Holly Springs gazette., 1845-04-05
aDistrsct Chaneery Court Of the STATE
Of Mississippi. al Holly Springs.
Norflees r. Sledee Eahru.ru
524 Ds RnIes 1s45
James w. Frazier, et al. eaes


| Therfore II is ordered that unless the un>
known heirs of the said William S. Hem
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 10
the complainanfs Bill, the several allega.
tions thereof will be taken for confessed, as
to.hem, and such order and decree made;
therein as shall appear equitable and just
and it is further ordered that COPY of this
order be inserted 10 the .'Holly Springs Ga
.zette,'' a newspaper published in Holly
Springs, Mississippi, once week for two
months successvely.
ABSTRACT
Charges, That on the 25,h December, lS>
Al, Martin Pleasants & Co. recovered
Judgment against Wilson T. Caruthers, in
the District Court of the United States for
the Northern District of Mississippi. at
Pontotoc, for S7,575. S3cts damages, be-
sides costs upon which judgment and exec
ution issued January IL, 1912. which was
returned nu1la bona-that said Caruthers,
has no property In this State subject to be
levied on TO satisfy said judgment.
That said Judgment, was or the day
of 1914, assigned for vaIu BILE 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
site of Panola (being the present town O
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 Bemopt and Ca.
ruthers being very anxious to have the same
fixed at Pamela. it was agreed between 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 in favor of it as the coun.
ty siie) would cast his vote as member of
said Board. in favor OF locating said county
town a the town of Pamela, said Carutbers
would give said Frazier valuable
section of land for so casting his vote.
That said Frazier, in pursuance of said "a
greement. did cast his vote. as a membr of
said Board of Police, in favor OF locating
the County site at Pamela, and the same was
located al that place; and said Caruthers.
on the I'd, 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 a. and the East half of fractional
Section s. in township 8, rasge 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 TO Caruthers, or from said Fra. |
zler, 10 Henderson or Caruthers, the sole
consideration for said convevances beino
the agreement between Caruthers and Fra.
zler, 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 I
the Judgment against Caruthers. was ow,
ing by Caruthers before the date OF said I
conveyances TO Henderson and Frazier |
and that Caruthers was at that time :ndebt. /
ed beyond his means of payment
That on the 9th November. Is4f. said
Frazier conveyed said east half of section :
to George w. Marshall and on the Il,h of
the same month conveyed said west half of
section 4, to Elizabeth c. Wright. James
L. Wright, Michael w. Wright. r. r
Wright and Sophronia Wright that said
G. has since intermarried win
Bruton
hat said conveyances from said Frazier
to Marshall and Wrights, was made color.
bly, without consideration, in order 10 nre.
vent the creditors of fCaruthers from MAKING
said land subject to their claims. and that
said vendees had notice of the manner in
which Frazier acquired the title to said
lands, because it was matter of public no.
torlety in Panola county where said ven.
dees resided
PRAYER, That said conveyances. be de.
creed 10 be null and void and cancelled 50
hat all Instructions, to an execution . 9a;os,
'aid Caruthers be removed, and said land
to said judgment, or il it shall an.
bear that said conveyances from Frazier s
o Marshalls and Wrights, are bona fed !
or valuable consideration without notice Of :
'razler's inequitable title, thai said Frazier q
e decreed to be Trustee for COM pt for \
be amount of money, or value of properly o
hat may have been received by him. for
aid land. and decreed to pay the same. or
much as may be necessary TO satisfy said
Augment and for general relief. ,,
IRoTTER & STEARNs. Solr,
March s. 1645-no 2S-2m.