Holly Springs gazette., 1845-03-08

D1strtct CAaneery Court Of Tie STATE of
Mississippi. az Holly springs
1Noraeet R. Siedge
James w. Frazier, .et al. 0u'es io4o
II appearing to the Court by the affidavit
pine complainant, made and filed with his
Bill, that the heirs of William S. Hender-
son, deceased, defendants 10 said Bill, are
unknown to the Complainant,
Iheffore il 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 Mon tav of
Jnly next, and plead, answer or demur to
the comPlainan's Bill, the several alleoa.
tions thereof viii be taken for confessed. as
to them, and such order and decree made
therein as shall appear equitable and lust:
and t IS further ordered mat a copy of this
order De inse ted IN the Holly Springs Ga-
zette,' newspaper published in Holy
| Springs, Mississippi, once week for two
montns, saccesSiveIy.
| JAMES T. AIDE RSON, Clerk.
ABsTRAcT
| Charges, That on the 25h December. t8>
fl, Martin Pleasapts & Co. recovered
! judgment against Wilson t. Caruthers. in
the District Court Of the United States for
| the Northern District of Mississippi, at
Pontotoc, for 57,575, S3cts damages, be>
sides costs upon which judgment and exec
ulion issued January IL, 1912, which was
| returned auIta b0na-thai 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 valutble con-
sideration to complainant, who now has the
sole right 10 control the same-that in the
summer of 1887. said Caruthers, being in
terested in the nd upon which the county
site of Panola (being the present town Of
/ Panolo) IS situated, and it being then doubt
/ tai whether or not the county town would
I be fixed by the Board of Police of said
| county, at Pamela or at Belmont, and Ca.
I ruther5 being very anxious to have the same
/ fixed at Pamela, it was agreed between said
/ CarutheFs, and James w. Frazier
! then being, one of the members Of the
Board o! Police of said county, that if the
SAID Frazier, who It was understood, at the
time, had been elected as being in favor of
/ Belmont, and was in favor Of it as the coun.
| ty site) would cast his vote as a member of
, said Board in favor OF locating said county
town at the town OF Pamela, said Caruthers
| would give said Frazier valuable
section of land for SO ocasLing his vote
That said Frazier, in pursuance of said a.
greement, did cast his vote. as membr Of
said Board of Police, in favor oil locating
the County site at Pamela, and the same was
located at that place; and said Caruthers.
on the 2t, day Of July, 1887, executed a
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 5, in township 8, range west OF
The basis meridian, chickasaw cession ia
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.
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 oi
the judgment against Carulhers, was ow,
ing by Caruthers before the date OF said
, conveyances to Henderson and Frazier
and that Caruthers was at that time :ndebt
ed beyond his means Of payment.
That on the Oh November. 1871, said
: Frazier conveyed said east baif Of section
: TO George w. Marshall, and on the llh o
the same month conveyed said west half 0
section 4, TO Elizabeth Twilight James II
f Wright, Michael w. Wright, l. B
: Wright and SophFonia Wight, that saic
$ Elizabeth G. has since intermarried will
!. Bruten.
That said conveyances from said Frazie
q to Marhall and virgins, was made color
4 by without consideration, in order 10 pre-
! vent the creditors of CaTuthers from maxim,
said land subject to their claims, and tia
q said vendees had notice Of the manner il
which FRAZER acquired the tile TO aai
s lands, because It was matter of public no
n toriety in Panola county where said ven
, dees resided.
: PRAYER, That said conveyances, be de
e creed 10 be null and void and cancelled, s
r that AL distractions, TO an execution agains
= said Caruthers be removed, and said LAM
, subjected TO said Judgment, or if it shall az
pear that said conveyanccs from Frazle
h to Mafshals and Wrights, are 6ona I'LL
= for valuable consideration without notice o
4 l'Frazier's nequilabIe title, that said Frazie
2 be decreed TO be Trustee for com'pt 70
), the amount Of money, or value OF propert
!, ] that NAV have been received by him, TO
!. said Iand. and iecreed TO pay the same. o