The Mississippi lynx. (Panola, Miss.) 1846-18??, 1846-05-30
Chancery District Court

Ot the STATE OF 1tSSLsS1ppt al. 10fy
Springs.
AT RULES, the /, Monday Of August
1916.
Samuel Jones Jr.
1865 Us. ~
John Allison et al
Upon opening the matters of this
Bill, it appearing to the satisfaction OF
the court, that Samuel Arbuckle, Tho
mas G. Allison, William A. Williams,
John Allison, Alexander Fl. Poison,
John H. Poston, and William II. Stod
trart defendants, thereto, are not inhab
itants 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
bez Butter decd, defendants thereto,
are unknown to the mplainants:-
Therefore it is ordered that unless the
said Samuel Ar6uckle, Thomas G. Ali
son, William A. Williams, John Allison.
Alexander II. Poston, John H. 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 i'll
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
| and decree made thereon as shall ap
peat equitable and Just.
And it is further ordered that a 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 =. ALDER SON, Clerk.
ABSTRACT OF bILL.
Charges. That on the 18th December
1889, the firm Of Talbot Jones & CO.,
consisting of John Jones, since decd,
and comp claimant, recovered a judgment
in the United States District Court, for
the Northen District of Mississippi, a.
gainst defendant Jhon Allison for $694
49-lO0 debt and damigeS besides costs.
That about the 10th October, only a
| few weeks, prior 10 the recovery of
said judgment, seid Allison, fraudulent
! ly, to 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 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 due to the Mis-
oissippl Union Bank for $4,000 upon a
note in which the said Allison & John
Ray burn, are the securities only for
Samuel A. 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
bat not TO have said Ruyburn molested
in 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 eff $4,000, that the principal
in said note Is solvent, and amply a.
BILE 10 pay said debt if not already due,
that said Rayburn is exposed to no
danger of molestation, having been for
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 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
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 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 S. 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 Of 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 $14oO and Sis
90. some of which are already paid.
that IT was not the honest and bona fde
intention of said Allison, to secure the
payment ofthe debts, mentioned in said
deed, but 10 delay, hinder and defraud
other just creditors one efwhom is COM
plainant.
PRAYER. That said deed of trust be