Mobile daily commercial register and patriot., 1841-11-02
In ohancers-slale ol Alabama-M Mobile Cuuuty.

In ChancerJ-State Of Alabama-Mohle County. Al Rsies--fJcf. 20, lS4l. Patrick o'Ne and Edward McDermott, con,plls S32 Vs.
 John Byrnes, Senior, John Byrnes, Junior, and the
 creditors ol sald defendants, ,-drientL,nIs. VESHE compliments In this bill, set Erti that they E appointed the assgnees of John Byrnes, Sen. and John Byrnes, Jr. by deed of assignment dated 2lst March, lS37-Ihat in pursuance of said deed they have gone make sales of property and to collect debts--that they have expended all the funds collected and paid of all the preferred credi- tOrs under said decd except two who named, Patrick and Peter Byrnes and made every eNertion collect all the debts due but have been unable to accomplish the same--hat the compla nanl O'Neill has removed from the city of MObile that both compliments therefore, and for other assign ed resign their said trust and exhibit their accounts and pray to he discharged.
 And now the compliments come by their solicitors and apply for order of publication, and it appear ing the satisfaction of the Register of the of chancery for the first district o the southern chance- " division of the state of Alabama al Mobile, (frOm an afficasit e) that this application eod not be made on Monday last, and that the following named defendants reside of the limits of the of Ala hama, to wit: John Byrnes Sen. mud JOhn Byrnes, Jr. Peter Byrnes and Patrick Byrnes who reside in St Louis in the state of Missouri; Wm. Rahkin & Co. who reside in Newark, in the of New Jer- sey and all the following named defendants whs re- side m the city and state of New York, si7: J. Bow en & CO.,, John Brooks & CO.,, Aaron Clarke, Hut chison X Tiffany, Stephen Ketchum, Phu & Dun can, E. W Peck & CO.,, F.. Taylor CO.,, R. G. Barker, W. Nj. Tillotson & CO.,, Thns. H. Messeh ger, William Brown, Boeram & CO.,, P. M. & 'P. Durando, Jos. Hoxie X CO.,, T. NJ. Lyons x CO.,, Ira Perigo, Russell Martin < CO.,, Townsend X Van Noltrand, P. C. Wilmouth, Warren Carter X CO.,, Alexander Sr Mullen, Whitwel Bond X .co., Car penier, Griffin co., Vim. Forst & CO., D. J. N. Judson, H. Moss, T. Peek, F.. & G. Smith,
 WDodnead, Crawford & Reed, Peck, Prem tiss & co, Trowbrldge & Nicol, C. & D. c. Brooks, Clark, Wyman & CO.,, Orlando Fish, Jones, Walter S- Fuller, s. Osborne, J. s. Pearson & CO.,, F. H. Schenck x CO.,, T. Film, A. Watson. Cosky q co. the said defendants ordered appear the next term of the of clancery aforesaid, to be held at Mobile on the second Monday in November next ,and answer or demur to the bill of complaint. And il is further ordered, that this order be published once a week for four weeks in some newspaper printed and published in the city of Moblle, that c.py of the same be posted ihe door of ihe house of Mobile county, and thai copy of the same be for waried b, mail each of said defendants, nonresi- dents at his place of residence as above stated-all within fifteen days from ihis date.
 Witness Malcolm J. McRae, Register of the
 court of chancery aforesaid, At Rules thls
 twentieth day of Ociober A. D. 1S4l.
 Attest, M. J. McRAE,
 oct 22 62tE Register. h Chancery-State of Alalama--AIobile County
 Al Rnles--Oa. lltk 1S4l.
 Jacob Baptiste, complainant.
 S21
 Anne Hitchcock, Caroline Hitchcock, Henry Hitch- cock Andrew Hitchcock, Ethan A. Hitchcock, Isaac H. Erwin, adm'r and Alabama Life Insurance
 and Trust Co.,, defendants.
 THE BILL in this cause sets forth that on the 7th day June in the year 1887, Henry Hitchcock ted deed of mortgage to the colnpft to secure him in the payment of large sun of money; that said H. Hitchcock has since died, and that tbe defe.dants above named (wth the exception of the Life x Trust Col are the heirs and representatives of said Hitch cock that the said mortgage was expressed to be subject 10 further mortgage to be made m favor of the said Life and Trust Co. To secure large to be loaned said Hitchcock, by said Life and Trust Co.,, provided the sum loaned was expended in erect ing buildings property of which this is part, and that said of money was never loaned by said Company to said Hitchcock, and that said buildings were erected, &c-and the bill prays for foreclosure of the equities h redemption oi all the defendants.
 And now it appearing to the satisfaction of the Register, from affidavit filed, that the deits Anne Hitchcock and Caroline, Henry, Andrew and Ethan A. Hitchcock, reside out of the limits of s,e State of Alabama to wit; in the city of Lexington, in the State of Kentucky, and that said Caroline, Hen ry Andrew and Ethan A. Hitchcock, are intants un- der the age of twenty years, and reside with the,r mother Anne Hitchcock at Lexlpgton afore- said It is ordered that the said defendants appear at the next of the court of chancery for the first district of the southern chancery division of state at Mobile, to he held the second Monday of Mo- yenher next, and answer demur to the bill of com pIaint 1t is further ordered that this order be pob lished once week for four weeks in some newspa- per printed aud published in the city of Mobile, that copy of the be posted the door of the court house of Mobile county, and that copy be iorward- ed by mail, Mrs. Anne Hitchcock at her aforesaid place sdence, for herself and also for her aiore said childrea, all within ten days from this date.
 Witness Malcolm J. Mckae, Register of said
 court of chancery at Mobile, this llth day of
 ,har A h Attasf
 ocill 57tE M. J. McRAE, Reg'r,