The Panola Miss. lynx. (Panola, Mi. [i.e. Miss.]) 1846-1846, 1846-04-04
Chancery Yeisarfct Court

OEEsaEhNSLS E1h9SA hCG SVssA
Of The State Of Mississippi al Holly
Springs.
AT RULES, the !, Monday OF August
1916.
Samuel Jones II.
2G5 rs.
John Allison Ell 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 H. Poston,
John II. Poston, and William Ii. Stod-
lrart defendants, thereto, are not lnhab-
itants of the stale Of Mississippi,
but reside beyond the limits thereof, so
tina, 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 compainants:-
Therefore it is ordered that unless the
said Samuel Arbuclile, Thomas &. ALI
son, William A. Villains, John Allison,
alexander II. Poston, Johh 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 IN
Holly Springs, on the first Monday OF
January next, and plead, answer er
demur to complainant's. Bill, the sever
al allegations thereof, as 10 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 q copy
OF this order be inserted in The Lynx"
a newspaper published in the town Of
Pamela, Mississippi, once q week for
two months, successfully.
JAMES Z. ANDERSON, Clerk.
ABSTRACT OF BILL.
Charges. That on the 18th December
1889, the firm Of Talbot Jones q CO.,
consisting Of John Jones, since decd,
and complainant, recovered a judgment
in the United States District Court, for
the Northen District OF Mississippi, a.
gainst defendant Jhon Allison for 1904
49-1O0 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 pretended
deed Of trust, to Asa Love, of all the
remaining property therein named,
which he had previously, to effect
the same OBJECT, Struggled oil aid 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 U pom q
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-
'rentIy 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 Royburn molested
in any way on account thereof, that
there was no consideration moving
from said Rayburn 10 said Allison, and
that said deed ifvaiid 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
bic 10 pay said debt if not already due
that said Rdyburn is exposed to nc
DANGER of moleStation, having been for
several years wholly insolyent, many
Of tie 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 Icing bat one other best
des SAID Gillespie, that the certificate o.
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 ne
bar to the lien OF said Judgment, upor
the property therein named, that por
ton OF the property pretended TO be cor
veycd by said deed is section Of LAM
therein described. having about 100 a
ores cleared with valuable improvement.
thereon, defendant Love the Trustee
came Immediately into possession there
of, and has occupied and enjoyed tn,
same ever. since the execution Of saic
deed, under an agreement 10 pay rem
therefor, at the rate of So so per acre
that he also took possession OF all thu
personal property in said deed specifi
ed, together with all the crop OF tn,
crop OF the year l839, raised by sail
Allison, which he was TO Oppose of an,
account for as trustee, that the whcl,
amount Of debts mentioned in said deed
besides thatof $4,000, 10 the Mississippi
Unon Bank is between $1400 and ST.
90. some of which are already paid
that it was not the honest and bona it'd
intention Of said Allison, TO secure th
payment ofthe debts, mentioned in sal
deed, but 10 delay, hinder and defrau