p. 282. (N. J.) Form No. 221, p. 283. (Pa.) Form No. 222, p. 284. (E. I.) Form No. 223, p. 286. (W. Va.) Form No. 224, p. 286. (TT. S.) Form No. 1111, p. 993. for removal of trustee (HI.) Form No. 141, p. 167. (Me.) Form No. 144, p. 172. (Md.) Form No. 149, p. 179. (E. I.) Form No. 165, p. 191. (W. Va.) Form No. 167, p. 192. for specific performance, (U. S.) Form No. 1139b, p. 1062. INDEX 1229 Bills — Continued for speoifle performance — continued after part performance, Form No. 89, p. 80; Form No. 90. d. 81: Form No. 92, p. 83. > r , , f . by vendee of real estate (Del.) Form No. 85, p. 76. (111.) Form No. 86, p. 77. (Me.) Forms No. 87, 88, p. 79. (Md.) Form No. 89, p. 80. (Mich.) Form No. 91, p. 82. (Pa.) Form No. 94, p. 86. (R. I.) Form No. 95, p. 87. by vendor of real estate, Form No. 87, p. 79: Form No. 90 p. 81; Form No. 93, p. 84. by vendor who has expended money on the real estate. Form No. 93, p. 84. ' of agreement assigning patent, (TJ. S.) Form No. 1139g, p. 1073. of agreement to convey stock, (TJ. S.) Form No. 1089, p. 946. of contract, Form No. 95c, p. 90. of covenant in sublease, Form No. 95a, p. 88. of sale where complainant was unprepared to perform. Form No. 95b, p. 89. ft formal parts forms, Form No. 1, p. 3. (Ala.) Form No. 1, p. 3. (Del.) Form No. 6, p. 5. (Fla.) Form No. 7, p. 5. (111.) Form No. 9, p. 7. (Me.) Form No. 10, p. 7. (Md.) Form No. 12, p. 8. (Mass.) Form No. 13, p. 9. (Mich.) Form No. 14, p. 9. (Miss.) Note, p. 10. (N. H.) Form No. 16, p. 10. (N. J.) Form No. 17, p. 11. (Pa.) Form No. 18, p. 11. (B. I.) Form No. 19, p. 12. (Tenn.) Form No. 20, p. 12. (Vt.) Form No. 21, p. 13. (Va.) Form No. 22, p. 13. (W. Va.) Form No. 24, p. 14. (TJ. S.) see TJnited States, introduction, p. 1. introductory parts, special forms, Forms No. 25-40, pp. 15, 16. numliering of paragraphs, p. 1. oath to bill in general, p. 1. prayer for injunction. Form No. 44, p. 17. (111.) Form No. 47, p. 18. (N. J.) Form No. 46, p. 17. (W. Va.) Form No. 48, p. 18. prayer for ne exeat. Form No. 45, p. 17. prayer for process, special forms. Forms No. 44-49, pp. 17, 18. prayer for receiver. Form No. 499, p. 587. signatures, special forms. Forms No. 41, 42, 43, p. 17. use of terms "complainant," "orator," "plaintiff," p. 1. use of word "that," p. 1. in nature of review see subhead to "impeach decree," post. to vacate decre^ pro confesso, (U. S.) Form No. 1139, p. 1053. in nature of supplemental bill, (U. S.) Form No. 1139J, p. 1081. of discovery. Form No. 312k, p. 446. in aid of action at law, (TJ. S.) Form No. 1132, p. 1042. of interpleader (N. J.) Form No. 323a, p. 469. 1230 ' INDEX Bills — Continued of interpleader — continued (U. S.) Form No. 1133, p. 1043; Form No. 1134, p. 1045. by fire insurance company, Form No. 319, p. 460. in respect to bank deposit (Me.) Form No. 314, p. 454. (Md.) Form No. 315, p. 455. (Pa.) Form No. 320, p. 463. (B. I.) Form No. 321, p. 464. in respect to dividends due, Form No. 318, p. 459. in respect to shares of stock. Form No. 316, p. 457. in respect to sum due for purchase price of chattels. Form No. 317, p. 458. in respect to sum due from vendee of real estate. Form No. 323, p. 467. in respect to sum due on a note, Form No. 322, p. 466. in respect to sum due under building contract, Form No. 313, p. 452. of review against heirs of mortgagor, Form No. 334, p. 480. for error apparent (lU.) Form No. 347, p. 502. (Me.) Form No. 349, p. 505. (Mass.) Form No. 355, p. 510. (Mich.) Form No. 358, p. 514. (N. J.) Form No. 359, p. 515. (Pa.) Form No. 361, p. 516. (Tenn.) Form No. 362, p. 517. (W. Va.) Form No. 364, p. 518. for newly discovered evidence (ni.) Form No. 347, p. 502. (Me.) Form No. 351, p. 506. (Md.) Form No. 354, p. 509. (Mass.) Form No. 356, p. 512. (Mich.) Form No. 357, p. 513. (N. J.) Form No. 360, p. 515. (Pa.) Form No. 361, p. 516. (E. I.) Form No. 362, p. 517. of common law judgment. Form No. 356, p. 512. of decree allowing trustee's account, Form No. 361, p. 516. supplemental bill in nature of. Form No. 335b, p. 484. of revivor (before decree) by administrator of original plaintifi, Form No. 326, p. 473. supplemental, see Supplemental Bill, to annul condition in deed. Form No. 271, p. 366. to cancel and rescind contract, Form No. 105b, p. 108. to cancel deeds as invalid under tax sale. Form No. 105a, p. 106. for fraud. Form No. 1090, p. 947. given by heirs of record, owner actually having no title, Fornl No. 101, p. 100. of an unauthorized agent. Form No. 103, p. 103. of lunatic or non compos person. Forms No. 99, 100, pp. 98, 99. signed by grantor ignorant of its nature, Form No. 96, p. 94; Form No. 99, p. 98. void for forgery. Form No. 97, p. 96; Form No. 104, p. 104. to cancel instrument for mutual mistake. Form No. 184, p. 228; Form No. 195, p. 242; (see Form No. 197, p. 245). obtained by fraud (Del.) Forms No. 181, 182, pp) 221, 223. (Md.) Form No. 188, p. 233. (Mass.) Form No. 190, p. 234. INDEX 1231 Bills — Continued to cancel lapsed option agreement as cloud on title, Form No. 260a, p. 34-5. to cancel undelivered deed and record thereof. Form No. 98, p. 97; Form No. 102, p. 102; Form No. 105, p. 105. to charge stock with lien, (U. S.) Form No. 1117, p. 1002. to compel refconveyance on ground of fraud, (V. S.) Form No. 1092, p. 952. to compel removal of encroachments, Form No 202a, p. 257; Form No.' 204, p. 260. to compel repayment of money by certain persons. Form No. 312a, p. 429. to correct mistake in will. Form No. 186, p. 231. to enforce a trust by beneficial owner of savings bank book where trustee is dead, Form No. 168c, p. 202. to enforce an equitable assignment, Form No. 312b, p. 432. to enforce express trust. Form No. 168, p. 194. to enforce lien, (U. S.) Form No. 1116, p. 1000. to enforce lien on security, (Mass.) Form No. 308, p. 419. to enforce mechanics' lien or lien for materials (111.) Form No. 305, p. 415. (Me.) Form No. 306, p. 417. (Md.) Form No. 307, p. 419. (Mich.) Form No. 309, p. 422. (K. I.) Form No. 310, p. 424. ("W. Va.) Form No. 312, p. 428. to enforce oral declaration of trust, Form No. 146, p. 174. to enforce resulting or constructive trust (Del.) Form No. 139, p. 164. (111.) Form No. 142, p. 168. (Me.) Form No. 147, p. 176. (Md.) Form No. 150, p. 180. (Mass.) Form No. 156, p. 182. (N. H.) Form No. 158, p. 185. (Pa.) Form No. 162, p. 188. (R. I.) Form No. 166, p. 192. to enforce tax lien, (Fla.) Form No. 304, p. 414. to enforce trust, (U. S.) Form No. 1101, p. 972. to enforce trustee's liabilityj Form No. 168b, p. 199. to enjoin, see also ' ' to restrain, ' ' post, action at law (Mass.) Form No. 246, p. 318. (Mich.) Form No. 247, p. 320. (N. H.) Form No. 248, p. 321. (N. J.) Form No. 249, p. 323. (K. I.) Form No. 251, p. 327. (Vt.) Form No. 252, p. 329. action at law on instrument obtained by fraud. Form No. 181, p. 221. disclosure of trade secrets. Form No. 312g, p. 439. foreclosure of mortgage, Form No. 80a, p. 65. forfeiture of conditional sales agreement, Form No. 83, p. 73. forfeiture of hotel lease. Form No. 83, p. 73. forfeiture of mining lease, Form No. 84, p. 74. forfeiture of public franchise. Form No. 81, p. 68. illegal saloon. Form No. 201, p. 253; Form No. 209, p. 267; (see also Form No. 205, p. 261). infringement of patent and for an accounting, (IT. S.) Form No. 1139e, p. 1069. infringement of patent and for profits and damages, (IT. S.) Form No. 1139f, p. 1071. interference with right of way. Form No. 335a, p. 482. livery stable. Form No. 208, p. 266. nuisance, (U. S.) Forms No. 1109, 1110, pp. 990, 991. 1232 INDEX Bills — Continued to enjoin — continued obstruction of private right of way, Form No. 200, p. 251. operation of machinery, Form No. 203, p. 259. pollution of river, Form No. 202, p. 256. prosecution in another state on cause of action pending locaUy, Form No. 312i, p. 442. public nuisance (111.) Form No. 201, p. 253. (Me.) Form No. 202, p. 256. (N. H.) Form No. 205, p. 261. (N. J.) Form No. 206, p. 261. (Pa.) Form No. 206, p. 261. (W. Ta.) Form No. 209, p. 267. to enjoin refinery of oil. Form No. 207, p. 263. slaughter house. Form No. 206, p. 261. unlawful use of burial lot, Form No. 312d, p. 436. violation of trade agreement. Form No. 312j, p. 445. to establish a partnership interest in a judgment, Form> No. 253a p. 332. to establish a resulting trust. Form No. 168a, p. 195. to foreclose conditional contract, (U. S.) Form No. 1088, p. 941. to foreclose mortgage (Del.) Form No. 66, p. 37. (HI.) Form No. 69, p. 46. (Me.) Form No. 70, p. 49. (Md.) Form No. 72, p. 51. (Mich.) Form No. 75, p. 54. (N. H.) Form No. 76, p. 59. (N. J.) Form No. 77, p. 59. (Vt.) Form No. 80, p. 65. against guardian of minors. Form No. 79, p. 63. by executors. Form No. 68, p. 43. railroad mortgage. Form No. 71, p. 50; Form No. 1086, p. 932. securing bond issue (DeL) Form No. 67, p. 40. (Me.) Form No. 71, p. 50. (Mass.) Form No. 72, p. 51. (Pa.) Form No. 78, p. 61. trust mortgage, secure bonds and appoint receiver, (XT. S.) Form No. 1139a, p. 1055. to have clause in will declared void as creating a perpetuity. Form No. 274, p. 370. to impeach decree for fraud. Form No. 348, p. 503; Form No. 352, p. 507; Form No. 361, p. 516. to locate undefined right of way. Form No. 312e, p. 437. to modify trust for support of minors, Form No. 168e, p. 205. to prevent nnfair discrimination by public service company, (XJ. S.) Form No. 1119, p. 1006. to quiet title, see subhead "to remove cloud on title," post, to reach and apply, see subhead "by creditors to reach and apply," ante, to reach debt owed by third person under Mass. R. L. ch. 159, Form No. 138a, p. 160. to recover from police property stolen from plaintiff. Form No. 312c, p. 434. to recover possession of document seized by grantor, Form No. 173, p. 213. to redeem from foreclosure title obtained contrary to special agreement. Form No. 50, p. 19. from mortgage after payment, demand and refusal, Form No. 55, p. 28. INDEX 1233 BlUs — Continue d to redeem — continued from mortgage — continued after refusal to account, Form No. 51, p. 24; Form No. 54. p. 27; Form No. 58, p. 31. after tender and refusal to accept (Me.) Form No. 52, p. 25. (Mass.) Form No. 56, p. 29. (Mich.) Form No. 57, p. 30. (N. H.) Form No. 59, p. 32. (N. J.) Form No. 60, p. 32. (Pa.) Form No. 64, p. 36. (E. I.) Form No. 65, p. 37. by administrator, Form No. 83, p. 73. by part owner, Form No. 50a, p. 22. to reform contract, (U. S.) Form No. 1104, p. 977. to reform deed (Del.) Form No. 180, p. 220. (111.) Form No. 183, p. 225. (Me.) Form No. 185, p. 230. (Md.) Form No. 187, p. 232. (Mass.) Form No. 189, p. 233. (Mich.) Form No. 191, p. 236. (N. H.) Form No. 192, p. 237. (N. J.) Form No. 193, p. 238. (Pa.) Form No. 194, p. 241. (R. I.) Form No. 196, p. 244. (Vt.) Form No. 198, p. 247. (W. Va.) Form No. 199, p. 248. to remove cloud on mortgagees' foreclosure title, Form No. 263, p. 348; Form No. 264, p. 350. on title (Ala.) Form No. 254, p. 335. (Del.) Form No. 255, p. 335. (Fla.) Form No. 256, p. 337. (HI.) Form No. 257, p. 339. (Me.) Form No. 258, p. 341. (Md.) Form No. 260, p. 344. (Mass.) Form No. 259, p. 342. (Mieh.) Form No. 260a, p. 345. (N. J.) Form No. 261, p. 346; Form No. 264a, p. 352. (Pa.) Form No. 262, p. 347. (Vt.) Form No. 263, p. 348. (W. Va.) Form No. 264, p. 350. caused by recorded but undelivered trust deed. Form No. 259., p. 342. recorded voluntary deed. Form No. 260, p. 344. tax deeds. Form No. 257, p. 339. unrecorded deed, Form No. 258, p. 341. to remove trustee, (U. S.) Form No. 1102, p. 974. to restrain, see also subhead "to enjoin," ante, enforcement of judgment (Del.) Form No. 241, p. 311. (Fla.) Form No. 242, p. 314. (ni.) Form No. 243, p. 316. (Me.) Form No. 244, p. 317. (Md.) Form No. 245, p. 318. (Pa.) Form No. 250, p. 325. (W. Va.) Form No. 253, p. 331. (U. S.) Form No. 1113, p. 995. enforcement of scire facias. Form No. 241, p. 311. enforcement of writ of restitution, Form No. 243, p. 316. foreclosure, (U. S.) Form No. 1091, p. 949. 1234 INDEX Bills — Continued to restrain — continued interference with possession pending action of ejectment, (TJ. S.) Form No. 1114, p. 997. to set aside conveyance obtained by fraud, (TJ. S.) Form No. 1091, p. 949. to set aside gift obtained by fraud, (TJ. S.) Form No. 1092, p. 952. to set up lost or stolen bonds, Form No. 171, p. 212; Form No. 176, p. 217. to set up lost or stolen deed or document (Me.) Form No. 170, p. 211. (Md.) Form No. 172, p. 213. (Mass.) Form No. 173, p. 213. (Mieh.) Form No. 174, p. 215. (E. I.) Form No. 177, p. 218. (U. S.) Form No. 1103, p. 975. to set up lost or stolen note. Form No. 169, p. 210. to set up lost will, Form No. 179, p. 219. to terminate trust, Form No. 168d, p. 204. to vacate decree pro confesso, (IT. S.) Form No. 1139, p. 1053. Bond by purchaser at trustee's sale, (Del.) Form No. 965, p. 872. for injunction, see Injunction. of plaintiff to defendant on appointment of receiver, (Fla.) Form No. 972, p. 876. of receiver (Del.) Form No. 964, p. 871: (Fla.) Form No. 971, p. 875. (111.) Form No. 975, p. 878. (Me.) Form No. 977, p. 880. (Md.> Form No. 981, p. 882. (Mass.) Form No. 983, p. 883. (N. H.) Form No. 985, p. 884. (N. J.) Form No. 987, p. 885. (Pa.) Form No. 989, p. 886. (R. I.) Form No. 991, p. 888. (Vt.) Form No. 993, p. 889. (Va.) Form No. 995, p. 890. (W. Va.) Form No. 997, p. 892. of trustee, (Del.) Form No. 966, p. 872. on appeal (Del.) Form No. 967, p. 873. (Fla.) Form No. 973, p. 877. on arrest for contempt, (Me.) Form No. 979, p. 881. on ne exeat, (Me.) Form No. 978, p. 880. to execute decree pro confess©, (Ala.) Form No. 963, p. 870. United States Bonds, see United States. Cancellation of Instruments bill for rescission and cancellation of contract. Form No. 105b, p. 108. bill to cancel deeds as invalid under tax sales. Form No. 105a, p. 106. decree on bill, see Decrees, of deed, see Bills. Cemeteries bill to enjoin unlawful use of lot. Form No. 312d, p. 436. Certificates of commissioner to be attached to commission and deposition, (U. S.) Form No. 1239b, p. 1167. Certiorari upon appeal, (Pa.) Form No. 1040, p. 914. INDEX 1235 Charities petition for change of investment under charitable trust, Form No. 312 I, p. 448. Cloud on Title bill to cancel deed, see Bills. bill to remove cloud on title, see Bills. decree on bill, see Decrees. CommissieL) Form No. 968, p. 873; Form No. 969, p. 874; Form No. 970, p. 875. (m.) Form No. 974, p. 878. (Me.) Form No. 976, p. 879. (Md.) Form No. 980, p. 881. (Mass.) Form No. 982, p. 882. (N. H.) Form No. 984, p. 883. (N. J.) Form No. 986, p. 884. (Pa.) Form No. 988, p. 886. (E. I.) Form No. 990, p. 887. (Vt.) Form No. 992, p. 888. (Va.) Form No. 994, p. 889. (W. Va.) Form No. 996, p. 891. by defendant on court's refusing injunction. Form No. 982, p. 882. INDEX 1243 Injunction — Continued bond — continued for injunction against action at law or judgment, (Del.) Form No. 968, p. 873; Form No. 969, p. 874. decree for. Form No. 587, p. 673. motion to dissolve, see Motions, orders in injunction proceedings, see Orders, prayer for, see Bills, writ of. Form No. 1050, p. 919; Form No. 1289, p. 1219, Insolvent Corporations bill for dissolution of corporation, see Bills. Interlocutory Decree see Decrees; Orders. Interlocutory Orders see Orders. Interlocutory Proceedings see Motions; Orders; Petitions. Interpleader bill of interpleader, see Bills; decree on bill, see Decrees. Interrogatories see Commission; United States. Intervention petition to intervene, see Petitions. Issues to Tury answer praying, Form No. 459, p. 555. replication praying, Form No. 465a, p. 558 (see Motion for Issues to the Jury, post). Judgment bill to restrain enforcement of, see Bills, enforcement of, see Decrees. Jury issues to, see Issues to Jury; Motions. Labor TTnions . ^. v bill by members to enjoin breach of agreement by other members, Form No. 312f, p. 438. bill by creditors to enforce judgment lien, see Bills, bill to enforce mechanic's lien, see Bills, bill to enforce tax lien, see Bills, decrees on bil's, see Decrees. Lost Documents bill to set up lost or stolen deed, see Bills. Maine __„ answer, formal parts. Form No. 484, p. 578. ■U'll for dissolution of corporation, under P. L., (Me.) 1905, ch. 85; Form No. 282, p. 379. formal parts. Form No. 10, p. 7. decree, formal parts. Form No. 535, p. 630; Form No. 566, p. 665. demurrer, formal parts, Form No. 397, p. 528. oath to bill. Form No. 11, p. 8. .... , ,, . . order to show cause why preliminary injunction should not be issued, restraining order. Form No. 962a, p. 866. 1244 INDEX Maine — Continued plea, formal parts, Form No. 437, p. 547. supplemental bill in the nature of bill of review, Form No. 335b, p. 484. Mandatory Injunction biU for mandatory injunction, see Bills, decree for, Form No. 587, p. 673. Maryland answer, formal parts. Form No. 496, p. 586. bill, formal parts, Form No. 12, p. 8. demurrer, formal parts. Form No. 400, p. 529. plea, formal parts. Form No. 438, p. 548. replication. Form No. 497, p. 586. Massaclmsetts bill by beneficial owner of savings bank book to enforce trust where trustee is dead, Form No. 168c, p. 202. by members of labor union to restrain breach of agreement by members. Form No. 312f, p. 438. for rescission and cancellation of contract. Form No. 105b, p. 108. for specific performance of contract. Form No. 95c, p. 90. for specific performance of covenant in sublease. Form No. 95a, p. 88. formal parts. Form No. 13, p. 9. to cancel deeds as invalid under tax sale. Form No. 105a, p. 106. to compel repayment of money by certain persons. Form No. 312a, p. 429. to enforce an equitable assignment. Form No. 312b, p. 432. to enforce contract. Form No. 95c, p. 90. to enforce trustee's liability, Form No. 168b, p. 199. to establish a resulting trust. Form No. 168a, p. 195. to locate right of way that is undefined, Form No. 312e, p. 437. to reach and apply under E. L., eh. 159, sec. 3, clause 7, Form No. 138a, p. 160. to recover from police property stolen from plaintiff, Form No. 312c, p. 434. to restrain unlawful use of burial lot. Form No. 312d, p. 436. decree dismissing bill, Form No. 537a, p. 631. formal parts. Form No. 613, p. 686. order of notice upon order to show cause why preliminary injunc- tion should not issue. Form No. 860, p. 813. plea in abatement by administrator appointed within one year. Form No. 439, p. 548. Masters order of reference to master, see Orders, report, see Eeports; United States. Mechanics' Liens bill to enforce mechanics ' lien, see Bills. Michigan bill, formal parts, Form No. 14, p. 9. decree, formal parts. Form No. 535, p. 630. demurrer, formal parts, Forms No. 402, 403, pp. 530, 531. oath to bill. Form No. 15, p. 10. plea, formal parts, Form No. 440, p. 549. Mississippi bill, formal parts, Note, p. 10. INDEX 1245 Mistake bill to cancel instiument for, see Bills. Mortgage bUls to enjoin foreclosure, see Bills. to enjoin mortgagor from depleting security, see Bills. to foreclose mortgage, see Bills. to redeem from mortgage, see Bills. ' decree bill for foreclosure, see Decrees. on bill for redemption, see Decrees. Motions see also Petitions; United States, by defendant to dismiss bill Form No. 684, p. 720; Form No. 686, p. 722. because of plaintiff's bankruptcy. Form No. 682, p. 720. for want of jurisdiction, Form No. 679, p. 719. for want of prosecution, Form No. 680, p. 719. on abatement of suit by death of plaintiff. Form No. 681, p. 719. on ground of res judicata. Form No. 685, p. 721. on submission to plaintiff's demand. Form No. 683, p. 720. by plaintiff to dismiss the bill (Ala.) Form No. 673, p. 717. (Fla.) Forms No. 674, 675, pp. 717, 718. (111.) Form No. 676, p. 718. (Me.) Forms No. 677, 678, pp. 718, 719. (W. Va.) Form No. 687, p. 722. by minor to dismiss the bill on coming of age. Form No. 678, p. 719. for appeal, see Appeal, for appointment of master to pass on receiver's account. Form No. 808, p. 782. for chancery commission to take testimony (Del.) Form No. 706, p. 727. (Md.) Form No. 707, p. 728. (Mass.) Note, p. 728. (E. I.) Form No! 708, p. 729. for dismissal when defendant has received satisfaction. Form No. 674, p. 717. without prejudice. Form No. 673, p. 717; Form No. 675, p. 718; Form No. 687, p. 722. for further and better statement, (U. S.) Form No. 1200o, p. 1126. for injunction, Form No. 773, p. 761. for issues to the jury (III.) Form No. 722, p. 733. (Me.) Form No. 723, p. 733. (Md.) Form No. 724, p. 734. (Mass.) Form No. 725, p. 734. (Pa.) Notes, p. 735. (E. I.) Form No. 726, p. 735. (Vt.) Form No. 727, p. 735. (W. Va.) Form No. 728, p. 735. for leave to file cross bill. Form No. 776, p. 762. for particulars, (U. S.) Form No. 1200d, p. 1126. for preliminary injunction and restraining order. Form No. 782a, p. 765. for preliminary injunction restraining infringement of patent, (TJ. 8.) Form No. 1200a, p. 1126. for security for costs, Form No. 772, p. 760. formal parts, (U. S.) Form No. 1154, p. 1109. notice of, to discharge rule to show cause, Form No. 824a, p. 796. 1246 INDEX Motions — Continued to allow repairs and make >them a charge upon property, (U. S.) Form No. 1200h, p. 1139. to amend answer, Form No. 700, p. 726; Form No. 704, p. 727; Form No. 780, p. 764. bill or for leave to file amended bill (Del.) Form No. 688, p. 722. (HI.) Forms No. 689, 690, p. 723. (Me.) Form No. 691, p. 723; Form No. 692, p. 723; Porm No. 693, p. 724; Form No. 697, p. 725. (Md.) Form No. 698, p. 725. (Mass.) Form No. 699, p. 725. (N. H.) Form No. 700, p. 726. (Pa.) Form No. 701, p. 726. . (E. I.) Form No. 703, p. 726. (W. Va.) Form No. 705, p. 727. by changing action from law to equity or from equity to law. Form No. 694, p. 724; Form No. 695, p. 724. to compel election between law and equity. Form No. 769, p. 759; Form No. 775, p. 761. to correct prseeipe, (TJ. S.) Form No. 1200f, p. 1128. to dismiss for want of necessary party, (U. S.) Form No. 1200e, p. 1128. to dissolve injunction (HI.) Form No. 729, p. 736. (Me.) Form No. 730, p. 736. (Md.) Form No. 731, p. 736. (Mass.) Form No. 732, p..736. (Mich.) Form No. 733, p. 736. (N. H.) Form No. 734, p. 737. (R. I.) Form No. 735, p., 737. (Vt) Form No. 736, p. 737. (W. Va.) Form No. 737, p. 738. to file repU'cation nunc pro tune, Form No. 764, p. 758. to recommit report. Form No. 777, p. 762. to revive ease, (E. I.) Form No. 332, p. 479. to rule further proceedings. Form No. 771, p. 760. to set for hearing (Del.) Form No. 715, p. 731. (Dl.) Form No. 716, p. 731. (Me.) Form No. 717, p. 732. (Md.) Form No. 718, p. 732. (Mass.) Form No. 719, p. 732. (Pa.) Note, p. 732. (E. I.) Form No. 720, p. 732. (W. Va.) Form No. 721, p. 733. to strike out answer, (U. S.) Form No. 1200b, p. 1126. to take bill pro confesso (Fla.) Form No. 709, p. 729. (Me.) Form No. 710, p. 730. (Md.) Form No. 711, p. 730. (Mass.) Form No. 712, p. 730. (N. H.) Form No. 713, p. 730. (R. I.) Form No. 714, p. 731. (IT. S.) Form No. 12001, p. 1129. to withdraw demurrer or plea, Form No. 768, p. 759; Form No. 779, p. 764. to withdraw replication and amend bill. Form No. 697, p. 725. Ne Exeat order ne exeat, see Orders. petition for ne exeat, see Petitions. writ of ne exeat, see Writs. INDEX 1247 New Hampshire answer, formal parts, Note, p. 588; Form No. 500, p. 589. bill, formal parts. Form No. 16, p. 10. decree, formal parts, Forms No. 628-632, pp. 694-695. demurrer, formal parts. Form No. 404, p. 531. plea, formal parts, Form No. 441, p. 550. replication, Form No. 504, p. 591. New Jersey answer to bill to quiet title, Form No. 530a, p. 623. to special replication on bill to quiet title, Form No. 530c, p. 625. bill by stockholders for receiver and dissolution of corporation and injunction. Form No. 294a, p. 394. for specific performance where complainant unprepared to per- form at agreed time. Form No. 95b, p. 89. formal parts, Form No. 17, p. 11. of interpleader. Form No. 323a, p. 469. to enjoin disclosure of trade secrets. Form No. 312g, p. 439. to establish a partnership interest in a judgment. Form No. 253a p. 332. to quiet title, Form No. 264a, p. 352. creditors ' bill for setting aside conveyance, Form No. 138b, p, 161. decree formal parts. Form No. 540, p. 632. in interpleader suit. Form No. 672b, p. 715. to establish partnership interest in judgment, Form No. 672a, p. 714. demurrer, formal parts, Form No. 405, p. 532. notice of motion to discharge rule to show cause. Form No. 824a, p. 796. order appointing receiver. Form No. 962b, p. 866. j to show cause, restraining order and appointment of temjtorary receiver, Form No. 962c, p. 868. petition by junior mortgagee for receiver pending foreclosure of senior mortgage, Form No. 741a, p. 742. plea, formal parts, Form No. 443, p. 552. prayer for injunction. Form No. 46, p. 17. replication. Form No. 511, p. 602. special replication to answer on bill to quiet title. Form No. 530b, p. 624. supplemental bill, formal parts. Form No. 330, p. 477. Notice of appeal, see Appeal. of hearing. Form No. 811, p. 790. of motion or petition (Ala.) Form No. 810, p. 790. (Fla.) Form No. 812, p. 790. (111.) Form, No. 813, p. 791. (Me.) Forms No. 815, 816, pp. 792, 793. (Mass.) Form No. 818, p. 793. (Mich.) Form No. 820, p. 794. (N. J.) Form No. 821, p. 794. (Pa.) Form No. 822, p. 795. (E. I.) Form No. 838, p. 802. / (Vt.) Form No. 823, p. 795. (W. Va.) Form No. 824, p. 795. for chancery commission. Form No. 814, p. 792. to discharge rule to show cause, Form No. 824a, p. 796. 1248 INDEX Notice — Continued of taking of depositions. Form No. 817, p. 793; see also United States. Ntuisance bill to enjoin, see Bills; decrees on bills, see Decrees, information by attorney general to enjoin. Form No. 209a, p. 269. Oatb to Bill (Fla.) Form No. 8, p. 6. (Me.) Form No. 10, p. 7. (Mich.) Form No. 14, p. 9. (Va.) Form No. 23, p. 14. Ordeis allowing appeal, (V. S.) Form No. 1239f, p. 1170. allowing appeal and partial supersedeas, (tJ. S.) Form No. 1239e. p. 1169. appointing administrator ad litem. Form No. 945, p. 858. appointing guardian ad litem (Ala.) Form No. 944, p. 857. (Del.) Form No. 946, p. 858. (Fla.) Form No. 947, p. 859. appointing receiver, Form No. 962b, p. 866. of corporation (Del.) Forms No. 937, 938, pp. 851, 852. (Me.) Forms No. 939, 940, pp. 853, 854. (Vt.) Form No. 942, p. 856. (W. Va.) Form No. 943, p. 856. of real estate, Form No. 941, p. 855. appointing trustee. Form No. 950, p. 861. approving bond to execute decree pro confesso, (Ala.) Form No. 963, p. 870. authorizing loan to receiver, (U. S.) Form No. 1221b, p. 1145. to preserve property (U. S.) Form No. 1221cc, p. 1147. authorizing receiver's certificates. Form No. 940, p. 854. authorizing sale by receiver (DeL) Form No. 872, p. 819. (lU.) Form No. 874, p. 821. (Me.) Forms No. 875, 876, p. 822. (Md.) Forms No. 877, 878, pp. 822, 823. (Mass.) Form No. 879, p. 823. (Mich.) Form No. 880, p. 823. (N. J.) Form No. 881, p. 824. (Pa.) Form No. 882, p. 824. (E. I.) Form No. 883, p. 825. by consent, see Decrees, confirming account and discharging receiver, Form No. 886, p. 828; Form No. 892, p. 830; Form No. 894, p. 830. confirming purchase by receiver. Form No. 889, p. 829. confirming sale by receiver (Del.) Form No. 884, p. 825. (Me.) Form No. 887, p. 828. (Md.) Note, p. 774. (Pa.) Form No. 893, p. 830. confirming sale by trustee, Form No. 885, p. 826; Form No. 891,- p. 830; Form No. 890, p. 829. directing issues to jury (Del.) Form No. 909, p. 839. (111.) Form No. 911, p. 840. (Me.) Forms No. 912, 913, pp. 840, 841. (Mass.) Form No. 914, p. 841. (Mich.) Form No. 915, p. 842. INDEX 1249 Orders— Continued directing issues to jury — continued (Pa.) Form No. 916, p. 842. (W. Va.) Form No. 917, p. 842. discharging trustee, Form No. 957, p. 864. dissolving injunction. Form No. 959, p. 865; Form No. 962, p. 866. fixing bond for decree pro confesso, (Ala.) Form No. 948, p. 860. for appeal, see Appeal. for chancery commission to take testimony see also Commission. (Del.) Form No. 839, p. 803. (Md.) Form No. 845, p. 806. (Pa.) Form No. 848, p. 808. (R. I.) Form No. 849, p. 809. (IT. S.) Form No. 1239J, p. 1171. for preliminary or temporary injunction (Del.) Form No. 852, p. 810. (HI.) Form No. 855, p. 812. (Me.) Forms No. 856, 859, pp. 812, 813. (Mich.) Form No. 861, p. 814. (N. H.) Form No. 863, p. 815. (N. J.) Form No. 865, p. 816. (Pa.) Form No. 866, p. 817. (E. I.) Form No. 868, p. 817. (Vt.) Form No. 870, p. 818. (W. Va.) Form No. 871, p. 818. enjoining infringement of patent, (U. S.) Form No. 12391, p. 1171. on bill to restrain private nuisance. Form No. 852, p. 810. for reproduction of testimony in exact words of witnesses, (U. S.) Form No. 1239g, p. 1170. for security for co^ts. Form No. 954, p. 863. granting leave to sue receivers, (TJ. S.) Form No. 1239c, p. 1168. ne exeat, for writ. Forms No. 952, 953, pp. 862, 863. nisi on trustee's sale, Form No. 890, p. 829. of notice for temporary injunction (Del.) Form No. 853, p. 811. (Me.) Form No. 857, p. 812. (Mass.) Form No. 860, p. 813. (N. J.) Form No. 864, p. 815. (E. I.) Form No. 869, p. 818. of notice on bill (Me.) Form No. 833, p. 800. (N. H.) Form No. 835, p. 801. (E. I.) Form No. 837, p. 802. of notice upon order to show cause why preliminary injunction should not issue, Form No. 860, p. 813. of publication (Del.) Form No. 825, p. 797. (Fla.) Forms No. 830, 831, 832, pp. 798, 799. of ratification of auditor 'a account, releasing old and appointing new trustee. Form No. 888, p. 828. of reference to master (Ala.) Form No. 895, p. 831. (Del.) Form No. 896, p. 833. (Fla.) Form No. 897, p. 833. (111.) Form No. 898, p. 834. (Me.) Form No. 899, p. 834. (Md.) Form No. 900, p. 835. (Mass.) Form No. 901, p. 835. (Mich.) Form No. 902, p. 836. (N. H.) Form No. 903, p. 836. (N. J.) Form No. 904, p. 837. (Pa.) Form Nc 505. p. 837. 1250 INDEX Ordeis — Continued of reference to master— continued (R. I.) Form No. 906, p. 838. (Vt.) Form No. 907, p. 838. (W. Va,) Form No. 908, p. 839. in partition proceedings, Form No. 905, p. 837. on administrator's petition for settlement of account. Form No. 895, p. 831. on bill for dissolution of partnership. Form No. 899, p. 834. on bill for divorce, Form No. 902, p. 836. on bill to dissolve corporation, Form No. 896, p. 833. on foreclosure bill. Form No. 897, p. 833; Form No. 906, p. 838. on receiver's report. Form No. 907, p. 838. on nonresident to appear and answer, (U. S.) Form No. 1239h, p. 1170. on petition for intervention and appointment of receiver. Form No. 809a, p. 783. on petition for summary order to hold meeting for election of di- rectors. Form No. 809b, p. 785. overruling demurrer. Form No. 960, p. 865. overruling exceptions and confirming report of register, (Ala.) Form No. 949, p. 860. pro confesso, see Decrees, ante. recommitting master's report, Form No. 961, p. 865. removing guardian ad litem, Form No. 951, p. 862. setting case for hearing. Form No. 956, p. 863. to amend. Form No. 958, p. 864. to amend bill. Form No. 702, p. 726. to file statement showing extent of infringement, (V. S.) Form No. 1239d, p. 1169. to show cause in contempt proceedings, Form No. 955, p. 863. on biU, Form No. 826, p. 797; Form No. 834, p. 800. on petition, Form No. 827, p. 798. on receiver's report, Form No. 836, p. 801. restraining order and appointment of temporary receiver, Form No. 962c, p. 868. why preliminary injunction should not be issued, restraining order. Form No. 962a, p. 866. to take deposition on oral interrogatories, (U. S.) Form No. 1239a, p. 1167. Partition biU for partition, see Bills. decree on bill for partition, see Decrees. order of reference, see Orders. Partnership bills bill for dissolution, see BiUs. to establish a partnership interest in a judgment, Form No. 253a, p. 332. decree on bill for dissolution, see Decrees. to estabUsh interest in judgment, Form No. 672a, p. 714. Patents see United States, answer to bill for infringement, (TJ. S.) Form No. 1153a, p. 1103. to bill to enjoin infringement of, and for profits, (TJ. S.) Form No. 1153b, p. 1104. biU for infringement, (U. S.) Form No. 1139e, p. 1069. INDEX 1251 Patents— Continued bill — continued for specific performance of agreement assigning, (U. S.) Form No. 1139g, p. 1073. to enjoin infringement and for profits and damages, (U. S.) Form No. 1139f, p. 1071. decree after mandate establishing validity of patent and infringement thereof, (U. S.) Form No. 1264d, p. 1197. establishing validity of, declaring infringement and accounting for profits, (U. S.) Form No. 1264b, p. 1196. motion for preliminary injunction restraining infringement of, (U. S.) Form No. 1200a, p. 1126. order for preliminary injunction enjoining infringement of patent, (U. S.) Form No. 12391, p. 1171. order to file statement showing extent of infringement, (U. S.) Form No. 1239d, p. 1169. PennsylTania answer, formal parts. Form No. 515, p. 606. bill, formal parts. Form No. 18, p. 11. creditor 's bill for discovery and interrogatories. Forms No. 135, 136, pp. 156, 157. decree. Form No. 541, p. 632; Forms No. 636-642, pp. 698-700. decree by consent. Form No. 636, p. 698. demurrer, formal parts. Form No. 406, p. 532. note regarding scire facias for enforcement of liens, p. 424. Petitions by ancillary receiver to pay insurance, (U. S.) Form No. 1212, p. 1138. by junior mortgagee for receiver pending foreclosure of senior mort- gage, Form No. 741a, p. 742. by prior mortgagor to intervene, (U. S.) Form No. 1221 1, p. 1154. By receiver for confirmation of report. Form No. 784, p. 768. for confirmation of report and for instructions, (U. S.) Form No. 1213, p. 1139. for confirmation of sale (ni.) Form No. 786, p. 770. (Me.) Form No. 789, p. 772. (Md.) Form No. 793, p. 774. (Mass.) Form No. 796, p. 775. (N. H.) Form No. 799, p. 777. (Pa.) Forms No. 803, 804, p. 780. for discharge, Form No. 784, p. 768; Form No. 791, p. 773; Form No. 1214, p. 1139. for dissolution of corporation. Form No. 801, p. 778. for instructions. Form No. 806, p. 781. for leave to borrow. Form No. 798, p. 776. for leave to borrow on receivers' certificates, (U. S.) Form No.- 1208, p. 1135. for leave to purchase, Form No. 787, p. 771; Form No. 794, p. 774. for leave to sell (Del.) Form No. 783, p. 767. (ni.) Form No. 785, p. 769. (Me.) Form No. 788, p. 772. (Md.) Form No. 792, p. 773. (Mass.) Form No. 795, p. 775. (N. H.) Form No. 797, p. 776. (N. J.) Form No. 800, p. 778. (Pa.) Form No. 802, p. 779. (E. I.) Form No. 805, p. 781. (Vt.) Form No. 807, p. 782. 1252 INDEX Peititions — Continued by receiver — continued for leave to sell — continue I (W. Va.) Form No. S09, p. 783. (U. S.) Forms No. 1206, 1207, pp. 1133, 1134. for leave to sue, Form No. 790, p. 773. for order limiting time for proof of claims, (IT. S.) Form No. 1210, p. 1137. to borrow money, (U. S.) Form No. 1221a, p. 1145. to borrow money to preserve property, (U. S.) Form No. 1221c, p. 1146. to intervene. Form No. 750, p. 751. by trustee under mortgage for leave to sue receivers for purpose of foreclosing mortgage, (XT. S.) Form No. 1221j, p. 1152. for appeal and continuance of injunction, (TJ. S.) Form No. 1221h, p. 1151. for appeal and suspension of injunction, (IT. S.) Form No. 1221g, p. 1151. for appointment of guardian ad litem (Del.) Forms No. 756, 757, 758, pp. 754, 755. (Me.) Form No. 762, p. 757. (W. Va.) Form No. 781, p. 764. for appointment of receiver in pending cause (111.) Form No. 738, p. 738. (Me.) Form No. 739, p. 739. (E. I.) Form No. 740, p. 739. (W. Va.) Form No. 741, p. 740. of corporation (Mass.) Form No. 286, p. 382. of partnership assets, Form No. 739, p. 739. of rents and profits, Form No. 740, p. 739. of rents of leased premises, Form No. 738, p. 738. for appointment of special commissioner to take deposition, (tj. S.) Form No. 12211, p. 1151. for attachment, Form No. 774, p. 761; see also Form No. 767, p. 759. for change of investment under charitable trust. Form No. 3121, p. 448. for confirmation of report of master and for instructions, (U. S.) Form No. 1216, p. 1142. for contempt. Form No. 778, p. 762. for disobedience of order, (U. S.) Form No. 1221f, p. 1150. for dissolution and appointment of receiver, Form No. 292, p. 389. for dissolution of corporation; see also Bills. (Mass.) Form No. 285, p. 382. (N. H.) Form No. 288, p. 384. (Pa.) Form No. 290, p. 387. (E. I.) Form No. 291, p. 388. for foreclosure of mortgage, (Md.) Form No. 73, p. 52. for foreclosure sale. Form No. 763, p. 758. for intervention and appointment of receiver, Form No. 809a, p. 783. for issuance of subpoena, (U. S.) Form No. 1221e, p. 1149. for issue of stock certificate to replace lost certificate, (N. H.) Form No. 175, p. 216. for leave to file bill against receiver, (U. S.) Form No. 1215, p. 1139. for leave to file bill of review. Form No. 350, p. 506. for leave to file supplemental bill, (U. S.) Form No. 1221k, p. 1153. for leave to issue receiver's certificate, (U. S.) Form No. 1221d, p. 1148. for removal of guardian ad litem. Form No. 759, p. 755. for review of decree, (Me.) Form No. 353, p. 508. for satisfaction of mortgage, (Pa.) Forms No. 61-63, pp. 34, 35. for summary order to hold meeting for election of directors. Form No. 809b, p. 785. INDEX 1253 Petitdons — Continued for temporary injunction pending the cause, Form No. 761, p. 757; Form No. 782, p. 765. for writ ne exeat, Form No. 756, p. 754. for writ of assistance. Form No. 766, p. 759; Form No. 1217, p. 1142. for writ of attachment, Form No. 767, p. 759; see also Form No. 774, p. 761; (U. S.) Form No. 1218, p. 1143. receivers' petition for order confirming sale and for order to present claims, (U. S.) Form No. 1221n, p. 1158. relating to trusts (Mass.) Forms No. 152-155, pp. 180, 181. (Pa.) Form No. 160, p. 187. (E. I.) Form No. 163, p. 189. to cancel forged deed, (Pa.) Form No. 103, p. 103. to enjoin nuisance, (N. H.) Form No. 205, p. 261. to fix bond on decree pro confesso, (Ala.) Form No. 754, p. 753. to intervene / against both plaintiff and defendant in proceedings on a will. Form No. 748, p. 748. as co-defendant (Del.) Form No. 742, p. 744. (Mass.) Form No. 747, p. 747. (N. J.) Form No. 749, p. 750. ' (W. Va.) Form No. 753, p. 752. as co-plaintiff (111.) Form No. 742, p. 744. (Me.) Form No. 744, p. 746. (Md.) Form No. 746, p. 747. (E. I.) Form No. 752, p. 752. by corporation interested in fund in litigation. Form No. 751, p. 751. by executor or administrator, Form No. 745, p. 747. by receiver of partnership in suit against partners, Form No. 750, p. 751. in ancillary receivership, (U. S.) Form No. 1221m, p. 1157. to open or set aside decrees pro confesso, Form No. 755, p. 753; Form No. 770, p. 760. to remove disability of minority. Form No. 760, p. 756. Plea accompanied by answer, Form No. 423, p. 540. formal parts (ni.) Forms No. 435, 436, pp. 545, 546. (Me.) Form No. 437, p. 547. (Md.) Form No. 438, p. 548. (Mass.) Form No. 439, p. 548. (Mich.) Form No. 440, p. 549. (N. H.) Form No. 441, p. 550. (N. J.) Form No. 443, p. 552. (Pa.) Note, p. 552. (E. I.) Note, p. 552. (Tenn.) Form No. 444, p. 553. (W. Va.) Form No. 445, p. 553. in abatement by administrator appointed within one year, (Mass.) Form No. 439, p. 548. in answer. Form No. 434, p. 544; Form No. 500, p. 589; Form No. 502, p. 589. joint and several. Form No. 444, p. 553. of account stated. Form No. 424, p. 540. of an award, Forms No. 429, 430, pp. 542, 543. of another suit pending. Form No. 416, p. 538; Form No. 436, p. 546. of bona fide purchase for value, Forms No. 425-428, pp. 541, 542; (N. H.) Form No. 442, p. 551. of infancy to bill without next friend or guardian. Form No. 412, p. 537. 1254 INDEX Plea — Continued of insanity to bill -without guardian, Form No. 413, p. 537. of release, supported by answer denying fraud, Form No. 423, p. 540. of res adjudicata, Form No. 422, p. 539. of statute of frauds. Forms No. 420, 421, p. 539. of statute of limitations. Forms No. 418, 419, pp. 538, 539. of Tvant of interest in plaintiff. Form No. 415, p. 537. of want of necessary party, Form No. 417, p. 538. protestation clause, Form No. 431, p. 543. that plaintiff is not administrator, Form No. 414, p. 537. to part, answer to residue. Form No. 432, p. 544. to part, demurrer to part, answer to residue. Form No. 433, p. 544. to the jurisdiction (lU.) Form No. 435, p. 545. (Md.) Form No. 438, p. 548. (Mich.) Form No. 440^ p. 549. (N. H.) Form No. 441, p. 550. (N. J.) Form No. 443, p. 552. v Possession writ of, in foreclosure proceedings, (Vt.) Form No. 105, p. 105. Praecipe for decree pro confesso, (Fla.) Form No. 923, p. 845. Prayer see Bills. for issues to jury, see Issues to Jury. Preliminary Injunctions see Orders; Bestraining Order. Pro Confesso bill pro confesso, see BUls. decree pro confesso, see Decrees, motion to take, see Motions. United States, see United States. Protestation Clause see Answer; Demurrer; Plea. Quieting Title answer. Form No. 530a, p. 623. answer to special replication. Form No. 530c, p. 625. bill to remove cloud on title, see Bills. special replication to answer on bill. Form No. 530b, p. 624. Eeceivers bill for appointment of, see Bills. bill for dissolution of corporation, see Bills. bill for dissolution of partnership, see Bills. bond of receiver, see Bonds. decree appointing ancillary, (U. S.) Form No. 1264a, p. 1194. decree on receiver's report, see Decrees. order appointing. Form No. 962b, p. 866. appointing temporary, Form No. 962c, p. 868. authorizing loan to, (U. S.) Form No. 1221b, p. 1145. granting leave to sue, (U. S.) Form No. 1239c, p. 1168. petition by junior mortgagee for, pending foreclosure of senior mortgage, Form No. 741a, p. 742. by receiver, see Petitions. for appointment of. Form No. 292, p. 389; see also Petitions. for appointment of and order on. Form No. 809a, p. 783. INDEX 1255 Receivers — Continued petition — continued for leave to issue certificates, (TJ. S.) Form No. 1221d, p. 1148. for order confirming sale and for order to present claims, (U. S.) Form No. 1221n, p. 1158. for summary order to hold meeting for election of directors, Form No. 809b, p. 785. to borrow money, (U. S.) Form No. 1221a, p. 1145. to borrow money to preserve property, (U. S.) Form No. 1221c, p. 1146. prayer for, see BUls. report by, see Eeports. Keceivers' Certificates decree for, (V. S.) Form No. 1253, p. 1187. order authorizing receiver's certificates see Orders. (U. S.) Form No. 1254, p. 1188. petition by receiver for leave to borrow on, order of notice thereon, and proof of service of notice, Forms No. 1208, 1209, pp. 1135, 1137. Beformation of Seeds bill to reform deed, see Bills, decree on bill, see Decrees. KepUcatlon early chancery form, Form No. 464, p. 557. formal parts (Fla.) Form No. 482, p. 575. (Md.) Form No. 497, p. 586. (N. H.) Note, p. 591. (N. J.) Form No. 511, p. 602. praying issues to jury. Form No. 465a, p. 558. short form, Form No. 465, p. 558. special replication on bill to quiet title, Form No. 530c, p. 625. to answer as cross bill (N. J.) Form No. 506, p. 594. (W. Va.) Form No. 524, p. 614. to answer to bill for foreclosuie. Form No. 504, p. 591. to answer to biU for specific performance, Form No. 506, p. 594. Beports and account by master or commissioner (111.) Form No. 998, p. 893. (Me.) Form No. 1000, p. 894. (Md.) Form No. 1102, p. 974. (Mass.) Form No. 1005, p. 896. (N. J.) Form No. 1009, p. 898. (Pa.) Forms No. 1011, 1012, 1013, pp. 900, 901. (E. I.) Form No. 1015, p. 903. (Vt.) Form No. 1016, p. 903. (W. Va.) Form No. 1017, p. 904. (U. S.) Forms No. 1267-1268, pp. 1205-1206. and account by receiver (111.) Form No. 999, p. 893. (Me.) Form No. 1001, p. 895. (Mass.) Forms No. 1003, 1004, pp. 895, 896. (N. J.) Forms No. 1008, 1010, pp. 897, 899. (E. I.) Form No. 1014, p. 902. (W. Va.) Form No. 1018, p. 905. (U. S.) Form No. 1272, p. 1208. of case on appeal, s?e Appeals. 1256 INDEX Bestraining Orders see also United States, forms of (Del.) Forms No. 851, 853, pp. 810, 811. (111.) Form No. 854, p. 811. (Me.) Form No. 857, p. 812. (Md.) Form No. 858, p. 813. (Mich.) Form No. 862, p. 814. (N. J.) Form No. 864, p. 815. (Pa.) Form No. 867, p. 817. (R. I.) Form No. 869, p. 818. on bill for specific performance, Form No. 851, p. 810. Kesultiug Trust bill to establish, see Bills. Betums service of order to show cause, (tJ. S.) Form No. 1294, p. 1221. service of subpoena, (U. S.) Form No. 1293, p. 1221. Eevlew bill of, see Bills. Revivor decree on bill of revivor, see Decrees. Bhode Island bill by trustee for instructions, Form No. 168f, p. 207. for assignment of dower, Form No. 312h, p. 441. formal parts. Form No. 19, p. 12. of discovery. Form No. 312k, p. 446. to enjoin foreclosure of mortgage. Form No. 80a, p. 65. to enjoin mortgagor from depleting security. Form No. 80b, p. 66. to enjoin violation of trade agreement. Form No. 312j, p. 445. to modify terms of trust for support of minors. Form No. 168e, p. 205. to restrain prosecution in another state on cause of action pend- ing locally, Form No. 312i, p. 442. to terminate trust, Form No. 168d, p. 204. decree, formal parts, Form No. 542, p. 633. demurrer, formal parts, Form No. 407, p. 533. note regarding cross bills, p. 498. petition for change of investment under charitable trust. Form No. 312 1, p. 448. for dissolution and appointment of receiver, Form No. 292, p. 389. EigM of Way bill to enjoin obstruction, see Bills. Bules see Orders. Scandal see Exceptions. Sequestration writ of, Form No. 1058, p. 923. Set-off see United States. INDEX 1257 Sbow Cause Order see Orders. Signatures see Bills; Answers. Specific Performance bill for, see Bills. (U. S.) Form No. 1139b, p. 1062. decree on bill for specific performance, see Decrees. Stockholders' Liability bill by creditors to enforce stockholders' liability, see Bills; decree on bill, see Decrees. Stolen Document bill to set up lost or stolen document, see Bills. Subpoena ofiacer's return of service, (U. S.) Form No. 1293, p. 1221. Supersedeas writ of, (Va.) Form No. 1045, p. 915. Supplemental Bill after decree, Form No. 331, p. 478. against trustee of bankrupt, Form No. 325, p. 473; Form No. 333> p. 480. by assignee, Form No. 324, p. 472. for facts occurring subsequent to filing of original bill, Forms No. 328. 329, pp. 474, 476. formal parts (N. J.) Form No. 330, p. 477. (W. Va.) Form No. 335, p. 481. (U. S.) Form No. 1138, p. 1051. to add new parties. Form No. 327, p. 474; Form No. 335, p. 481, Tax Sales bill to cancel deeds as invalid under, Form No. 105a, p. 106. Temporary Injunctions see Orders; Eestraining Orders. Tennessee answer, formal parts, Form No. 519, p. 610. bill, formal parts. Form No.. 20, p. 12. demurrer, formal parts. Form No. 408, p. 534. plea, formal parts, Form No. 444, p. 553. Testimony motion for chancery commission, see Motions. Trade-Marks see United States. Trustee in Bankruptcy bill by trustee in bankruptcy, see Bills. Trusts bill by trustee. Form No. 168f, p. 207. for accounting against trustee, see Bills, for appointment of trustee, see Bills, for discharge of trustee, see Bills. 1258 INDEX Trusts — Continued bill — continued removal of trustee, see Bills. to enforce trust, see Bills. to enforce trustee's liability, see Bills. to modify terms of trust for support of minors, Form No. 168e, p. 205. to terminate. Form No. 168d, p. 204. decree on bill, see Bills, petition for change of investment under charitable trust. Form No. 312 1, p. 448. relating to trusts, see Petitions. United States (see Note, p. 925.) afSdavit for ne exeat. Form No. 1200, p. 1125. in copyright case. Form No. 1129, p. 1035. of having given notice. Form No. 1211, p. 1138. answer formal parts. Form No. 1150, p. 1101. in lieu of demurrer, Form No. 1149, p. 1100. in lieu of plea, Form No. 1150, p. 1101. setting up counterclaim or set-off, Form No. 1148, p. 1099. supplemental, motion to file, Forms No. 1195, 1196, p. 1124. to bill for appointment of receiver. Form No. 1141, p. 1086. to bill for infringement of patent and accounting. Form No. 1153a, p. 1103. to bill for mandatory injunction. Form No. 1143, p. 1089. to bill to enjoin fraudulent competition. Form No. 1144, p. 1093. to bill to enjoin infringement of copyright. Form No. 1147, p. 1098. to bill to enjoin infringement of patent. Form No'. 1146, p. 1096. to bill to enjoin infringement of patent and for profits, Form No. 1153b, p. 1104. to bill to enjoin infringement of trade-mark. Form No. 1145, p. 1095. to bill to set aside transfer obtained by fraud. Form No. 1142, p. 1087. appeal assignment of errors on. Form No. 1273, p. 1209; Form No. 1276, p. 1210. bond. Form No. 1281, p. 1214. citation on. Form No. 1279, p. 1211. prfficipe on, Forms No. 1277, 1278, pp. 1210, 1211. to circuit court of appeals, petition for. Forms No. 1273, 1274, p. 1209. to supreme court, petition for. Form No. 1275, p. 1210. assignment of error on appeal. Form No. 1273, p. 1209; Form No. 1276, p. 1210; Form No. 1280a, p. 1212. assistance, writ of, Form No. 1291, p. 1220. attachment, petition for, and af&davit. Forms No. 1218, 1219. 1220, pp. 1143-1144. bill against corporation to restrain performance of ultra vires con- tract, Form No. 1100, p. 969. by creditors for appointment of receiver. Form No. 1106, p. 979: Form No. 1107, p. 981; Form No. 1108, p. 985. by creditors to reach and apply property. Form No. 1105, p. 978. by foreign partnership to enjoin infringement of trade-mark, accounting. Form No. 1139h, p. 1076. by minority stockholders, Forms No. 1098, 1099, pp. 964, 967. INDEX 1259 United States — Continued bill — continue d by trustee in bankruptcy to reach and apply a mortgage note, Form No. 1097, p. 962. to recover a preference, Forms No. 1093, 1094, pp. 953, 955. to set aside fraudulent conveyance, Forms No. 1095, 1096, pp. 956, 959. for accounting by second mortgage, Form No. 1087, p. 939. on insurance policy, Form No. 1118, p. 1004. for appointment of ancillary receivers, Form No. 1135, p. 1045; Form No. 1136, p. 1048; Form No. 1137, p. 1049. for benefit of creditors. Form No. 1139c, p. 1064. for construction of ■will. Form No. 1115, p. 999. for dissolution of partnership, Form No. 1112, p. 994. for mandatory injunction, Form No. 1120, p. 1008. for partition. Form No. 1111, p. 993. for specific performance. Form No. 1089, p. 946; Form No. 1139b, p. 1062. of agreement assigning patent. Form No. 1139g, p. 1073. formal parts address. Form No. 1061, p. 926, caption, Form No. 1060, p. 926. introduction to the bill, Forms No. 1062-1075, pp. 926-929. jurisdictional grounds. Form No. 1076, p. 929. prayer for injunction and subpoena, Form No. 1081, p. 930. prayer for process, Form No. 1080, p. 930. prayers for relief. Forms No. 1077-1079, p. 930. signatures, Forms No. 1082-1082d, p. 931. verification, Form No. 1083, p. 932. verification by corporation, Form No. 1084, p. 932. in nature of review to vacate decree pro confesso. Form No. 1139, p. 1053. in nature of supplemental bill, Form No. 1139j, p. 1081. of discovery in aid of action at law. Form No. 1132, p. 1042. of interpleader, and affidavit, Forms No. 1133, 1134, pp. 1043, 1045. to cancel deed for fraud. Form No. 1090, p. 947. to charge stock with lien, Form No. 1117, p. 1002. to compel assignment of patents and enjoin transfer of same, Form No. 1123, p. 1016. to compel reconveyance on ground of fraud, Form No. 1092, p. 952. to enforce lien. Form No. 1116, p. 1000. to enforce trust. Form No. 1101, p. 972. , to enjoin infringement of copyright of calendar, Form No. 1131, p. 1041. to enjoin infringement of copyright of map. Form No. 1128, p. 1033. to enjoin infringement of copyright of report of decisions. Form No. 1130, p. 1035. to enjoin infringement of patent and for accounting of profits. Forms No. 1121, 1122, pp. 1013, 1014; Form No. 1139e, p. 1069; Form No. 1139f, p. 1071. to enjoin infringement of trade-mark, Forms No. 1124, 1125, pp. 1019, 1023. to enjoin interference with possession, pending action of eject- ment. Form No. 1114, p. 997. to enjoin unfair or fraudulent competition, Form No. 1122, p. 1014; Form No. 1126, p. 1027; Form No. 1127, p. 1030. to foreclose conditional contract. Form No. 1088, p. 941. to foreclose railroad mortgage, Form No. 1086, p. 932. to foreclose trust mortgage, secure bonds and appoint receiver, Form No. 1139a, p. 1055. 1260 INDEX United States — Continued bill — continued to prevent unfair discrimination by public service company, Form No. 1119, p. 1006. to reform contract, Form No. 1104, p. 977. to remove trustee, Form No. 1102, p. 974. to restrain enforcement of judgment, Form No. 1113, p. 995. to restrain foreclosure, Form No. 1091, p. 949. to restrain nuisance, Form No. 1109, p. 990; Form No. 1110. p. 991. to set aside conveyance obtained by fraud, Form No. 1091, p. 949. to set aside gift obtained by fraud. Form No. 1092, p. 952. to set up lost deed. Form No. 1103, p. 975. bond for costs, Form No. 1280, p. 1212. for damages in copyright case. Form No. 1286, p. 1217. for release of defendant arrested on ne exeat, Form No. 1285j p. 1216. for restraining order. Form No. 1282, p. 1214. of appeal, Form No. 128, p. 144. of receiver, Form No. 1283, p. 1215. certificate of commissioner to be attached to commission and deposi- tion. Form No. 12S9b, p. 1167. citation on appeal, Form No. 1279, p. 1211. consent decree, Form No. 1257, p. 1190; Form No. 1262, p. 1193. costs bond, Form No. 1284, p. 1216. creditors' bill for appointment of ancillary receiver, Form No. 1139d, p. 1065. cross bill, decree on. Form No. 1260, p. 1192. decree after mandate establishing validity of patent and infringement, Form No. 1264d, p. 1197. after mandate vacating previous decree. Form No. 1264e, p. 1199. appointing ancillary receiver. Form No. 1246, p. 1178; Form No. 1264a, p. 1194. appointing receiver, Form No. 1243, p. 1174; Form No. 1245, p. 1176; Form No. 1248, p. 1180. authorizing receiver's certificates, Form No. 1253, p. 1187. authorizing receiver's sale, Form No. 1250, p. 1183. confirming receiver's sale. Form No. 1251, p. 1184; Form No. 1264c, p. 1197. dismissing restraining order. Form No. 1261, p. 1192. dissolving injunction. Form No. 1262, p. 1193. establishing validity of patent, dclaring infringement and accounting for profits, Form No. 1264b, p. 1196. for foreclosure of trust mortgage, Form No. 1264f, p. 1200. for permanent injunction, Form No. 1255, p. 1189. for preliminary injunction, Form No. 1243, p. 1174. for proof of claims, Form No. 1248, p. 1180. formal parts. Form No. 1240, p. 1173. of distribution, Form No. 1252, p. 1186. of reference to master. Form No. 1242, p. 1173. of revival, Form No. 1256, p. 1190. on bill and cross bills. Form No. 1260, p. 1192. on bill for foreclosure. Form No. 1258, p. 1191. on bUl for infringement of copyright. Form No. 1263, p. 1193. on bill for infringement of trade-mark, Form No. 1264, p. 1194. on bill in nature of review. Form No. 1257, p. 1190. on exceptions to master's report, Form No. 1259, p. 1191. on receiver's report. Form No. 1252, p. 1186. pro confesso. Form No. 1241, p. 1173. INDEX 1261 United States — Continued demand for admission of execution of document. Form No. 1179, p. 1117. demurrer answer in lieu of, Form No. 1149, p. 1100. motion in lieu of. Forms No. 1186, 1187, 1189, pp. 1121, 1122, deposition, motion to suppress. Form No. 1165, p. 1113. exceptions to master's report by defendant, Form No. 1271, p. 1208. by plaintiff, Form No. 1269, p. 1207. by receiver. Form No. 1270, p. 1208. injunction motion to dissolve, Form No. liSi, p. 1124. writ, Form No. 1289, p. 1219. interrogatories by plaintiff. Form No. 1153, p. 1187. motion by defendant to file. Form No. 1191, p. 1122. motion by plaintiff to file, Forms No. 1169, 1170, 1171, p. 1115. objections to. Form No. 1172, p. 1116. intervention order on petition, Form No. 1203a, p. 1132. petition of. Form No. 1202, p. 1131. issues to jury, motion for. Form No. 1173, p. 1116; Form No. 1197, p. 1124. master's report formal parts, Form No. 1265, p. 1204. of profits in patent case, Form No. 1266, p. 1204. of sale. Form No. 1268, p. 1206. upon receiver 's petition. Form No. 1267, p. 1205. motion by defendant for further particulars. Form No. 1183, p. 1119. to bring in additional parties. Form No. 1184, p. 1119. to file interrogatories. Form No. 1191, p. 1122. by plaintiff for further and better statement, Forms No. 1162, 1163, p. 1112. to discontinue. Form No. 1161, p. 1111. to file interrogatories. Forms No. 1169, 1170, 1171, p. 1115. for confirmation of sale by master, Form No. 1177, p. 1117. for further and better statement. Form No. 1200c, p. 1126. for jury issues. Form No. 1173, p. 1116; Form No. 1197, p. 1124. for leave to file supplemental bill, Form No. 1164, p. 1112. for ne exeat. Form No. 1199, p. 1125. for particulars. Form No. 1200d, p. 1126. for preliminary injunction restraining infringement of patent, Form No. 1200a, p. 1126. for reference to master. Forms No. 1174, 1175, p. 1116. for restraining order. Forms No. 1158, 1159, p. 1110. for revivor. Forms No. 1165, 1166, p. 1113. for security for costs. Form No. 1180, p. 1118. for substituted service, Form No. 1157, p. 1110. for temporary injunction, Form No. 1160, p. 1111. formal parts. Form No. 1154, p. 1109. to allow repairs and make them a charge upon property, Form No. 1200h, p. 1129. to amend, Forms No. 1156, 1156a, pp. 1109, 1110. to correct prseeipe, Form No. 1200f, p. 1128. to dismiss because of another suit pending, Form No. 1190, p. 1122. for adequate remedy at law and want of equity. Form No. 1187, p. 1121. for failure to give security for costs, Form No. 1182, p. 1119. for lack of jurisdiction. Form No. 1189, p. 1122. for want of interest in plaintiff, Form No. 1188, p. 1121. 1262 INDEX United States— Continued motion — continued to dismiss — continued for want of necessary party, Form No. 1200e, p. 1128. in lieu of demurrer or plea. Forms No. 1186-1190, pp, 1121- 1122. to dissolve injunction. Form No. 1194, p. 1124. to extend time for answer, Form No. 1192, p. 1123. to file supplemental answer. Forms No. 1195, 1196, p. 1124. to fix time for payment of amount found due by master, Form No. 1176, p. 1117. to strike out answer. Form No. 1200b, p. 1126. for impertinence. Form No. 1185, p. 1120. portion of answer. Form No. 1167, p. 1114. to suppress deposition, Form No. 1168, p. 1114. to take biU pro eonfesso, Form No. 12001, p. 1129. to transfer cause to law side of court. Form No. 1198, p. 1125. to vacate restraining order, Form No. 1193, p. 1123. ne exeat afadavit for. Form No. 1200, p. 1125. bond. Form No. 1285, p. 1216. motion for. Form No. 1199, p. 1125. order for. Form No. 1239, p. 1166. writ of, Form No. 1292, p. 1220. notice of examination before examiner. Form No. 1178, p. 1117. of motion, Form No. 1155, p. 1109. of sale by master. Form No. 1233, p. 1164. oath of receiver. Form No. 1244, p. 1176. objection to interrogatories. Form No. 1172, p. 1116. order aUowing appeal, Form No. 1239f, p. 1170. allowing appeal and partial supersedeas, Form No. 12396, p. 1169. allowing receiver to borrow money to preserve property. Form No. 1221ce, p. 1147. authorizing loan to receiver, Form No. 1221b, p. 1145. confirming master's report, Form No. 1231, p. 1163. confirming master's sale, Form No. 1234, p. 1164. confirming receiver's final report, Form No. 1237, p. 1166. discharging receiver. Form No. 1238, p. 1166. for injunction, see subhead "restraining order," post, for issuance of commission to take deposition. Form No. 1239J, p. 1171. for preliminary injunction for enjoining infringement of patent. Form No. 12391, p. 1171. for reproduction of testimony in exact words of witnesses. Form No. 1239g, p. 1170. for security for costs. Form No. 1181, p. 1118. for writ ne exeat. Form No. 1239, p. 1166. formal parts. Forms No. 1222, 1223, p. 1160. granting leave to sue receivers. Form No. 1239c, p. 1168. of notice on motion for temporary injunction. Form No. 1160, p. 1111. of notice on receiver's petition. Form No. 1235, p. 1165; Form No. 1257, p. 1190. of notice on receiver's petition for leave to borrow on receiver's certificates. Form No. 1208, p. 1135. of reference to master. Forms No. 1229, 1230, pp. 1162, 1163; Form No. 1242, p. 1173. of sale by master. Form No. 1232, p. 1163. on nonresident to appear and answer. Form No. 1239b, p. 1170. on petition to intervene. Form No. 1203, p. 1131. INDBX 1263 United States — Continued order — continued on receivers' petition to pay insurance premiums. Form No. 1236, p. 1165. pro confesso, Form No. 1227, p. 1162; Form No. 1228, p. 1162. reviving cause, Form No. 1165, p. 1113. to file statement showing extent of infringement, Form No. 1239d, p. 1169. to show cause, Form No. 1224, p. 1160. to take deposition on oral interrogatories, Form No. 1239a, p. 1167. petition by ancillary receiver to pay insurance. Form No. 1212, p. 1138. by receiver for confirmation of report and for instructions, Form No. 1213, p. 1139. for discharge. Form No. 1214, p. 1139. for leave to borrow on receiver's certificates, Form No. 1208 p. 1135. for leave to sell. Forms No. 1206, 1207, pp. 1133, 1134. for order limiting time for proof of claims. Form No. 1210, p. 1137. to borrow money, Form No. 1221a, p. 1145. to borrow money to preserve property, (U. S.) Form No. 1221e, p. 1146. by trustee under mortgage for leave to sue receivers for purpose of foreclosing mortgage, Form No. 1221j, p. 1152. for appeal and continuance of injunction, Form No. 1221h, p. 1151. and for suspension of injunction, Form No. 1221g, p. 115. to circuit court of appeals. Forms No. 1273, 1274, p. 1209, to supreme court, Form No. 1275, p. 1210. for appointment of special commissioner to take deposition, Form No. 1221i, p. 1151. for attachment for contempt. Form No. 1218, p. 1143. for confirmation of report of master and instructions. Form No. 1216, p. 1142. for contempt for disobedience of order. Form No. 1221f, p. 1150. for issuance of subpoena. Form No. 1221e, p. 1149. for leave to file bill against receiver. Form No. 1215, p. 1139. for leave to file supplemental bill. Form No. 1204, p. 1132; Form No. 1221k, p. 1153. for leave to issue receiver's certificate, Form No. 1221d, p. 1148. for rehearing, Form No. 1205, p. 1132; Form No. 1221, p. 1144. for writ of assistance and affidavit thereon, Form No. 1217, p. 1142. formal parts. Form No. 1201, p. 1131. of prior mortgagor to intervene. Form No. 1221 1, p. 1154. to intervene. Form No. 1202, p. 1131. in ancillary receivership. Form No. 1221m, p. 1157. plea answer in lieu of. Form No. 1150, p. 1101. motion in lieu of. Forms No. 1188, 1189, pp. 1121, 1122. precipe on appeal. Forms No. 1277, 1278, pp. 1210, 1211. pro confesso decree. Form No. 1241, p. 1173. order, Form No. 1227, p. 1162; Form No. 1228, p. 1163. request for. Form No. 1226, p. 1162. receivers, see subhead "decrees." bond, Form No. 1283, p. 1215. certificates. Form No. 1254, p. 1188. decree for. Form No. 1253, p. 1187. 1264 INDEX United States — Continued receivers — continued certificates — continued petition by receiver for leave to borrow on, order of notice thereon, and proof of service. Forms No. 1208, 1209, pp. 1135, 1137. oath of, Form No. 1244, p. 1176. petition for order confirming sale and for order to present claims. Form No. 1221n, p. 1158. report, Form No. 1272, p. 1208. rehearing, petition for. Form No. 1205, p. 1132; Form No. 1221, p. 1144. report of master, see subhead "master's report," ante, restraining order, Forms No. 1224, 1225, pp. 1160, 1161. bond for. Form No. 1282, p. 1214. motion to vacate, Form No. 1193, p. 1123. return of service of order to show cause. Form No. 1294, p. 1221. of subpoena. Form No. 1293, p. 1221. revival, decree of. Form No. 1256, p. 1190. revivor, motion for. Forms No. 1165, 1166, p. 1113. service, acknowledgment of, Form No. 1280, p. 1212. set-off, see subhead "answers," ante, show cause order, Form No. 1224, p. 1160. summons to show cause, Form No. 1224, p. 1160. supplemental answer, Forms No. 1151, 1152, p. 1101. motion to file. Forms No. 1195, 1196, p. 1124. supplemental assignment of errors. Form No. 1280b, p. 1212. supplemental bill. Form No. 1138, p. 1051; Form No. 11391, p. 1079. petition for leave to file. Form No. 1204, p. 1132. waiver and motion. Form No. 1200g, p. 1129. writ ne exeat. Form No. 1292, p. 1220. of assistance, Form No. 1291, p. 1220. of injunction. Form No. 1289, p. 1219. of seizure in copyright ease and marshal's return, Form No. 1288, p. 1218. of venditioni exponas. Form No. 1290, p. 1219. Verification see Oath. Vermont bill, formal parts. Form No. 21, p. 13. cross bill, formal parts. Form No. 345, p. 499. decree, formal parts, Form No. 649, p. 704. demurrer, formal parts. Form No. 409, p. 535. Virginia bUl, formal parts, Form No. 22, p. 13. oath to biU, Form No. 23, p. 14. West Virginia answer, formal parts, Form No. 522, p. 613. bill, formal parts. Form No. 24, p. 14. decree, formal parts, Form No. 543, p. 633. demurrer, formal parts. Form No. 410, p. 535; Form No. 411, p. 536. plea, formal parts, Form No. 445, p. 553. prayer for injunction. Form No. 48, p. 18. suspending decree to allow time for appeal. Form No. 672, p. 714. Wills bill for construction of, see Bills, bill to correct mistake in will, see Bills. bUl to remove cloud on title, see Bills. biU to set up lost will, see Bills, decrees on bills, see Decrees. INDEX 1265 Writs ot assistance, Form No. 1056, p. 922; Form No. 1291, p. 1220; (see Petition for Writ of Assistance, ante), of attachment, see Petitions subhead "for writ of attachment," ante; Forms No. 1054, 1055, pp. 921, 922. of distringas. Form No. 1059, p. 924. of execution or decree, Forms No. 1052, 1053, pp. 920, 921. of injunction, Form No. 1050, p. 919; Form No. 1289, p. 1219. of ne exeat, Form No. 1051, p. 919; Form No. 1292, p. 1220. of possession in foreclosure proceedings, (Vt.) Form No. 1057, p. 922. of sequestration, Form No. 1058, p. 923. of supersedeas, (Va.) Form No. 1045, p. 915. of venditioni exponas, (U. S.) Form No. 1290, p. 1219.