Holly Springs gazette., 1845-03-15
District Chanf cry Coavt 81 che State Of
Mississippi, ar Holly Springs.
Norfeet R. Sledge February
524 vs Rules 1915
James W. Frazier. ct al.

IT appearing to the Court. by the affidavit
ofthe complain ant, made and flied with lis
| Bill, that the heirs Of William S. Hender-
son. deceased, defendants to said Bill. are
unknown to the Complainant,
Therfore ii is ordered that unless the un>
known heirs of the said William s. Hen
eerson Decd appear before the Vice
Chancellor, at the Court room IN the town
of Holly Springs. on the first Monday of
july next, and plead, answer or demur to
the complainants Bill. the several ailega.
tions thereof will be taken for confessed. as
tothem. and such order and decree made
therein as shall appear equitable and just;
and it is further ordered that a copy of this
order be inser ted IN the Holly Springs Ga
zette," a newspaper published IN Holly
Springs, Mississippi, once week for two
montas. successively.
JAMES C ANDERSON. Clerk.
ABSTRACT
Charges, That on the 25lh December, l8>
Al, Martin Peasants & Co. recovered
Judgment against Wilson I. Caruthers, IN
the District Court of the United States for
the Northern District OF Mississippi, at
Pontotoc, for 81 ,575, S3cts damages, be>
sides costs, upon which judgment and exec
ution issued January II, 1912, which was
returned nulIa b0na-that said Caruthers,
has no property in this State subject to be
levied on 10 satisfy said judgment.
That said judgment. was or the day
of 1914, assigned for valuable con-
sideration to complainant, who now has the
sole right TO control the same-that in the
summer Of 1887, said Caruthers, being in
terested in the land upon which the county
- Ia -. f1,a of
Panolo) is situated, and it being then doubt
tul whether or not the county town would
be fixed by the Board of Police of said
county, at Panoia or at Belmont, and Ca
rutherS being very anxious to have the same
fixed at Pamela, il was agreed bet ween said
Caruthers, and James w. Frazier,
then being, one Of the members of the
Board Of Police of said county. that if the
said Frazier, (who it was understood, atthe
time, had been elected as being in favor OF
Belmont and was ia favor Of ii as the coun.
ty site) would cast his vote as member of
said Board, in favor OF locating said county
town a the town of Pamela, said Caruthers
would give said Frazier a valuable
section of land for so casting his vote
That said Frazier, In pursuance of said a.
greement, did cast his vote, as membr OF
said Board of Police, in favor OF locating
the County site at Pamela, and the same was
located at that place; and said Caruhers.
on the 3D. day of July, 1887. executed
deed whereby he conveyed to William s.
Henderson in pursuance Of said agreement,
with Frazier, the West half of fractional
Section 4, and The East half Of fractional
Section S, in township 9, range west of
the basis meridian, chickasaw cession in
Pamela county; and said Henderson, on
the same day, conveyed said land to said
Frazier, no money having passed from said
Henderson 10 Caruthers, or from said Fra
zier, 10 Henderson or Caruthers, the sole
consideration for said conveyances being
the agreement between Caruthers and Fra
zier, the name Of Henderson having been
used in the transaction, merely to avoid
suspicion, and TO give it the appearance of
fairness.
That the debt which is the foundation Of
the judgment against Caruthers, was ow>
ing by CarUthers before the date OF said
conveyances TO Henderson and Frazier,
aud that Caruthers was at that time :ndebt-
ed beyond his means of payment.
That on the 9th Nov ember. I8zl, said
Frazier conveyed said east half of section 5
to George w. Marshall. and on the lth of
the same month conveyed said west half OF
section 4, 10 Elizabeth G.. Wright James Il. 4
Wright, Michael W. Wright, l. B.
Wright and Sophronia Wright, that said
Elizabeth G. has since intermarried with
Bruten.
That said conveyances from said Frazier
to Narhall and virgins, was made color
bly, without consideration. in order to pre-
vent the creditors of CaTuthers from maxine
said land subject to their claims, and that
SAID vendees had notice Of the manner IN
which Frazier acquired the ti.le TO said
lands, because it was a matter of public no.
torieiy IN Panola county where said ven
dees resided
PRAYER, That said conveyances. be de-
creed to be null and void and cancelled 50
that al distractions, to an execution against
said Caruthers be removed. and said land
subjected TO said judgment. or if it shall an
pear that said conveyances from Frazier
to Marshatls and Wrights, are 5Jna 6Re
tor valuable consideration without notice Of
Frazier's inequitable title, that said Frazier
De decreed to be a Trustee for com'pt for
lne amount OF money, or value of property
mat may have been received bv him. for |
said lahd and decreed to pay the same. or
so much as may be necessary to satisfy said |
judgment and for general relief
TRorTER & STEARNs. Sosrs. |
march S, IS45-no 29-2m