E. F. wherein and whereby it was agreed that the said E. F. should build and construct (or otherwise to fit the case) for the said C. D. on the said land a certain (describe the building, and state the terms of the contract including consideration and terms of payment as fully as known.) 3. That thereafter, to-wit, on or about the..... day of .... ...day of ... 19...., the said E. F. entered upon and commenced the building and construction (or otherwise to fit the case) of the said .... upon the said land pursuant to his said contract and agreement, and in that behalf the said E. F. did afterwards, to-wit, on or about the 19...., make a subcontract and agreement with plaintiff wherein and whereby it was agreed that plaintiff should do and perform the carpenter (or mason or as it may be) work in and about the building and construction (or otherwise as it may be) of the said for the consideration and compensation of (state terms of subcontract and amount and terms of payment fully; and if subcontract was in writing add a copy of which subcontract is hereto attached marked "Exhibit A❞ and made a part of this bill of complaint). 4. That in pursuance thereof plaintiff performed said work, performing the first of the same on the ............... day of 19...., and the last of the same on the.... when said subcon day of tract was fully performed by plaintiff according to its terms; that said work was duly accepted by said C. D. and said E. F., and that the fair and reasonable value thereoof was the aforesaid sum of $...... ; (if materials were also furnished, vary this and subsequent paragraphs accordingly.) 5. That within thirty days after performing the first of said work and labor, to-wit, on the ....day of.... 19...., plaintiff served upon the said C. D. personally (or upon G. H. the agent of the said C. D. having charge of said premises, the said C. D. being absent from said county) a written notice of the furnishing of said work (or material or both), a copy of which notice is hereto attached, marked "Exhibit B" and made a part hereof. (Omit or vary, to fit the facts). ... day of 6. That afterwards and within sixty days after the performance of the last of the said work and labor, to-wit, on the 19...., plaintiff made and filed in the office of the register of deeds of said county, a just and true statement of account of the amount due to him, over and above all legal setoffs, duly verified and seting forth all of the requisites, statements and facts required by law, a copy of which statement is hereto attached, marked "Exhibit C" and made a part hereof. ...day of 7. That within ten days thereafter, to-wit, on the.... 19...., plaintiff served upon the said C. D. within said county (or upon G. H. agent of the said C. D., having in charge the said premises, within said county, the said C. D. being then absent from said county) a copy of said statement, and afterwards, towit, on the day of....... 19...., plaintiff filed in the office of the register of deeds of said county proof of such service by affidavit, a copy of which proof of service is hereto attached marked "Exhibit D" and made a part hereof. ... (If neither owner nor agent could be found substitute for paragraph above:) 7. That during the ten days after filing the said statement as aforesaid, plaintiff made diligent search and inquiry for the said C. D. within said county, and that the said C. D. could not be found in said county, and that plaintiff also during the said ten days made diligent search and inquiry for an agent of said C. D. having charge of said premises within said county, and that no agent of said C. D. could be found in said county; and thereupon plaintiff within five days after the lapse of the said ten days, and to-wit, on the .... day of .... 19...., served such copy by posting the same in a conspicuous place, (state whereabouts) on said premises, and afterwards, to-wit, on day of 19...., plaintiff the filed in the office of the register of deeds of said county proof of such service by affidavit, a copy of which proof of service is hereto attached, marked "Exhibit D," and made a part hereof. 8. That plaintiff is informed and believes that said E. F. has never at any time made out or given to said C. D., or to any agent of said C. D., any statement under oath of the number and names of every or any subcontractor or laborer in his employ in or about the building and construction (or otherwise as may be) 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 work done or material furnished; but that said C. D. has made certain payments to said E. F. without demanding or requiring of or from said E. F. said sworn statement. (Vary to fit the facts; if sworn statement was made and furnished, but payments were not distributed in accordance with statement, and the facts in that regard become material, state them fully.) 9. That by reason thereof a valid and enforcible lien against said premises and in favor of plaintiff arose, and that, although payment for said work (and material) has been demanded by plaintiff, neither said lien nor the debt underlying the same has been paid, satisfied, discharged, waived, assigned, terminated or in any manner relinquished (enlarge or limit to fit the facts), and that there is now due and owing to plaintiff thereon, over and above all legal setoffs, the sum of $........, and that for the enforcement of said lien and debt plaintiff is entitled to establish and foreclose said lien pursuant to the statute in such case made and provided. and.... .... 10. And that plaintiff is informed and believes that ..have, or claim to have, liens against said premises which liens, if valid, are simultaneous with and not superior to the lien of plaintiff. (If there are superior interests outstanding, as prior mortgages, state same here). a. 11. The plaintiff therefore prays the aid of this court: That the said owner C. D. and the said contractor E. F., (and and.... naming all persons having rights or interests in the premises, including other lienholders and those who have filed notice of their intention to claim liens), the defendants hereto may, without oath, answer upon oath being hereby waived, answer all and singular the matters hereinbefore stated and charged, and that they may come to a just and true account with plaintiff in the premises. b. That the amount found to be due to plaintiff upon such accounting with interest and costs, may be decreed to be a lien upon the land and premises aforesaid in favor of plaintiff. C. That the said defendant, C. D. (and E. F.) be decreed to pay the plaintiff the amount so found to be due to him, with interest and the costs of this suit, forthwith. d. 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 plaintiff, with interest and the costs of this suit, and the expenses of such sale. e. That, in the event of such sale, the said defendant, C. D., and all persons claiming by, through or under him, or who have come into possession of said premises since the commencement of this suit, may be forever barred and foreclosed of and from all right or equity of redemption of the said land and premises, and that they, each, and all of them, after the expiration of fifteen months from the time of filing the bill of complaint herein, deliver and yield up possession thereof to the purchaser thereof at such sale on production of the deed executed by the officer 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 said land and premises shall have been in the meantime redeemed according to law. f. That in the event that the sale of said land and premises shall fail to produce a sufficient sum to pay the whole amount so found to be due to plaintiff as aforesaid, together with interest and the costs of this suit and the expenses of such sale, the defendant C. D. (or such others as may be personally liable) be decreed to pay to plaintiff the amount of such deficiency, and that plaintiff have a personal decree and execution for the collection thereof. And that plaintiff may have such other and further relief in the premises as shall be just and appropriate. Attorney for Plaintiff. (Business Address). (Add proper verification). No. 21. Bill by Laborer. (Entitle court, cause and address.) That plaintiff A. B., respectfully shows: 1. That plaintiff is a resident of.... and is engaged in the business of... 2. That heretofore, to-wit, on the ... in ..day of 19...., one C. D. was the owner in fee simple (or part owner or lessee, etc.) of that certain piece or parcel of land described as follows:.... and being such owner (or part owner, etc.) the said C. D. did then make a certain contract and agreement with one E. F. wherein and whereby it was agreed that the said E. F. should build and construct (or otherwise to fit the case) for the said C. D. on the said land a certain (describe the building, and state the terms of the contract including consideration and terms of payment as fully as known.) 3. That thereafter, to-wit, on or about the..... day of 19...., the said E. F. entered upon |