Independent Democrat. [volume] (Canton, Miss.) 1842-1844, 1844-12-04

time of sale, having first gwen notice i
three public places in Madison count
aforesaid, or some newspaper prir
ted in said county for thirty days beior
saie-wh;ch said trust was duly accepte
BY said trustees by their signing the sal
deed, which was also signed by said A. G
Bennett--that on or about the 10Th 1
December lS4l, said A. q. Bennett as
signed to complainant, for valuable con
sideration, The said promissory note 70
$746l SO due LIST March 1874, with
credit endorsed thereon for note for s l00t
due Isl March 1914 received on the afore
said note by said A. G. Bennett on I'll
July 1874, and at the same time, assigned
IN writing TO complainant, the deed il
trust aforesaid together with all the equi.
ties thereto attached-that the first note
due LIST March lS4l, has been paid--that
the second note aforesaid is now held by
Wilcox, Anderson & Co, of the City Of
New Orleans, Louisiana, the same having
an endorsement thereon, entered by said
A. q. Bennett, on 18th July 1910, that he
had received thereon one note in his ia.
vor due LIST March 1912, for 1924 90,
also one note for $1,000, and one note for
5000, both due LIST March lS42--that he
third note due lst March, lo43 has been
transferred to the use and benefit of Nan
cy Mutt, Virginia Mutt, of Madison coun.
ty, and one VIM. J. Gasquet Of New Or
leans af,'d the same having an endorse
ment thereon, entered by SAID A. G. Ben
nett, that he had received thereon one
note for $1,000, in his favor, due LIST
March 1913, said endorsement bearing
date l7lh July lSl0--thlt the fourth noie
is the property of complainant as afore-
said; that The fifth note due LIST March
lS43 has been transferred 10 one Samuel
Harrison, Of New Orleans afs'd; that the
sixth note due lst March 1916, has been
transferred TO, or is now held by, said IL
Christmas. That complainant is informed
hat the said n"le for S2224, is now held
oy William LaugIin of Warren county
that The afs'd two notes, one
or S 1000, and the other for SOB }. cred
ted on The note due LIST March l>42, ana
he note for $1,000, credited on The mole
iuo lat March 1913, and also The note
or $1,000, credited on the noIe held by
as aforesaid, are now held by
Watt, Burke Il Co., and that said several
totes yet remain unpaid; that he has
)een informed since he took the note |
\ hlch has been assigned 10 hun as aiore-
rld, that when the SAID notes credited on
he original notes as aforesaid weIe exc
.uled, 1t was intended by The said II. +.
}ennett aud a. Il. Bennett, that the same |
Mould lie embraced in the security of
aid tust-deed; but when the SAID note
vas transferred 10 complainant, he be
ieved that the credit entered thereon,
vas an a soute payment to the amount Of
he note credited and discharged pro lanto
rom the trust deco, ~ submits, whether the
mount of the note credited,as well as those
redlted on the preceding notes, ought no,
} be postponed until the amount due com
lainant on the original note is paid; that
n 9lh March 1913, II. +. Bennett con-
eyed the said property 10 one Christie
|
aving made his last will and testament,
onsllIulng his son, the said A. G. Ben.
EFT, his executor, 10 whom letters lesta-
lentary have been granted, and devIsing
nj beq iethIng his estate in the aforesaid
r"perry to Margge' Bennett, and Re.
coca Bennett; that sIiu II. +. Bennett,
elUre said conveyance 10 Christopher h.
emmett made default in the paymeni Of
aid notes due LIST March 1912 and lst
Iarch 1913, and said II. f. Bennett and
christopher l.. Bennett and said A. G.
emmett, since his death, have made de-
Iult in the payment of the note held by
due 1st March 1914, and
lat said Christmas and Allen have been
fen requested by complainant and 9TH
rs interested in The said debts, 10 proceed
} sell said property in conformity with
le provisions oil said trust deed, but that
lid trustees have entirely failed and re-
sed to do so, by means Of which, CON-
ainant'S debt remains wholly unpaid. The
III prays for subpGnas for the said par,
es residing in this STATE and tor publica-
On against the nonresident defendants;
lat said Henry Christmas & Charles w.
lien be removed as trustees and other
ustee or trustees be appointed Ivy this
curt, TO carry out the provisions Of said
ustdeed; that an account may be taken
lder the direction of this Court, ascer-
lining and determining what part Of the
nd debts ore fn he embraced " ifhin the
eneft of said trust-deed and at the iual
caring, that decree may be rendered
recting the trustee to be hereafter APP
Ointed, 10 sell so much of the said prop
rty as may be sufficient to pay complain.
nt's debt as aforesaid, or that general
elef in the premises be granted.
ABSTRACT OF BILL FILED.
nIYON Cl'k