The Mississippi lynx. (Panola, Miss.) 1846-18??, 1846-06-20
e7homcery District Court


Samuel Jones Jr.
265 rs.
John AHison Ell al
Upon opening the matters OF tins
Bill, it appearing TO the satisfaction OF
the court, that Samuel Arbuckle, Tho
mas G. Allison, William A. Williams,
John Allison, Alexander Ii. Pos'on.
John III. Poston, and William II. Sio1-
trart defendants, thereto, are not lnhab-
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 complalnants:-
| Therefore it is ordered that unless the
| said Samuel Arbuckle, Thomas q. ALI
son. William A. Williams, John Allison.
Alexander H. Poston, John 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 III
Holly Springs, on the first Monday of
January next, and plead, answer or
demur to complalnant'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
peal equitable and just.
| And it is further ordered that copy
( OF this order be inserted in ''The Lynx
newspaper published in the town OF
Pamela, Mississippi, once week for
+ two months, successfully.
JAMES =. ANDERSON, Clerk.
! ABSTRACT OF BILL.
Charges. That on the 18th December
/ 1889, the firm of Talbot Jones & CO.,
consisting of John Jones, since decd,
and complainant, recovered judgment
in the United States District Court, for
the Northen District OF Mississippi, a
gainst defendant Jhon Allison for 1854
49-100 debt and damiges besides costs.
That about the 10Th October, only
few wee ks, prior 10 the recovery OF
said Judgment, said Allison, fraudulent
ly, TO evade, the execution Of the same.
made an assignment by a 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
note in which the said Allison q John
Rayburn, 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 TO said Bank
but not 10 have said Ray burn molested
in any way on account thereof, that
there was no consideration moving
| from said Rayburn 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 10 pay said debt if not already due,
that said Rayburn is exposed to no
danger of moestation, having been for
several years wholly insolyent, 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 saiddeed, 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
the statute requires for admission 10 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 go "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 So SO per acre,
that he also took possession of all the
personal property in said deed specifi-
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 Sl400 and Si5
90. some of which are already paid.
that if was not the honest and bona file
intention of said Allison, TO secure the
payment ofthe debts, mentioned in said
deed, but TO delay, hinder and defraud
other just creditors one of whom is com
plainant.
PRAYER. That said deed Of trust be
decreed 10 be null and void and Of no ef-
ect and set aside, SO that complainant
with all other creditors may stand upon