BILL IN NATURE OF A BILL OF RE VIVOR. One which is filed when the death of a party, whose interest is not deterinined by his death, is attended with such a trans mission of his interest that the title to it, as well as the person entitled, may be litigated in the court of chancery. In the case of a devise of real estate, the suit is not permit ted to be continued by bill of revivor ; 1 Chanc. Cas. 123, 174; 3 Chanc. Rep. 39; Mosel. 44.
In ouch cases, an original bill, upon which the title may be litigated, must be filed, and this bill will have so far the effect of a bill of revivor that if the title of the repreeentative by the act of the deceased party is established, the same benefit may be had of the proceedings upon the former bill ae if the suit had been continued by bill of revivor ; 1 Vern. 427; 2 4d. 548, 672; 2 Brown, P. C. 529; 1 Eq. Cast Abr. 83; Mitf. Eq. Pl. 71.
r BILL IN NATURE OF A SUPPLEMEN, TA L BILL. One which is filed when the in
terest of the plaintiff or defendant, suing or defending, wholly determines, and the same property becomes vested in another person not claiming under him. Hinde, Ch. Pr. 71.
The principal difference between this and a sup plemental bill seems to be that a supplemental hill is applicable to such cases only where the eame parties or the same Interests remain before the court ; whereas an original bill in the nature of a supplemental bill is properly applicable where new parties, with new intereste arising from events oc curring since the institution of the suit, are brought before the court; Cooper, Eq. P1. 75 ; Story, Eq. Pl. § 345. For the exact distinction between a bill of review and a supplemental bill in the nature of bill of review, see 2 Phill. Ch. 705 ; 1 Macn. & G. 397.