The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1846-08-01

Madison County, s..
a the Circuit Court, Chancerys side
John S. Lucas,
H. U. Cooke and Others.
PON opening the complainants bill
and It appearing to the satisfaction
OF the Court, that the defendants are no
residents of.the State, but reside beyond
the limits thereof, and beyond the uris
diction Of this Court, so that the ordina
ry process Of this Court cannot be exc
cutcd upon them; tits therefore ordered
that unless the said fendants enter
their appearance herein. on or before
the next term of this court, to be held
at the Court House in the town Of Can
ton, in and for the county Of Madison.
aforesaid, on the First Monday Of Octo-
Der next, and plead, answer Or demur,
to compliments bill Of complaint, othe r.
wise the same will be taken Tor comics.
sed against them, set for hearing ex-
parte, and the matters thereof decreed
accordingly; and it is further ordered
that copy Of this order be published
in the mississippi Creole" anewspa-
per published in the town Of Canton once
week for two months successfully.
Attest: II. r. COULTER, OK.
7OTHo r. SINGLETON, Sol.
June 6, 1916. ss-sw
Complainant charges that about the
2lst April, 1910, William P. Cooke, of
Madison county, Mississippi, bargained
and sold 10 one John w. Cooke, Of the
county of Warren, and State Of Ken
lucky, now both deceased, certain tract
Of land in Madison county, Mississippi;
Bill states that said Hannah u. Cooke is
the widow, and said Joseph Cooke, the
only living child Of w. P. Cooke, de-
ceased, that Catharine Cooke is the wild
ow of John w. Cooke, deceased, leaving
no children, that William Cooke, Lud.
low Cooke, and Ann Hines (who inter-
married with Lafayette Hines) are bro
theirs and sister Of said John w Cooke
deceased, that Edwin Cooke and William
Cooke last mentioned are the heirs of
Giles Cooke, deceased, another brother
Of John w. Cooke, deceased; that All OIL
said defendants are non-residents or this |
State and residents Of the. State of Ken
lucky. Bill further represents that on
The 2lst day Of April, 1910, the said
P. Cooke undertook to execute
10 the said John w. Cooke a general
deed TO the said land, but by
some accident or oversight in drawing
said deed, the land sold as aforesaid was
mis- described, and other lands embraced
n said deed, 10 which said w p. Cooke
lad no title or claim whatever (which
ands are described in the compliments
'ilD thus leaving out Of the said deed
Entirely the land sold and intended to be
embraced, and describing therein other
ands to which he never set up any claim
whatever. Complainant states that a T.
bout the gath day Of Deccniber, l84I, Il
lie purchased said land OF John w. r
Cooke, SO bought by him Of WiliiamsP
Cooke, and took from the said John w.
Cooke quit claim deed to the same in
which the number and description Of the
and were copied from the said first deed
hus falling into the same error commit
ed in the said first deed. Complainant
harges that since the purchase from !
aid John W. Cooke he has been in pos l
ession of the land actually sold, and in. S
ended to be conveyed by the said Will c
lam p. 10 the said John w. Cooke, and )
y the said John w. Cooke to complain. I
MT; that he has used and enjoyed the s
anne and paid taxes on it as his own
roperty; and bill prays that Hannah
J. Cooke, Joseph Cooke and other de-
endants be compelled to answer upon
ath to the allegations in the bill; and
i'll prays for an order of publication \
gainst said absent defendants, and
ecree that the said deed from William b
). Cook to John w. Cooke be cancelled, il
S also the deed from John w. Cooke TO o
and that the said defend Il
mt Hannah U Cooke and Joseph Cooke 7
e compelled 10 execute general war ii
anty deed 10 the heirs Of John w. Ii
coke, deceased, 10 the land actually f
Did, and that the heirs Of John w. Cooke Il
e compelled 10 execute to. you- orator a
quit claim deed to said land, and upon f
leir failure to do so, that Commission b
r be appointed to execute said deeds, h
nd for general relief, &c. o
SINGLETON, for Complainant. c