The Panola Miss. lynx. (Panola, Mi. [i.e. Miss.]) 1846-1846, 1846-04-25

/
| Therefore it is ordered that unless the
said Samuel Arbuckle, Thomas G. Ali
son, William 4. Williams, John Allison,
! Alexander H. Poston, John Ii. Poston,
! William II. Stodtrart, and the unknown
| heirs Of the said Josiah Gillespie and
Jabez Butter decd, appear before the
/ Vice Chancellor. at the court room IN
Holly Springs, on the first Monday of
January next, and plead, answer or
demur to compliments Bill, the sever
al allegations thereof, as 10 them, will
/ be laken for confessed, and such order
Fuad decree made thereon as shall ap
pear equitable and just.
And it lis further ordered that copy
of this order be inserted ia ''Fhe Lynx"
newspaper. published in the town of
Pamela, Mississippi, once q week for
two months, successfully.
JAMES Z. ALDERsoN Clerk.
ABSTRACT OF BILL.
Charges. That on the 18th December
1889, the firm Of Talbot Jones q CO.,
consisting of John Jones, since deed,
and complainant, recovered u judgment
in the United States District Court, for
the Northen District OF Mississippi, a
gainst defendant jEoH Allison for $694
49-1O0 debt and damigeS besides costs.
That about the 10Th October, only
few weeks, prior TO the recovery of
said Judgment, said Allison, fraudulent
Iy, 10 evadc, the execution cFthe same,
made an assignment by pretended
deed Of trust, 10 Asa Love, Of all the
remaining property therein named,
which he had previously, to effect
The same object, smuggled off and con-
viewed to Texas, the said property 10
be made fer the benefit OF certain real
or pretended creditors therein named,
that among other debts, named and pre-
tended TO bo secured by said deed, is
she mentioned as being due to the Mis-
oissippi Union Bank for S20CO upon
note in which the said Allison ~ John
Rayburn, are the securities only for
Samuel \. Gillespie who is principal,
that the intention of said Allison appa-
renrly upon the face OF said deed, so
far as regards that note. is not TO secure
the payment of the same 10 SAID Bank.
but not to have said Ray burn molested
10 any way on account thereof, that
there was no consideration moving
+ from said Ray burn to said Allison, and
that said deed valid 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 It
Bile TO pay said debt if not already due,
that said Ray burn is exposed to no
danger Of molestation, having been for
several years wholly insolVent, many
cf 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 OF said deed was made by the wit
Eesses, there being but one. other best
des said Gillespie, that the certificate of
proof in other respects, IS not such as
/ the statute requires for admission TO re-
cord, that said deed was improperly
admitted to record and operates as no
/, bar to the lien OF said Judgment, upon
! the property therein named, that >por
ton of the property pretended 10 be con
veyed by said deed is a section of land
therein described. having about 60 a.
ores 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
deed, under an agreement 10 pay rent
4 therefor, at the rate of So so per acre.
/ that he also took possession of all the
personal property in said deed specif-
ed, together with all the crop Of the
crop oil the year 1899, 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 that of $1,000, to the Mississippi
Unon Bank is between Sl40o and SIS
100. some of which are already paid.
that it was not the honest and bona tide
intention of said Allison, to secure the
payment ofthe debts, mentioned in said
deed, but to delay, hinder and defraud
other just creditors one ofwhom is com
! plainan.
PRAYER. That said deed Of trust be
decreed 10 be null and void and of no eff
ect and set aside, SO that complainant
with all other creditors may stand upon
an equal footing, and his Judgment
have It's unobstructed course, bat if it
should appear that said deed is not frau
dulent, asto the rights of complainant,
nor otherwise defective, and that the
same ought to have its full force and
effect, whether as to all the debts
therein named, or whether only as 10
all except said $4,000, then that said
Love Trustee, be decreed to execute
said trust, by selling all of said proper
ty remaining unsc Id including said land
and liquidate and discharge said debts,
with the proceeds ofsaid sale, and pay