The Mississippi lynx. (Panola, Miss.) 1846-18??, 1846-07-11


said Samuel Arbuckle, Thomas G.. Ali
son, William A. Villains, John Allison
Alexander II. Poston, John II. Poston
William II Slodtrart, and the unknown
heirs of the said Josiah Gillespie ami
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 TO them, will
be laken for confessed, and such order
and decree made thereon as shall ap
pear equitable and just.
And it is further ordered that copy
OF this order be inserted in the Lynx"
II 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 llh December
1889, the firm Of Talbot Jones u CO.,
consisting of John Jones, since decd,
and complainant, recovered judgment
in the United States District Count, for
the Norlhen District OF Mississippi, a
galnst defendant Jhon Allison for $694
49-lOu debt and damgeS besides costs
That about the 10th October, only a
few wet ks. prior 10 the recovery o,
said Judgment, said Allison, fraudulent
ly, 10 eVade, the execution OF the same
made an assignment by pretended
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 to
be made for the benefit of certain real
or pretended creditors therein named,
hat among other debts, named and pre-
tended TO be secured by said deed, is
she mentioned as being due to the Mis-
oissippl Union Bank for $4,000 upon
note IN which the said Allison & John
Ray burn, are the securities only for
Samuel \. Gillespie who is principal,
that the intention 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 10 said Bank
but not TO have said Ray burn moIested
IN any way Oh account thereof, that
there was no conside ration 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.
Bile TO pay said debt if not already due,
that said Rayburn is exposed 10 no !
danger of molestation, having been for |
several years wholly insoIvent, 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 being but one other best
ies 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
TO record and operates as no
bar to the lien OF said Judgment, upon
he property therein named, that por-
ion OF the property pretended 10 be con
'eyed by said deed is section Of land
herein described, having about | 80 "a
,res cleared with valuable Improvements
hereon, defendant Love the Trustee,
came Immediately into possession there
IF, and has occupied and enjoyed the
same ever since the execution Of said
Iced, under an agreement 10 pay rent
herelor, at the rate Of So SO per acre,
hat he also took possession of all the
PERSONAL property in said deed specifi- {
ID, together with all the crop of the {
roP OF the year 1889, raised by said S
which he was to Oppose of and S
ccount for as trustee, that the whole
mount OF debts mentioned in said deed.
'esldes that Of $4,000, 10 the Mississippi
mon Bank is between Sl4OO and SIS
w. some OF which are already paid
hat 1t was not the honest and bona fde
mention OF said Allison, to secure the
ayment oil the debts, mentioned in said
eed, but TO delay, hinder and defraud
Their just creditors one of whomis com
lainant. .
PRAYER. That said deed Of trpst be I
ecreed 10 be null and void and of no ec- P
ct and set aside, SO that complainant q
'l'h aIl other creditors may stand upon a
n eqoai footing, and his iudgmenut e
ave lis unobstructed course. but if it t
hould appear that said deed is not frau Ii
uent, as to the rights of complainant,
or otherwise defective, and that The
anne ought to have its full force and
hecl. whether as to all the debts
nereln named, or whether only as to
II except said $4,000, then that said :
'ove Trustee, be decreed 10 execute
AID trust, by selling all of said proper n
remaining unsc Id including said land i
nd llquidate and discharge said debts. n
nth the proceeds ofsaid sale, and paw
nv balance that rnn.. l.. L