Form Of Bill Of Complaint

State of................................

In the Circuit Court for the County of....................In Chancery.

John Doe and Mary Doe,

Plaintiffs, vs. Richard Roe,

Defendant.

TO THE CIRCUIT COURT FOR THE COUNTY OF..................

John Doe and Mary Doe, plaintiffs, herein, respectfully show unto this Honorable Court:

1. That these plaintiffs being the owners in fee of the following described real estate: (here describe real estate) and

125. Wellboon v. Tiller, 10 Ala. 305.

126. Paschal v. Hudson (Tex.), 169 S. W. 911.

127. Chaney v. Coleman, 77 Tex. 100, 142 S. W. 370.

128. McKenzie v. Call, 176 Mich. 198.

129. Fountain v. Semi-Tropic Land Co., 99 Cal. 677, 34 Pac. 497; Ray v. Haviland, 72 Ind. 364; Walker (Iowa), 61 N. W. 930; Barnes v. Gilmore, 6 N. Y. Civ. Proc. R. 286.

also being the owners of a large amount of personal property-consisting of: (here describe stock) of the estimated value of

......................................................, upon which farm the plaintiffs lived and conducted a farming business, were induced, on the

....................day of.................., A. D. 19......, and prior thereto, by

Richard Roe of....................to exchange said farm and personal property thereon for the following described property, in the

City of...................., said county, and state, namely: (here describe property) and also induced these plaintiffs to enter into a land contract for the purchase of the property last above described, for the sum of....................................................; the sum of..................................................................being credited to these plaintiffs on said contract, being the estimated value of the real estate and personal property first above described belonging to these plaintiffs and the balance payable at the rate of....................per month as per said contract, a true copy of which is hereto attached and marked exhibit "A" and made a part of this Bill of Complaint.

2. That for the purpose of inducing these plaintiffs to execute a deed of said farm and bill of sale of said farm property to said defendant, and to enter into said land contract for the purchase of the property last above described, said defendant Richard Roe falsely, deceitfully and fraudulently represented and pretend that the real estate last above described was worth...................., and that the said property could sell, at any time, in the market for more than....................in cash, and that he, defendant Richard Roe, could sell the same in the market for cash for......................and more in......................days time; that the net yearly rentals from said property was........

....................and upwards and that the same were and could be rented so as to yield a net income of......................and upwards per year after paying all expenses; that the expense of heating the building thereon, the same being an apartment house, would not exceed the sum of....................and that the total expense connected with said apartment house would not exceed the sum of...................., and that all the apartments were then rented for....................per month each. That these plaintiffs not being familiar with the value of property in the City of ...................., and having no occasion to doubt said statements of said defendants, relied thereon and were induced thereby to make such exchange of property and to enter into the said land contract, as above described.

3. That these plaintiffs, since making said exchange of said property and entering into said land contract, are now, on to-wit: the....................day of...................., A. D. 19......, informed and believe and charge the truth to be that the said last above described real estate, was not at the time said representations were made, worth....................and that the same was not worth to exceed...................., and could not be sold in the market for

....................; that the net yearly rental from said property was not........................and would not exceed........................; that said apartments were not and could not be rented so as to pay a yearly income of....................and upwards after paying all expenses; but plaintiffs allege that the income therefrom would not exceed....................after paying all expenses; that the annual expense of heating said apartment house and the payment of the annual taxes and other expenses on said property has amounted to a sum much in excess of................and that the actual amount is more than twice that sum; that said apartments were not, at the time, all rented for................per month, and that the said defendant also made other false and fraudulent representations in respect to said property which were relied upon by these plaintiffs.

4. That plaintiffs further show that they stand ready and willing to pay to said defendants all such sums as may be found to be legally and equitably due to said defendants, if any, and to surrender possession of said apartment house to the said defendants; these plaintiffs having on the................

day of...................................., A. D. 19........, given notice to the said defendant that possession of the said apartment house would no longer be held by these plaintiffs, and the said defendant has refused to accept the offer of these plaintiffs to surrender possession of said apartment house.

5. These plaintiffs further show that the said defendant, Richard Roe, is attempting to sell and dispose of the said real estate secured from these plaintiffs, which was credited in the sum of................................................upon said land contract for the purchase of said apartment house, and also to dispose of his interest in said apartment house to the injury of these plaintiffs unless he is restrained from so doing by the injunction of this Court.

6. These plaintiffs further show that they have no remedy against said defendant, save in a court of equity and to the end that said Richard Roe, defendant in this suit, may:

(1) Make full, direct and perfect answer to all and singular the matters hereinbefore stated and charged.

(2) That the said land contract between said plaintiffs and said defendant be set aside and declared null and void for fraud.

(3) That the said plaintiffs recover from said defendants the sum of............................................dollars paid on said land contract, as appears by the endorsements thereon, and the moneys expended on said apartment house, with interest, less a fair rental value for the time said plaintiffs occupied said apartment house.

(4) That the amount so found due be decreed to be a lien upon the real estate deeded by these plaintiffs to said defendant first above described in paragraph one of this bill, and credited on the land contract for the purchase price of said last above described property described in paragraph one of this bill, and that said sum so found due be decreed to be due and payable herewith and that as evidence of said lien, the decree entered in this cause, or a certified copy thereof, may be recorded in the office of the Register of Deeds for the County of..................

(5) That the People's Writ of Injunction may issue out of and under the seal of this Honorable Court restraining said defendant from selling, assigning, or otherwise disposing of the real estate secured from these plaintiffs described as follows: ........................, and from selling, assigning, or otherwise disposing of this interest in said apartment house described more fully, as........................................until the further order of this court.

(6) That these plaintiffs may have such other and further relief in these premises as shall be agreeable to equity and good conscience, and as to this court may seem meet.

And these plaintiffs will ever pray, etc.

.......................................................................

Plaintiffs. Attorney for Plaintiffs.

State of Michigan, County of Wayne, ss.

On this................ day of........................................A. D. 19........, before me a Notary Public in and for said county, personally came the above named plaintiffs, John Doe and Mary Doe, who made oath that they had read the foregoing bill of complaint by them subscribed, and that the same is true, except as to those matters stated upon information and belief, and as to those matters, they believe it to be true.

Notary Public, Wayne County, Mich. My commission expires..............................................