The Mississippi lynx. (Panola, Miss.) 1846-18??, 1846-05-23
e,homcerV District Court

John Allison Ell al
Upon opening the matters Of this
Bill, it appearing TO the satisfaction
the court, that Samuel Arbuckle, Tho
mas G.. Allison, William A. Williams,
John Allison, Alexander II. Pos on,
John II. Poston, and William II. Stol-
itants of the state Of Mississippi,
bat 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
be- Butter decd, defendants thereto,
are unknown to the complainants:-
Therefore it is ordered thai unless the
said Samuel Arbuckle, Thomas q. Ali
son, William A. Villains, John Allison.
Alexander 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 Chagcel or, at the court room in
Folly Springs, on the first Monday Of
January next, and plead, answer or
demur to Compliments Bill, the sever
al allegations thereof, as TO them, will
be laken for con fessed, and such order
and decree made thereon as shall ap
pear equitable and just.
And it is further ordered that a copy
of this order be inserted in The Lynx
a newspaper published in the town Of
Pamela, Mississippi, once a week for
TIVE months, successfully.
JAMES Z. ANDERSON, Clerk.
ABSTRACT OF BILL.
Charges. That on the 18th December
1889, the firm Of Talbot Jones q CO..
consisting of John Jones, since decd,
and complainant, recovered Judgment
in the United States District Coul t, for
the Northen District OF Mississippi, a
gainst defendant Jhon Allison for S694
49-IOO debt and damiges besides costs.
That about the 10Th October, only
few wee ks, prior TO the recovery o.
said Judgment, said Allison, fraudulent
ly, TO evade, the execution Of the same.
made an assignment by a pretended
deed Of trust, to Asa Love, of all the
remaining property therein named,
which he bad previously, to effect
the same object, struggled 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
she mentioned as being due to the Mis-
oissippI Union Bank for $4,000 upon
note in which the said Allison q John
Ray burn, are the securities only for
Samuel A. Gillespie who is principal,
that the Intentlon 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 TO have said Bay burn molested
in any way on account thereof, that
there was no consideration moving
from said Ray burn to said Allison, and
that said deed ifvalid in other respects,
has no binding force, SO far as regards
said debt of $4,000, that the principal
in said note is solvent, 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 insolven., MANY
Of the other debts mentioned in said
deed, have been since the execution
thereof paid off, that Josiah Gillespie.
one OF the witnesses TO said deed, is one
OF the creditors therein named, that
proof o! said deed was made by the wit
nesses, there Icing but one other best
des said Gillespie, that the certificate of
proof IN other respects, is not such as
the statute requires fer admission to re-
cord, that said deed was improperly
admitted to record and operates as no
bar to the lien OF said Judgment, upon
he property therein named, that por-
lion of the property pretended 10 be con
veyed by said deed is section of land
therein described. having about 100 "a
cres cleared with valuable Improvements
thereon, defendant Love the Trustee,
came Immediately into possession there
Of, and has occupied and enjoyed the |
same ever since the execution Of said |
aeed, under an agreement 10 pay rent
therefor, at the rate of So so per acre,
hat he also took possession of all the
personal property in said deed specifi- |
I'd, together with all the crop Of the |
crop Of the year 1889, raised by said
Allison, which he was to dipose Of and |
account for as trustee, that the whole |
amount Of debts mentioned in said deed,
besides thatof $4,000, to the Mississippi /
Unon Bank is between Sl400 and SIS
DO. some Of which are already paid.
hat it was not the honest and bona fde
Intention of said Allison, to secure the
payment ofthe debts, mentioned in said
Iced, but 10 delay, hinder and defraud
olher just creditors one of whom is com
claimant.
PRAYER. That said deed of trust be
iecreed 10 be null and void and Of no eff
'ct and set aside, so that complainant
With all other creditors may stand upon
IN equal footing, and his judgmenut
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