The Panola Miss. lynx. (Panola, Mi. [i.e. Miss.]) 1846-1846, 1846-03-21

Springs.
AT RULES, the /, Monday of August
1916.
Samuel Jones T.
goo Us.
John Allison Ell al
Upon opening the matters of this
Bill, it appearing to the satisfaction OF
the court, that Samuel Arbuckle, Tho
mas CT. Allison, William A. Williams,
John Allison, Alexander Ii. Poston,
John II. Poston, and William II. Stod-
trart defendants, thereto, are not inhab-
itants of the state Of Mississippi,
but reside beyond the limits thereof, 50
that the ordinary process of this court
cannot be served on them, and hat the
heirs of Josiah Gillespie decd, and ia
bez Butter decd, defendants thereto,
are unknown to the compIainants:-
Therefore it is ordered that unless the
said Samuel Arbuckle, Thomas @. Ali
son, William A. Williams, John Allison,
Alexander Ii. Poston, John Il. Poston,
William Il. 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, viii
be taken for confessed, and such order
and decree made thereon as shall ap
peal equitable and just.
And it is further ordered that q copy
Of this order be inserted in ''The Lynx"
a newspaper published in the town OF
Pamela, Mississippi, once a week for
TWO months, successfully.
JAMES =. ANDERSON, Clerk.
ABSTRACT OF BILL.
Charges. That on the 18th December
1889, the firm Of Talbet 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
49-100 debt and damiges besides costs.
That about the 10th October, only
few weeks, prior 10 the recovery Of
said Judgment, said Allison, fraudulent
ly, to evade, the execution Of the same.
made an assignment by q pretended
deed of trust, 10 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 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 dne to the Mis-
oissip Union Bank for $4,000 upon a
note IN which the said Allison 81 John
Ray burn, are the securities only for
Samuel A. Gillespie who is principal,
that the intention Of said Allison appa-
rentIy 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 Ruyburn molested |
in any way On account thereof, that
there was no consideration moving
from said Ray Born 10 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. |
BILE 10 pay said debt if not already due,
hat said Ray burn is exposed to no |
danger of molestation, having been for
several years wholly insolvent, 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 OF said deed was made by the wit
nesses, there. Icing but one other best
ies 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 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 TO be con
veyed by said deed IS a section of land
therein described. having about $50 a.
cres cleared with valuable Improvements
thereon, defendant Love the Trustee,
came Immediately into possession there
Of, and has occupied and enjoyed the
oAiIlO OFCi ctiINS TIC CACCUtlOl u. StlIu
deed, under an agreement 10 pay rent
therefor, at the rate Of IS so per acre,
that he also took possession of all the
personal property in said deed specif-
ed, together with ali the crop Of the
crop oil the year 1889, 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 $1400 and Sl5
90. some of which are already paid.
hat 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 Of whomis com
plainant.
PRAYER. That said deed of trust be