The Panola lynx., 1845-12-13
Chanccry District Court

j n
1845.
| Samuel Jones Jr.
2G5 rs.
John AlliSon et al
Upon opening the matters of this.
Dill, it appearing 10 the satisfaction OF
/ the court, that Samuel ArbuckIe. Tho
mas q. Allison, William "A. Williams,
John Allison, Alexander II. Poston,
John H. Poston, and William II. Stod-
trart defendants, thereto, are not lnhab-
itanls of the state of Mississippi,
but reside beyond the limits thereof, so
that the ordinary process Of this court
cannot be served on them, and hat the
heirs Of Josiah Gillespie decd, and ia
! bez Butter decd, defendants thereto,
are unknown TO the complanants:-
/ Therefore it is ordered that unless the
said Samuel Arbuckle, Thomas G.. ALI
! son, William A. Wi'ams, John Allison.
FAleXander II. Poston, John II. Poston,
/ William II Stodtrart, and the unknown
heirs of the said Josiah Gillespie and
Jabez Butter decd, appear before the
! Vice Chancellor, at the court room in
Holly Springs, on the first Monday Of
January next, and plead, answer or
demur TO CompIainant's Bill, the sever
al allegations thereof, as 10 them, will
/ be Iaken for confessed, and such order
and decree made thereon as shall ap
peaI equitable and just
And it is further ordered that copy
of this order be inserted in The Lynx"
n newspaper published in the town Of
Pamela, Mississippi, once week for
two months, su "esSiveIy.
JAMES =. ALDERsoN, Clerk.
ABsTF ACT OF BILL.
Charges. That on the 1lth December
1889, the firm Of Talbot Jones q CO.,
consisting Of John Jones, since decd,
and complainant, recovered a judgment
| in the United States District Coult, for
the Northen District OF Mississippi, a
gainst defendant Jhon Allison for S694
49-lOQ debt anddamiges besides costs.
That about the 10th October, only a
few wee Ks. prior TO the recovery of
said Judgment, said Allison, fraudulent
kIy. to evade. the execution Of the same,
made an assignment by pretended
deed of trust, TO Asa Love, of all the
remaining property herein named,
which he had previously, to effect
the same oniecl, smUggled off and con-
veyed to Texas, the said property to
be made fer the benefit Of certain real
or pretended creditors therein named,
that among other debts, named and pre-.
tended TO be secured by said deed, is
sne mentioned as being dne to the Mis-
oissinpl Union Bank for $4,000 upon
note m which the said Allison & John.
Rayburn, are the securities only for
2 Samuel A. Gillespie who IS principal,
: that the intention Of said Allison appa-
rently upon the face Of said deed, so
: far as regards that note, is not to secure
: the payment Of the same TO said Bank,
but not 10 have said Ruyburn molested
iu any way on account thereof, that
there was no consideration moving
; from said Ray burn 10 said Allison, and
that said deed ifvald in other respects,
has no binding force, so far as regards
said debt Of $4,000, that the principal
in said note is so'ver,. and amply a..
bic to pay said debt If not already due,
that said Rayburn is exposed TO no
} danger of molestation. having been for
several years wholly insolvent, many
of the other debts mentioned in said
deed, have been since the execution
| thereof paid off, that Josiah Gillespie,
one of the witnesses 10 said deed, is one
of. the creditors therein named, that
proof or said deed WIS made by the wit
nesses, there being but one other besi
des said Gillespie, that the certificate Of
proof in o,her respects, is not such as
7 The statute requires for admission 10 re-
: cord, that said deed was improperly
admitted to record and operates as no
bar to the lien o. said Judgment, upon
the property therein named, that por-
lion Of the property pretended 10 be con
veyed by said deed is a section of land
therein described. h~ving about 160 a
cres cleared with valuable improve nets
thereon, defendant Love the Trustee,
} came immede tely into possession there
:, of, and has occupied and enjoyed the
h same ever since the execution Of said
: deed, un,er an agreem"nt 10 pay rent
: therefor. at the rate Of S3 so per acre,
5 that he also took po> session of all the
: personal property in said deed specifi-
s ed, together with all the crop Of the
y crop ol the year 1889, raised by said
!, Allison, which he was to diPose of and
o account for as trustee, that the whCle
amount Of debts mentioned in said deed,
besides that Of $4,000, to the Mississippi
Unon Bank is between S1400 and SIS
IS 90. some of which are already paid.
/ that If was not the honest and bona fde
,e intention of said Allison, to secure the
C navment ofthe debts, mentioned in said
If deed. hut TO delay, hinder and defraud
z, other lust creditors one ofwhomi is COM
plainant.
q PRAYER. That said deed Of trust be
- decreed 10 be null and void and of no ef-
t. ect and set aside, so that complainant
,r Nth all other creditors NAV stand unop