BILL OF PEACE. In Equity Practice. One which is filed when a person has a right which may be controverted by various per sons, at different times, and by different ac tions. It is necessary to allege that the com plainant is in possession or that both parties are out of possession ; Boston & M. Consol. Copper & S. Mining Co. v. Ore Co., 188 U. S. 632, 23 Sup. Ct. 434, 47 L. .Ed. 626.
In such a case, the court will prevent a multiplicity of suits by directing an issue to determine the right and ultimately grant an injunction; 1 Madd. Ch. Pr. 166; 2 Story, Eq. Jur. § 852 ; Eldridge v. Hill, 2 Johns. Ch. (N. Y.) 281; The Thomas Gibbons, 8 Cra. (U. S.) 426, 3 L. Ed. 610; L. R..2 Ch. 8; Bisph. Eq. 415. Such a bill cannot usually be maintained until the right of the com plainant has been established at law; Bisph. Eq. § 417 ; and it must be filed on behalf of all who are interested in establishing the right; id.
Another species of bill of peace may be brought when the plaintiff, after repeated and satisfactory trials, has established his right at law, and is still in danger of new attempts to controvert it. In order to quiet
the possession of the plaintiff, and to sup press future litigation, equity will grant a perpetual injunction; Eldridge v. Hill, 2 Johns. Ch. (N. Y.) 281; Alexander v. Pen dleton, 8 Cra. (U. S.) 462, 3 L. Ed. 624; Mitt Eq. 143 ; PI1111111 v. Raboteau, 56 Mo. 407; Douglass v. McCoy, 5 Ohio 522. A bill will lie to enjoin a defendant from interfer ing with plaintiff's tenants ; Polk v. Rose, 25 Md. 153, 89 Am. Dec. 773. A bill to quiet title can be filed only by a party in posses sion, against a defendant who has been in effectually seeking to establish a legal title by repented actions of ejectment ; and as a prerequisite to such bill it is necessary that the plaintiff's title should have been estab lished by at least one successful trial at law; Wehrman v. Conklin, 155 U. S. 314, 15 Sup. Ct. 129, 39 L. Ed. 167. See BILL Qum TIM