Where, on the abatement of a suit, there is such a transmission of the interest of the incapacitated party that the title to it, as well as the person entitled, may be the subject of litigation in a court of chancery, the suit cannot be continued by a mere bill of revivor. but an original hill upon which the title may be litigated must be filed. This is called a “bill in the nature of a bill of revivor.” It is founded on privity of estate or title by the act of the party. And the nature and operation of the whole act by which the privity is created is open to controversy. Story, Eq. PI. 378-380; 2 Amer. & Eng. Enc. Law, 2(1.
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