Holly Springs gazette., 1844-04-27

District Chaneery Court Of The State Of
Mississippi at Holly Springs.
William Wi V. Taylor s' al n,s In Vacation ;ssa
John Stone Ell al
UPON opening the matters of this Bill,
it appearing to the satisfaction OF the court
that the defen dant John Stone. is not an in
habitant of this state, but resides beyond the
limits thereof, so that the ordinary process
Of this court cannot be served on him
Therefore it ordered by the Court that
unless the said defendant appear before the
Vice Chancellor, at the court room in the
town of Holly Springs. on the first Monday
in July next, and plead. answer or detnur,
to complainants BILL the several allegations
thereof, will be taken for confessed as to him,
and such order and decree made therein. as
the Vice Chancellor shall deem equitable
and Jus! and it is further ordered that a
copy ofthis order be inserted in the Holly
Springs Gazette newspaper published in
the town of Holly Springs. Mississippi
once week for two months successively.
Test JAMES c. ANDERSON, Clerk.
ABSTRACT.
Bill charges, That complainant Taylor, sod
to defendant Stone, then citizen of Tippah
county, a section of land living In said county.
known as section %, township l, range ? east oil
the basis meridian, ChickaSaw ceSsion. Thai
| upon the 9th January 1871, there being still q
| balance of the unpaid purchase money due from
| said Stone TO complainant Taylor of S2602 Saic
! Stone then executed his bond for that balance
that before that time, Taylor had executed deeC
to said Stone for said land, but the wife of Tay-
! lor had not executed ber REIMBURSEMENT of dow
| er; the reason assigned by Stone for the an9iety
2 eIr r.s,l1 anSh
was, that he wished to sell the land in order Il
! pay off the residue of the purchase money, ant
| upon the day of the date of said Stones OBJ ga
tion TO Taylor, Taylor'S wife executed her le
| linquiShment OF Dover; that up>n the eGeeu
tion of the obligation OF said Stone, above men
| toned, il was understood between Stone am
! complainants Taylor & Peters all OF whom
| were together that said obligation was 10 b
| transferred by Taylor to Peters. AT The time O
this transaction Stone stated 10 complainantS tina
his intention was TO sell said land Immediately
to one Booth Malone, and pay off SAID obIiga
| iion that ii was with the understan nding thai
would be paid in very short time, that th
obligation was transferred by Taylor to Peter
that instead of disposng of the land in the mar
| ner before mentioned Stone conveyed the sam
by Deed in Trust to defendant Robert Hunt, ths
| Hunt at the time he took said conveyance kne'
| of the existence OF the obligation OF Stone ths
the same was given for the purchase money
said land;th il was then unpaid and the paymer
oft to be preferred TO the debts, which his tru:
deed from Stone was intended to secure tha
said bond for the purchase money is still unpai
and Taylor responsible 10 Peters as asSIgnor {
the same, and will have the same 10 pay if NJ
made out o! the land for which it was givel
that he has right 10 enforce the vendors lie
against Stone, and those claiming under hin
with notice that Stone is a citizen of TeIas an
has no property out OF which SAID claims can
made. Prays that the said land be sold to pa
, the same.
Lucas, LANE g. CLAP, .SOl's.
| April 81 1914.