The Mississippi lynx. (Panola, Miss.) 1846-18??, 1846-07-04

OP tHSos
AT RULES, the /, Monday Of August
1916.
Samuel Jones Jr.
265 Us.
John Allison cd al
Upon opening the matters of this
Bill, it appearing 10 the satisfaction OF
the court, that Samuel Arbuckle, Tho
mas g. Allison, William A. Williams,
John Allison, Alexander II. Posion.
John II. Poston, and William II. S,od-
trart defendants, thereto, are not lnhab-
itanls of the state of Mississippi,
but 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 G. Ali
son, William A. Villains, John allison.
Alexander H. Posion, 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 III
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 Iaken for confessed, and such order
and decree made thereon as shall ap
peai equitable and just.
=. = r.. IS,
Of this order be inserted in 1.-The Lynx"
Il newspaper published in the town OF
Pamela, Mississippi, once a week for
two months, successfully.
JAMES Y. ANDERSON, Clerk.
ABSTRACT OF BILL.
Charges. That on the ! lth December
1889, the firm of Talbot Jones q CO.,
consisting Of John Jones, since decd,
and complainant, recovered judgment
in the United States District CouIt, for
the Northen District OF Mississippi a
gainst defendant Jhon Allison for 1864
49-lOO debt and damiges besides costs.
That about the 10th October, only a
few wet ks, prior 10 the recovery o.
said Judgment, said Allison, fraudulent
ly, 10 cvade, the execution OF the same,
! made an assignment by a e"ded
deed Of trust, to Asa Love, OF all the
remaining property therein named,
which he had previously, to effect
the same object, Struggled off and con-
veyed 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 be secured by said deed, is
she mentioned as being dHe to the Mis-
oissippl Union Bank for $4,000 upon a
note ia which the said Allison & John
Rayburn, are the securities only for
! Samuel A. Gillespie who is principal,
| that the intention Of said Allison appa-
renlly upon the face of said deed, 50
far as regards that note. is not to secure
the payment of the same 10 said Bank
but not 10 have said Ray burn molested
ia any way on account thereof, that
there was no consideration moving
from said Ray burn TO said Allison, and
! that said deed fvalid in other respects
has no binding force, SO far as regards
said debt of $4,000, that the pr!ncIpa
in said note is solvent, and amply Il
BILE 10 pay said debt il not already due
that said Rayburn is exposed to nc
danger of molestation, having been ioI
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 10 said deed, is one
of the creditors therein named, thai
proof of said deed was made by the wit
nesses, there being but one other bcsl-
des said Gillespie, that the certificate OF
proof in other respects, is not such as
the statute requires for admission 10 re
cord, that said deed was improperly
admitted 10 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 section oil lana
therein described. having about 100 "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
therefor, at the rate of So so per acre,
that he also took possession of all the
personal property in said deed specifi-
ed, together with all the crop OF the
crop oil the year 1899, raised by said
Allison, which he was to oppose Of and
account for as trustee, that the whole
amount Of debts mentioned in said deed,
besides that Of $4,000, to the Mississippi
Unon Bank is between Sl400 and SIS
90. some of which are already paid.
that il was not the honest and bona fi3e
intention of said Allison, TO secure the
payment otthe debts, mentioned in said
deed, but 10 delay, hinder and defraud
| hor IF NH