The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1846-08-08
STATE OF MIssnslPPb IS.

STATE OF MISSISSIPPI IS.
In The CireuiI Court, Chancerg SIDE
John s. Lucas,
II. o. Cooke and athers.l
.TTPON opening the comPlainants bill,
~ and il appearing to the satisfaction
OF The Court, that The defendants are not
residents OF the State, but reside beyond
the limits thereof, and beyond the juFls-
dicsion Of this Court, so that the ordina-
Nv process Of this Court cannot be exc,
cutcd Upon them; ii is therefore ordered
that unless the said d PENDANTS enter
their appearance herein, on or before
the next term Of this court, to be held
al The Court House in the town OF Can
ton, il and for the county Of Madison,
aforesaid, on the First Monday Of Octo-
Der next, and plead, answer or demur,
To- compliments bill pf complaint, other
wise The same will be taken Tor COMES.
sed against them, set for hearing OK
parte, and the matters thereof decreed
accordingly; and it il further ordered
that q copy Of this order be published
in the mississippi Creole" a newspa-
per published in the town Of Canton once
a week for two months successfully.
Attest: ii. R. COULTER, CEk.
OTHo R. SINGLETON, Sol.
June 6, l846. 38-9w
Complainant charges that about the
2lst April, 1910, William P. Cooke, Of
Madison county, Mississippi, %bargained
and sold TO one John w. Cooke, Of the
county Of Warren, and State Of Ken.
:ucky, now both deceased, a certain tract
Of land ii 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 a sister Of said John w. Cooke
deceased, that Edwin Cooke and William
Cooke last mentioned are the heirs Of
Giles Cooke, deceased, another brother
oil John w, Cooke, deceased; that all Of
said defendants are non-residents Of this
State and residents Of the State Of Ken,
fucky. Bill further represents that on
the 2lst day Of April, 1910, the said
William p. Cooke undertook TO execute
10 the said John w. Cooke a genera
warranty deed 10 the said land, but BY
some accident OF oversight in drawing
: said deed, the land sold as aforesaid wa;
2 mis- described, and other lands embraced
ia said deed, 10 which said w. P. Cooke
9 had no title or claim whatever (which
lands are described in the complainant
! billy thus leaving out of the said deeC
7 entirely the land sold and intended 10 b
7 embraced, and describing therein othel
lands TO which he ' set up any CLAIM
whatever. Complainant states that a
e bout the Gath day Of December, I84l
$ he purchased said land OF John WI
Cooke, SO bought by him Of William P
Cooke, and took from the said John w
Cooke a quit claim deed to the same ii
which the number and description ol thu
2 land were copied from the said first dec
} thus falling into the same error commit
: ted in the said first deed. CompIainan
charges that since the purchase from
said John w. Cooke he has been in pos
= session Of the land actually sold, and in
Y tended to be conveyed by the said Viii
= liam P. TO the said John w. Cooke, an,
by the said John w. Cooke to complain
. ant; that he has used and enjoyed tn
= same and paid taxes on it as his oWI
!. property; and bill prays that HannaI
Y U, Cooke, Joseph Cooke and other de
: PENDANTS be compelled to answer upoI
: oath TO the allegations in the bill; an
! bill prays for an order Of pubIica:io
Y against said absent defendants, and
decree that the said deed from Williar
P. Cook to John w. Cooke be cancelled
as also the deed from John w. Cooke
> complainant, and that the said defenC
; ant Hannah U Cooke and Joseph Cook
4. be compelled TO execute a general wa
ranty' deed 10 the heirs Of John "
= Cooke, deceased, 10 the land actual
sold, and taat the heirs OF John W.. Cook
y be compelled to execute TO you. oraty
a quit claim deed 10 said land, and upc
= their failure to do so, that a commission
!, or be appointed to execute said deed
~ and for general relief &c.
SINGLETON, for Complainant.