Holly Springs gazette., 1844-05-04

District Chancery Court Of the State Of
Mississippi at Holly Springs
Malichi Pegues } In vacation,
440 as. ! April 10, 1874
The Mississippi Union
Bank Cd aL upon open-
ing the matters of this Bill, it appearing 70
the satisfaction ofthe courtthat the defendant
Benjamin Love Is not an inhabitant of this
state, bat resides beyond the limits thereof,
so that the ordinary process OF this court
cannot be served on him:
Therefore it is ordered that unless the
said defendant appear before the Vice Chan
celior, at the court room Ia the town Of Hol-
ly Springs ca the first Monday of July next,
and plead, answer or dem urIto complainants
bill, the several allegations thereof will be
taken for confessed as to him, and such or
der and decree made therein, as the Vice
Chancellor shall deem equitable and Just;
and 1t IS further ordered that copy of this
order be inserted in the ''Holly Springs Ga
zetle," "a newspaper published in the town
Of Holly Springs, Mississi ppi, once week
tor two months successively.
Test, JAMES C. ANDERSON, Clerk
ABSTRACT.
Bill charges, That in the year 1S4f, Complai-
nant purchased of defendant, Benjamin Love
section no % township raage 2 west of the ba-
sis meridian ChickaSaw ceSSion, and also an
eighth of an adjoining section, for which he a
greed to give $lI 600; and on the 26th Novem-
ber, 1911, took a deed of conveyance from said
Love for said section, which was duly recorded
in the Clerks Office OF the Probate Court OF Mar
shall county, within the time prescribed by law.
Complainant took possession and has held il ev-
since very shortly after his said purchase that
he has paid S., 900 OF the + 600, which he a.
greed to give said Love and the remaining note
for the residue has been transferred by said Love:
At the time of receiving the conveyance ofthis
land from said Love, there were three Judgments
against said Love and others, in the Circuit
Court of ChickasaW county, Mississippi in fa-
voF of the Mississippi Union Bank two OF which
were for the Of fifteen or sixteen hundred
dollars each, and the other for between twelve
and thirteen hundred dollars besides costs all OF
which were upon forfeited forthcoming bonds
dated 18th cenber, 1899 and returned forfeit
ed 10 the lTay term 1910 of said court On the
20 July, 1913, e1ecuiions were issued on said
judgments, to the Sheriff of Marshal county
into whose hands they came, and two OF them le,
We'd on a negro girl and barouehe which have
been sold for $50, and the execution on the 9th
er judgments, levied said section 2S that there
seems to be yet due on said judgments about fif-
teen or sixteen hundred dollars-that complain
ant knew nothing of the existence of said iudg-
mentS at the time the made his purchase nor
when he paid the SS, ,0O0-that The Mississippi
Union Bank has never caused abstracts of said
judgments 10 be recorded in the county of Mar
shall. as frequired by law, where said land lies
aud has forfeited all lien upon said land-that
Love has abSconded from the state of Mississip-
pi and carried with him or otherwise disposed
of the whole of his visible property prays that
the Mississippi Union Bank be perpetuaIly en-
Joined from selling said section 2s under sa nd
levy, and from levying the other two erecutions
upon It, LUCAS, LANE & CLAPP Sok'rs
April 81, 1871.