Holly Springs gazette., 1845-05-17
District ChaneeTy Court of the State OF
Mississippi. at Holly Springs

Noraeet R. sledge February
James w. Frazier, c, al Rules ls4s
TT appearing to the Court, by the affidavit OF
Il the complainant made and filed with his Bill
tnat he heiIs OF William 8 Henderson deceased,
defendants TO said Bill, are unknown 10 the
Complainant
Therefore it is ordered that unless the un-
known heirs Of the said William ). Henderson
Decd. appear before the Vice Chancellor, al
Ihe Court room in the town of Holly Springs on
the first Monday OF July next, and plead, an
sweT or demur TO the complainanfs Bill, the
several allegations thereof will be taken for
ccnfe sed, as 10 them, and such order and ce,
cree made, therein % shall appear equitable and
Just and 10 is further ordered that copy OF TINS
order be inserted in the Holly Springs Gazette,
"a newspaper published in Holly Splings, Miss
iSSippi, once week for TWO months successive
ly.
JAMES C. ANDERSON, Clerk.
ABSTRACT.
Charges, That on The 25th December, lo4l,
Martin peasants & Co, recovered judgment
against Wilson Il. Caruthers, IN The District
Court of the United States for the Northern
District Of Mississippi, al Pontotoc, for Si,odoi-
S3cts damages, besides costs, upon which luds-
msnt and execution issued January IL, S42,
which was returned nulla bona-that said Ca
rutherS has no properly in this Stale subject TO
be levied on to satisfy said judgment.
That said Indgmeat, was on the day oil
1874, assigned for valuable considera-
iion to comp lainant, who now has the sole light
40 control the same tina: in the summer OF 1884,
said Caruthers, being interested IN the land upon
which The county site OF Pamela IbeinS the
present town Of Panoia) IS situated and IL peins
then doubtful whether or not The county town
would be fixed by the Board OF Police al Pamela
or al Belmont, and CaTulhers being very anX-
iouS TO have Tie same fixed al PanOIa, il was a
greed between said CarutheTS, and James w
Frazier, then being, one OF the members OF The
Board OF Police OF said nty, that if ylhe said
Frazier, (who il Was understood, al The liuir
had been elected as being in tavoI OF Belmont,
and was in FAVOR OF il as the county Sile) would
cast his vote a member OF said BoaTd in Ia.
vor Of locating said county town at the town OF
PanOia, said Carulhers would give said Fra
zer valuable Sectiol. of land tor so casting his
rote. That said Frazier, id pursuance OF said
agreement, did cast his vote, as member ot said
Board OF Police, in favor OF locating inc Coun
~ site at Pamela, and the same was located a
tnat place and said -CarutherS. on the I'd day O
July, 1887, executed deed whereby he con
veyed TO William :. Henderson in pursuance o
sand agreement, with Frazier, the West half O
fractional Section A, and The East half OF lrac
ticual Section 5, in township g. range west o
the basis meridian, chickaSaw cesSion in Panol;
county and said Henderson, On the same day
conveyed said land TO said Frazier no none,
having passed from said Henderson to Caruth-
erSi or from said Frazier, To Henderson or Ca
Tuthers, the sole consideration for said convey
ahce being the agreement between Carutber
anc FRAZER, the name OF Henderson haVins
been used IN the transaction merely 10 avoi,
SUSPICION, and TO give IL the appearance OF iair
ness
That the debt which is the foundation Of th
judgment against CaruIhers, was owing by Ca
IpIheIs before the date of said conveyances Il
Henderson and Frazier, and that Caruihers wa
a. tha' Time icdebted beyond his means of pay
ment. -
That on the Och November. Is4I. said Fra
zler conveyed said east half OF section L
George w. Marshall, and on the l4th OF th
same month conveyed sand west half of section
- 10 Elizabeth q. Wright. James T. Hrighl
B. Virgin and Sophronia Wright, that said \
lzaoelh =. has since iHIermarried with
Brulon-
That said eonveyances from said Frazier 4,
marshall and WrIghtS, was made coIorbIy with
- oul SioeIahon, IN order To prevent the credi
tors OF Carughers from making said land snh
Jec 10 their claims, and that said yendees had no
ice oi The manner in which Frazier acouirer
the tue lands, because il was a matter OF nubII,
notoIiety IN Pamela county where said yender,
resided.
FRAZER, That said conveyances. be dec,ees
10 be null and void and cancelled so thar 81
ooStrucllonss 10 an execution against said "a
ruthers rensosed, ana said subjected 10 "a 4
judgment, or u IL shall appear that said corvev
anceS from Frazier 10 MaFshalls aeJ WrishsSs
are bona hde Tor valuable consideration witRoni
notice OF Erazief's inequiiabe tile, that said
tIaxier DC dccTeea 10 be Trustee for con1p,I
for the amount of money. or value of prcpcr, y
that may have been received by him, lor said
land and decTeed TO pay the same, or SO mnch a.
may be necessary 10 satisfy said judgment and
tor general relief.
TRorrEa & SrEARSs, Ssrrs.
hlarcE = ie1o n2S-2m
C AMPHRSp HwP