Examples of & Notes re Original Bills in Chancery (from Gibson's “Suits in Chancery” 1907)
Why Equity is King and the Maxims are its Essence
(Recommend reading & re-reading the Maxims chapters in Suits in Chancery, pages 25-57)
1. The underlying principles, called Maxims... lie at
the foundation of universal justice and are aptly called
legum leges – the law of laws (have their foundation
in universal law). These maxims are the beginnings,
out of which developed the entire system of Equity
jurisprudence. The student who has made these
principles a part of his mental habit, who has
incorporated them into his very intellectual being, has
already mastered the essence of Equity. So
fundamental are these maxims that he who disputes
their authority is regarded as beyond the reach of
reason.
a. so vast is the variety of suits in Chancery it is
impossible to find a precedent for every case; but he
who has the maxims mastered is saved much of the
drudgery of hunting precedents. Out of the
fundamental maxims can be deduced the rules
which, by proper application, will determine the
equities of the vast proportion of equitable suits
instituted in Chancery. (It is better to seek the the
maxims than to hunt for adjudications based on the
maxims).
b. The author has long been convinced that no one can
master the jurisprudence of Equity who has not
thoroughly comprehended the subtle alchemy of its
maxims whereby the most difficult problems are
readily solved. These principles and maxims constitute
a system of jurisprudence based on good reason and
good conscience; and are designed to enable the Courts
of Equity to do complete justice between all the parties
in any suit, however novel, abstruse, complicated or
numerous, the questions involved may be.
2. When Chancery has jurisdiction in one purpose,
it will take jurisdiction for all purposes. Pomeroy
stated: “Where a Court of Equity has obtained
jurisdiction over some portion or feature of a
controversy, it may, and will in general, proceed to
decide the whole issues, and to award complete relief,
although the rights of the parties are strictly legal, and
the final remedy granted is of the kind which might be
conferred by a Court of law.” The reason of the rule
is, the duty of Courts to prevent a multiplicity of suits;
and Courts of Equity delight to do complete justice....
is considered an invaluable rule, and one attended with
very beneficent results.
3. Chancery Court never Loses its Jurisdiction by
Implication. The common law Judges cannot diminish
Why Equity is King and the Maxims are its Essence
the inherent jurisdiction of a Court of Equity, nor can
the Legislature... unless the statute shows a clear
legislative intent to restrict, or abolish, the jurisdiction
of the Chancery Courts. Without some positive act,
the just inference is that the Legislature desires the
jurisdiction of Equity to remain upon its old
foundations. Courts of Equity will not Tolerate any
Interference with their Officers, process or Decrees,
by the Courts of Law.
4. Out of the many questions that arise in Equity, the
statutes seldom are determinative, nor any Supreme
Court decision is applicable; hence the Chancellor is
forced to rely on the rules of practice and pleading,
and the maxims and principles of law and Equity,
as his guides. The rules, maxims and principles are
generally so incorporated into his judgment that he
uses them unconsciously in making a decision. But, if
his opinion is written and analyzed, it will often be
discovered that these rules, maxims and principles
controlled the decision.
5. Equity looks beneath the veil of form, and discerns
the real features of the transaction, acting on the
maxims. Equity considers the real and the substantial,
and allows no rule of evidence at law, no fiction of
Courts of law, and no acts or subterfuges of parties to
tie or shackle or dim its sight in searching for the real
truth of the transaction, under investigation. Courts of
Equity act upon the circumstances and justice of the
particular case, whereas Courts of Law rather regard
precedents, forms, rules of procedure and the strict
letter of the law.
The Twelve Tables of Equity
(analogous to the Twelve Tables of the Roman Law)
1. Equity acts upon the person, (forcing him to do what
conscience requires.)
2. Equity will not suffer a wrong without a remedy.
3. Equity imputes an intention to fulfill an obligation.
4. Equity acts specifically, and not by way of compensation.
5. Equity regards that as done which ought to be done.
6. Equity requires him who seeks equity to do equity.
7. Equity regards the beneficiary as the real owner.
8. Equity delights to do complete justice, and not by halves.
9. equity acts for those disabled to act for themselves.
10. Equity looks to the intent rather than to the form.
11. Equity delights in equality.
12. Equity requires diligence, clean hands and good faith.
Page 1 of 10
 Example of an Original Bill in Chancery
in Chapter VIII., Article III. Form of an Original Bill, pages 141-156

[1. The Address – sometimes called the “Direction”]

To the Honorable John P. Smith, Chancellor, holding the chancery Court at Dandridge

[2. The Commencement, or Caption, or Style. - aka. the “Introduction”]

John Doe, a resident of Jefferson county, complainant }
vs. }
Richard Roe, a resident of Knox county, }
Henry Johnson, a resident of Jefferson county, and }
John Jones, a non-resident of the State, defendants. }

The complainant respectfully shows to the Court:

[3. The Premises, or Statement of the Facts. - or “starting part”, aka statement of the facts]
I.
That he and the defendants are the owners in fee of a lot in the town of Dandridge, in Jefferson county, situated
on Main Street, adjoining the lot of George Williams on the north, and the lot of Samuel Brown on the south,
fronting one hundred feet on Main Street, and running back between parallel lines two hundred feet to an alley,
being lot No. eight in the registered plan of said town.
II.
Said lot has no encumbrances on it, and no one has any interest therein, except complainant and defendants, who
each own a one-fourth undivided part thereof. The deed to complainant and defendants, for said lot, made by
John Brown, has never been registered: it is in possession of defendant Johnson, who refuses to have it
registerd.
III.
The said lot has a large and valuable mansion-house upon it, and all necessary outbuildings, making it very
desirable property as one lot. It would be manifestly to the advantage of the parties to have it sold for division,
as a partition cannot be made without great injury to all concerned.

[4. The Prayer for Process. - whether this or Relief comes last is immaterial]
Complainant, therefore prays:
1st, That subpoena to answer issue against the said resident defendants, and publication be made as to John
Jones, who is an infant and a non-resident of this State, and that they be required to answer this bill fully [but not
on oath.]
[5. The Prayer for Relief.]
2nd, That the defendant, Johnson, be required to file said unregistered deed with his answer, that it may be
used as evidence, and then be registered.
3rd, That a guardian ad litem be appointed for the defendant, John Jones, who has no general guardian in this
State, to defend for him.
4rth, That said lot be sold, and that the proceeds be divided between the parties to this suit, share and share
alike, and that complainant may have such further and other relief as the nature of his case may require.
Signatures (signed by party himself, or Solicitor of the Court)
[6. The Verification]
Union-State, }
_______ county }
John Doe makes oath that the statements in his foregoing bill are true, to the best of his knowledge,
information and belief. John Doe (autograph)
[7. The Jurat.]
Sworn to and subscribed before me, this Dec. 26th, 1895.
G.W. Holtsinger, C. & M

Why Equity is King and the Maxims are its Essence Page 2 of 10
 SKELETON BILL (for general reference)
(GENERAL NOTE- The words in italics are merely words of instruction to the draftsman, and
are no part of the forms themselves, and must be omitted in drawing pleadings, decrees, etc.)
The Address
To the Honorable [giving the name of the Chancellor,] holding the Chancery Court at [stating the name of the
county town where he holds the Court.]
The Commencement, or Caption
John Doe, a resident of _________________ county, [stating the county. Give the names and county of
residence of each of the complainants; and if any sue by guardians, or next friends, so state, and give their
names, and county of residence. For forms of commencements,] complainant,
vs.
Richard Roe and Henry Roe, residents of ______________ county, [stating the name of county. Give the name
and county of residence of each of the defendants; and if any of them are minors, or of unsound mind, without
general guardians, so state; if they have guardians, give their names and residences,], defendants.
The complainant respectfully shows to the Court:
The Premises, or Statement of Facts
I.
That [this part contains the grounds of complaint, giving the facts on which complainant bases his rights to a
decree against the defendant.]
II.
That [this part sets forth any ground for attachment, injunction or other extraordinary relief complainatn may
wish.]
III.
The Prayer for Process.
Complainant therefore prays:
1st, That subpoena to answer issue against the said defendants requiring them, and each of them, to answer
this bill. [If their oath is waived, add:] but their oath to their answer is waived.
2nd, That a guardian ad litem be appointed for the minor and non compos defendants. [Omit this, of course,
if there be no minor or non compos defendants.]
3rd, That an attachment issue against the property of the defendants, [naming the particular defendants
liable.] and especially against the property above mentioned, [if any be specified in the bill.]
4th, That an injunction issue against the defendants, [naming them] enjoining them from [doing the acts
referred to in the bill; specify them.]

The Prayer for Special Relief

5th, That [here state the special relief desired, consistent with the bill.]

The Prayer for General Relief.

6th, The complainant prays also for such further and other relief as the nature of his case may require. [If any
extraordinary process is prayed, add:] This is the first application for an attachment [or an injunction] in this
case.
Signatures
Affidavit to the bill
Union-state,
______ county [Here insert name of county wherein bill is sworn to.]
John Doe, the complainant in the foregoing bill, makes oath, [or affirms] that the statements in his foregoing
bill made as of his own knowledge are true, and those made as on information and belief, he believes to be true.
John doe.
Jurat to Affidavit
Sworn to [or affirmed] and subscrbed before me, Aug. 24, 1905. - James C. Scruggs, C.&M. }

Why Equity is King and the Maxims are its Essence Page 3 of 10
 Commentary and Notes re Drafting Original Bills (from pages following above example)

1. Ordinary Bill consists, usually, of five parts... unless a bill seeks a discovery, which is not usual, and would be
termed a 6th part of the bill. But discovery is usually included in the prayer for relief.

2. Every Bill and petition MUST be address to the Chancellor of the division in which the bill or petition is to
be filed, and should designate him by his name, and give his official character, and specify the particular Court
in which the bill or petition is filed, or to be filed. However, it would not be improper to omit his name, and
address the bill to him as an officer, giving his official designation, (Chancellor, NOT Judge,) and the style of his
Court.
a. [ e.g. a Bill addressed: “To. Hon. John P. Smith, Chancellor,” is defectively addressed, because it fails to
specify the particular Court in which it is to be filed]
b. This form would not be improper: “To the Honorable Chancellor holding the Chancery Court at
Tiptonville” (the name of the public officer is, in such a case, immaterial, because bill is not addressed to the
man, but the officer)

3. It is the practice, to set out the names, character, and county residence of all the complainants and all
defendants after address to Chancellor. Care should be taken to show what character the parties sue, or are
sued... though not required it is very convenient practice.

4. re the Premises or Statement of the Facts – the real substance of the bill upon which the Court is called to act...
requires great skill and judgment to frame it right... and if it has not the proper legal certainty, the defect, unless
removed may be fatal. Remember: every material fact, ought to be distinctly stated... otherwise he will not be
permitted to offer, require, any evidence of such fact. A general charge, or statement, of the matter of fact is
ordinarily sufficient... for the circumstances are properly matters of evidence, which need not be charged in order
to let them in as proofs. Nothing, however, can be proved that has not been alleged, and nothing can be decreed
that has not been alleged. Neither proof nor prayers are of any avail in the absences of allegations. Allegations
are:
a. the foundation of the court's jurisdiction of the case,
b. the notification to the defendant of what is to be litigated,
c. the test of the materiality and pertinence of the evidence.
d. the limitations of the bounds of the controversy
e. the justification of the relief granted.
Bill should contain a clear and orderly statement of the facts on which the suit is founded, without prolixity or
repetition, without averring any formal combination or confederacy by the defendants, or others, the
insufficiency of the remedy at law, or other mere formal matter

5. Body of the bill should be divided into paragraphs consequentially numbered, each containing a separate fact
and its special circumstances. Makes the bill more logical, and greatly facilitates reference to its parts, and better
enables the defendant to frame his answer.

6. Signing of a Bill – must be signed by the complainant or petitioner, in person, or by his solicitor. A signing
on the back of a bill has been held sufficient.... it is not essential to the validity of the bill or petition, that the
complainants should sign it; it is sufficient if their names appear in the caption. Nevertheless, it is much better
practice to require a petition to be signed and sworn to by the parties themselves... and not by their agents or
solicitors.

7. Verification of a bill. No bill need be sworn to unless:

a. It prays for process of injunction, or attachment, or ne exeat; or
b. Unless it seeks the immediate appointment of a receiver, an administrator or a guardian ad litem; or
c. Unless it is a bill to sell the property of a person under disability

Why Equity is King and the Maxims are its Essence Page 4 of 10
 d. To administer an insolvent estate;
e. to set up lost instruments; or
f. To have an inquisition of lunacy
g. To obtain a divorce; or
h. For a mandamus
i. or habeas corpus
j. A bill in the name of the State against corporations and usurpers of office. (it is probable that an affidavit to
the bill would only be necessary in case immediate extraordinary process is prayed)
k. A bill of interpleader, or
l. A bill of review for newly discovered evidence; or
m. A bill to perpetuate testimony, or to take testimony de bene esse
n. a bill or Replevin
….. it may be stated as a general rule... that: whenever a bill or petition seeks some immediate order or
interposition of the Court, such as an injunction, or an attachment, or a ne exeat, the appointment of a receiver,
administrator, guardian ad litem, or publication as to non-resident or unknown defendants, it must be sworn to....
but facts necessary for the appt. of a guardian ad litem, or process by publication, may be sufficiently made to
appear by a separate affidavit, in which case the bill need not be sworn to, unless its verification is otherwise
required.

8. Manner of Verifying Bills – is not a matter of form, but of substance. It breathes into bills, otherwise inert,
the breath of life and the soul of truth, and gives them immediate and sometimes far reaching efficacy. The
verification of the bill removes it from the category of apocryphal documents, and for preliminary purposes
impresses it with the seal of verity.
When a bill is sworn to.... especially when it shows on its face clearly what statements are made on the
complainants own knowledge... it will have more weight.... than a bill less correctly drawn.
Sometimes a bill is verified by a solicitor, or agent. This should never be done but in case of extreme
necessity, especially by the Solicitor. If done, agent should make oath to his agency and personal knowledge of
the matters stated in the bill.

9. Relations of the Parties to a Suit – Whenever two or more persons have relations to, or with, each other,
various legal and equitable rights and duties arise from the relations; and for the protection of these rights, and
enforcement of these duties, Courts are established. These relations are those of family, neighborhood, society,
business, commerce and government; and may be divided into:
a. Primary or original relations, being those that exist between the original parties to the transaction
b. Secondary or derivative relations, being those that exist between an original party and the privy of the other
original party, and
c. Collateral relations, being those that exist between the privies of the original parties.
The principal primary, or original, relations are those of parent and child, husband and wife, guardian and ward,
master and servant, attorney and client, adviser and advised, vendor and vendee, mortgagor and mortgagee,
landlord and tenant, trustee and beneficiary, personal representative and distributee or legatee, principal and
agent, bailor and bailee, partner and partner, tenants in common, principal and surety, debtor and creditor,
assignor and assignee, creditor and surety, bargainor and bargainee, and citizen and State.
The principal secondary or derivative relations are those existing between one of the original parties to the
transaction and the vendee, assignee, executor,, administrator, heir, devisee, widow, or other privy, of the other
original party.
The legal and equitable rights and duties, arising from the relations of the parties, ordinarily become more
complicated in proportion to the distance the parties are removed from the original parties; but, as a rule, a
privy's rights and duties are the same as those of the person in whose shoes he stands, or to whose rights he
succeeds, the principal exception to the rule being in favor of innocent purchasers for value, without notice.

10. General Rule of Law Applicable to the Case. - No one can draw a logical and concise bill, without first

Why Equity is King and the Maxims are its Essence Page 5 of 10
considering the relations of the parties to the controversy and the general rule of law applicable to the case, and
then alleging the facts necessary to bring the complainant's case within this rule. (the general rule of law is the
major premise of the legal syllogism; the facts of the case are the minor premise, and the special relief prayed for
is the conclusion of the syllogism. One needs to thoroughly master the logical principles set forth in this and
subsequent sections, and while these principles may, at first appear metaphysical and abstruse, and their study
uninviting, on closer attention their importance will become manifest, and their acquisition will be found a task
by no means difficult, or disagreeable. “pleading” is the application of logic to legal disputation.)
The general rule of law is often termed...“the theory of the bill.” The clearer this general rule, or theory,
appears to the mind of the 'pleader', the more logical and concise will be the allegations of his bill. (one should
form this theory BEFORE he draws the bill; and conform his pleadings to that theory. The proof must
correspond to the theory of his bill; his argument at the hearing must be in affirmance of this theory as shown by
both pleadings and proofs; and the relief he seeks by decree must be such as the theory requires and allows.)
The law of relations enables a pleader readily to grasp these general rules of law, and thereby make his bills
logical and concise, the two principal characteristics of good pleading.
To every general rule of law there are various exceptions, BUT these exceptions are ordinarily matters to be
brought forward by the defendant. In drawing a bill, ALL MATTERS which are within exceptions to the
general rule, and all matters in avoidance, should generally be left fo the defendant to allege and prove. The
general rule of law arises:
1. out of the relations of the parties,
2. out of the rights and duties resulting from those relations, and
3. out of the acts of the defendant in violation of those rights and duties; and
4. it defines the manner and measure of redress to which the complainant is entitled.
Hence, before beginning to draw a bill, should consider the general rule of law applicable to the case, and so
frame the bill as to make out a case within the rule, and at the same time not within any of the exceptions to the
rule. The most easy and logical way to do this, is by keeping in mind the relations of the parties and the acts of
the defendant in violation of the duties arising from those relations.

11. Application of the Law of Relations in Drawing a Bill. - Out of the relation o fthe parties, certain legal or
equitable duties arise on one side, and certain legal or equitable rights on the other. These rights and duties are
correlated, the duties owing by one party being the rights owned by the other. (Rights are what is due the
complainant; duties are what is owing by the defendant. Every right in one party has a corresponding duty
owing by the other party. When this duty is discharged, the corresponding right ceases, the party entitled has his
won, justice is done and the law is satisfied. – Every duty cognizable in the Courts, and every right
enforceable in the Courts, arises from some law, or some conract, express or implied.)
A violation of the duties violates the correlated right, and a cause of action arises in favor of the owner of the
violated right, and against the owner of the violated duty. These rights and duties may be formulated into
general rules of law... knowledge of which is ESSENTIAL to an adequate comprehension of the case.
Therefore.... when one is called to state the law applicable to a given case he should consider:
1. the relations of the parties.
2. the duties arising from those relations
3. which of those duties have been violated by the defendants
4. what remedy the general rule of law, applicable to the case, provides for such violation, and
5. in what Court that remedy can best be enforced.
The general theory of every properly drawn bill, is:
1. that the defendant has done, is doing, or is attempting, or threatening to do, some wrong to, or to withhold
some right from, the complainant; and
2. that the Court in which the bill is filed has jurisdiction to remedy or prevent that wrong, or to enforce that
right. The wrong complained of may (1) grow out of some act or omission of the defendant, in violation of his
duties to complainant, arising from some relation between the parties, or (2) may grow out of some act or
omission of the defendant, in violation of some right of complainant, existing independently of any relations.

Why Equity is King and the Maxims are its Essence Page 6 of 10
12. General Form of bill Where Relations Exist – Therefore, in drawing a bill based on relations, the first matter
to be considered is, whether the alleged wrong arises from any relation, or not; and the second matter to be
considered is, what is the general rule of Equity applicable to the facts of the case.
Once the general rule is settled, and ascertained that the case does not come within any of the exceptions
thereto, you will, in drafting a bill,
1. begin by showing the relations of the parties, and how they arose or were created, whether by contract
expressed or implied, or by operation of law;
2. then show how and wherein the duties arising from those relations have been violated by the defendants,
and the extend of the injury resulting to the complainant from such violation
3. if there are other parties, secondarily liable to complainant by reason of the other defendant's primary
liability, show how and wherein;
4. if any specific property is sought to be attached, impounded, recovered, or secured from removal or
alienation, so state, specifying the property so as fully to identify it, and giving, with particularity and precision,
the grounds for this procedure;
5. if the defendant is doing, or threatening, any act likely to result in irreparable injury to complainant, or any
act contrary to equity and good conscience, detail such acts, and show how or wherein they will work irreparable
injury, or gross iniquity;
6. if there is any matter connected with, or growing out of, the foregoing matters, necessary to be brought
before the Court to enable it to make a complete decree and determine the whole controversy, here bring forward
such subordinate matters, and show their connection with the principal matters in dispute.;
7. if any preliminary relief is needed, any injunction, attachment, or receiver, so specially pray;
8. then pray for specific and general relief;
9. aver that this is the first application for the extraordinary process prayed; and then
10. sign the bill, and make proper affidavit to it, if necessary.

All of this will, perhaps, be better understood by reference to the following

GENERAL FORM OF BILL WHERE RELATIONS EXIST

[For address and caption see previous example above]

The complainant respectfully shows to the Court:

I.
That, [at a time stated, certain specified facts existed, whereby arose between the complainant and the
defendant certain relations, stating the relations.]
II.
That, [as a result of the aforesaid relations, certain specified duties or debts were imposed on, or incurred or
assumed by, the defendant; and certain specified rights accrued to the complainant, setting forth these duties, or
debts, and the rights claimed, with definiteness.]
III.
That, [the defendant has violated his aforesaid duties to complainant, and has withheld from the complainant
his just dues or rights in the premises, showing wherein, with clearness and particularity.]
IV.
That, [as a consequence of the preceding facts, the complainant is entitled to relief, and he therefore prays (1)
for proper process to bring the defendant before the Court, (2) for the particular relief he deems himself entited
to, and (3) for general relief.]

13. General Form of Bill Where No Relations Exist – Bills of this kind are generally filed to assert rights to, or
to secure protection for, specific property, real or personal (this phrase is intended to include every species of
property, tangible and intangible, capable of ownership, and cognizable in the Courts), as in a bill (1) to assert
title to, or interest in, land or personalty, (2) to protect or preserve land or personalty, (3) to remove clouds on
title, (4) to stay waste, prevent trespasses, and inhibit irreparable injury, (5) to enjoin or abate nuisances, and the

Why Equity is King and the Maxims are its Essence Page 7 of 10
like. These bills also lie in many other cases where injunctions are needed, as in (1) bills quia timet
(http://definitions.uslegal.com/b/bill-quia-timet/), (2) bills of peace, (3) bills to prevent a multiplicity of suits, and
indeed in all other cases where the suit does not spring out of some contract, express or implied, or of some
relation between the parties, but is based on some right of property in the complainant, and some actual or
threatened violation of that right by the defendant.'

The following general form will aid the draftsman of such bills:

GENERAL FORM OF BILL WHERE NO RELATIONS

[For address and caption see previous example above]

The complainant respectfully shows to the Court:

I.
[Here allege complainant's title to the property, or other particular right, which he seeks to assert or protect;
describing the property, or right, so as fully to identify it, and if it be land, give the boundaries and location of
the tract.]
II.
[If said title, or rights, are evidenced by any writing or other muniment, so state, giving its date, and otherwise
describing it, and making it an exhibit to the bill.]
III.
[Show when, wherein, and by which of the defendants, the complainant's rights have been interfered with, or
denied, or his said rights or property injured, or threatened, or his possession or use thereof interfered with, or
denied, stating clearly the time, and main facts constituting the wrong complained of, and necessitating the
application to the Court for relief.]
IV.
[If any of the defendants, especially defendants under disability, have rights or interests similar to those of
complainant, and are entitled to similar relief, state, in a general way, these facts.]
V.
[If necessary to set up any special equity, or to relate any special atrocities, or gross misconduct, or other
iniquitous conduct of the defendants, in order to emphasize the complainant's wrongs, here set out such matters
with reasonable certainty of time, place, and circumstance; and, if there be any grounds for an injunction,
attachment, or receiver, here state them fully.]
VI.
[Here pray for the necessary process to bring the defendants into Court, and if any injunction, attachment, or
receiver is necessary, or guardian ad litem, or administrator, pray therefor with particularity.]
VII.
[Here specify the particular relief desired, conforming your prayer to the facts alleged, praying in the
alternative when necessary and proper; and praying, also, for general relief.]
VIII.
[Show that this is the first application for the particular extraordinary process prayed; and, if not the first,
explain, and show why such process should now be granted.]
IX.
[The Bill must be signed by counsel, or by the complainant in person; and if any extraordinary process, or any
interlocutory order, not of course, is applied for, the bill must be sworn to, and a proper jurat attached.]

14. Character of the Allegations in a Bill – In drawing bills, remember that the more extraordinary the relief
sought, the more specific must be the allegations. In a bill to collect an ordinary debt, without extraordinary
process, general allegations showing that the defendant is indebted to the complainant may suffice; and, in an
ordinary ejectment bill, general allegations of ownership by the complainant, and of wrongful possession by the
defendant, may sustain a suit; but general allegations will not be sufficient when the bill seeks (1) to attach
property, or (2) to have a receiver appointed, or (3) to obtain an injunction, or (4) to set aside a conveyance, a

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settlement or a contract, or (5) to reform a written instrument, or (6) to sell, reinvest, or expend, the property of
minors, or (7) to set up a resulting or constructive trust, or (8) to have a specific performance of a contract, or (9)
to obtain a divorce, or (10) to obtain a new trial at law, or (11) a review of a former decree in Equity, or (12)
where in any case fraud is charged, or a trust is set up. In such and all similar cases, the facts must be set forth
with such distinctness, precision and particularity, that the Court may clearly see the equities complainant is
seeking to raise and have enforced.
The facts on which the alleged equity is fonded should be set forth with such orderly and specific
particularity, and with such a well defined clearness of statement and certainty of averment, that the equity
alleged will stand forth in the light of the facts with statute-like distinctness to the eye of the judicial mind, and
not be a mere misty mental exhalation floating indistinctly amid the shadows and darkness of indefinite,
inconclusive and confused general averments and semi-averments, whose meaning and bearing are inexplicable.
A party should not undertake to drag a defendant into a Court of Conscience, UNLESS he (1) has a good
cause of action in fact, and (2) has that cause clearly and sufficiently set forth in his bill. Neither “information”
alone, nor mere “information and belief,” will suffice to sustain a prayer for relief; the complainant must make
positive and direct averments, allegations, and charges, that the facts are so and so, and that the defendant has
done so and so, using his “information” merely as the ground of his charge or averment, and to show that the fact
alleged is not based on the direct personal knowledge of the complainant.

15.How Parties Should be Described. - Parties, both complainant and defendant, should be described by their
proper names, if known, always giving their first name in full,, and never using the initial of their first name,
unless their first given name is unknown, and cannot be readily ascertained (the law knows by one Christian
name; and the omission, or incorrect insertion of a middle name, or initial, is immaterial. The full Christian
name of a party should always be given in a pleading, or some sufficient excuse alleged for not so doing. The
use of an initial is not sufficient, except in case of suits on written instruments in which initials or contractions fo
the Christian name are used. - e.g. “G.W. Smith, otherwise called George W. Smith [or Wash. Smith]”)
If the name of the defendant is unknown and cannot be ascertained upon diligent inquiry, the bill should be so
alleged.... and setting forth in the bill clearly the character in which he is sued, and his title or interest in the
subject-matter of the litigation.
(The “character” in which an unknown defendant is generally sued is that of husband, child, grand-child, heir,
devisee, legatee, vendee, or other privy, or representative, or some particular person named and described in the
bill, who, if living, has an interest in the subject-matter of the litigation, and who, if dead, has possibly a living
spouse and children, or other privies in estate. The bill will describe such persons as follows: “The said Susan
Jones, who, if living, is entitled to an undivided one-seventh of said tract of land, went to Arizona twenty years
ago, and has not been heard from for seventeen years. Where she now resides, if living; and, if dead, whether
she died testate or intestate, and whether she left any husband, children, heirs or devisees, and if so, where they
reside, and what their ages and names, are all unknown to complainants, and cannot be ascertained upon
diligent inquiry.”)
If the name of any party is a common one in the neighborhood, so that the Sheriff may not know which one of
two or more with the same name is intended, the bill should use some method of designating him, adopting the
particular designation, if any, used by his neighbors. (Thus “David Beaty, (tinker);” “John Smith sometimes
called Club-foot John;” “Henry Jones son of Thomas Jones;” and “James Brown, otherwise called Red Jim
Brown.”) This may prevent trouble not only in serving the subpoena, but also, in enforcing the decree, and in
divesting and vesting title.

16. How Lands should be Described – Every bill that seeks the sale, partition or recovery, of land, or to clear the
title to land, or to redeem land, or to specifically enforce a contract in reference to land, or that, in any other way,
seeks to effect the title or possession of land, or any interest therein or encumbrance thereon, should describe the
land by location, corners, courses, and distances, or other appropriate description sufficient fully to identify it:
e.g. “Said tract of land is situated in the 4th civil district of Campbell county, adjoining the lands of Jonathan S.
Lindsay, William Allen, J.M> Bibee and others, and begins on a poplar tree in the Powells Valley road, north of
Jacksboro, a corner of said Lindsay's home farm, running thence south sixty poles to a large persimmon tree,

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[and so on] to the beginning, containing sixty acres, more or less.”
A reference in the bill to exhibits, while sufficient in law, is a loose and dangerous practice, especially if the
exhibit has not been registered. Exhibits are liable to be lost or mislaid, and are sometimes withdrawn by leave
of the Court, in which case the description may be lost. Unless the land is adequately described in the bill and in
the decree, the purchaser may be greatly embarrassed in asserting his title to definite boundaries. (The bill and
exhibits may be lost, or mislaid, but the minute-book is a permanent record).

17. Some Miscellaneous Suggestions – In drawing a bill where the parties are numerous, always leave in the
caption two or three blank lines, for the insertion of additional complainants and defendants; because, while
drawing the bill, you will often find it necessary to make additional parties, or to make other changes in the
parties, and these blank lines will prove serviceable, and obviate the necessity of inartifical, and oftentimes
illegible, interlineations.
Whenever a bill sets forth facts on the strength of which (1) process by publication, (2) an injunction, (3) an
attachment, (4) a receiver, (5) the appointment of a guardian ad litem, or (6) any other extra-ordinary,
preliminary, or ex parte process, or order, is prayed or sought, it is both a pleading and an affidavit, and must
therefore be verified by the oath of the complainant, or of some one else acquainted with the facts.
If you have no need for the evidence of the defendant, or have not full confidence in his veracity, do not fail
to waive his oath to his answer, in drawing your bill. If, however, there are material facts exclusively in the
personal knowledge of the defendant, or if he have material papers in his possession, or under his control,
necessary to your success, you may require an answer on oath, and may incorporate in your bill searching
interrogatories to be responded to by the defendant in his answer. But remember, that you cannot force a
defendant to discover, if you waive his oath to his answer.
Avoid all scandal, all impertinence, all literary allusions, all poetic displays, all indelicate statements – in
short, all unnecessary allegations.
After the bill has been drawn, add a half sheet, (2 pages), of blank paper as a back to the bill; it will be found
convenient to write a fiat on, or an order appointing a receiver, and will give the Clerk room enough to make his
endorsements
other interesting example Bills in CHAPTER XLVI (pg 723):
SUITS ARISING FROM FRAUDS, ACCIDENTS AND MISTAKES
…. from Actual Frauds …. from Constructive Frauds
…. from Accidents and Mistakes …. Bills to Undo Fraud
…. Bill to Set Aside a Deed, or Other Instrument, for Fraud.
…. Bills to Set Aside Judgments, or Decrees, for Fraud (to Impeach a Decree for Fraud)
…. Bill for Violation of Fiduciary Relations
… Bill to Correct a Mistake in a Deed
and in CHAPTER XLVII (pg 733)
SUITS TO SET UP, REFORM AND RESCIND WRITINGS
… Bills to Set up Lost or Destroyed Instruments
... Bill to set up a Lost Note
… Bill for the Re-Execution of a deed
… Suits for the Rescission and Delivery-up of a Mortgage

and in CHAPTER XLVIII (pg 740) – SUITS FOR SPECIFIC PERFORMANCE

CHAPTER XLIX (pg 743) – SUITS FOR AN ACCOUNTING

References:
Gibson's on Suits in Chancery "A treatise on suits in chancery." (1907) http://archive.org/details/cu31924084259872

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