The Panola Miss. lynx. (Panola, Mi. [i.e. Miss.]) 1846-1846, 1846-03-07
Chauccry district Court

AT RULES, the ], Monday Of August
1916
Samuel Jones Jr.
265 rs.
John allison CT al
Upon opening the matters OF THIS
Bill, it appearing TO the satisfaction OF
the court, that Samuel Arbuckle, Tho
mas @. Allison, William A: Williams,
John Allison, Alexander ii. Poston,
John II. Poston, and William IL. Stod-
trart defendants, thereto, are not inhab-
itanls of the stale 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 Ja-
bez Butter decd, defendants thereto,
are unknown to the complainants;-
Therefore it is ordered thai unless the
said Samuel Arbuckie, Thomas q. Ali
son, William 4. Williams, John-AIlisoD,
Alexander II. Poston, John II. Poston,
William H. Stodtrarl, and the unknown
heirs of the said Josiah Gillespie and
jabez Batter decd, appear before the
Vice Chancellor, at the court room IN
Holly Springs, on the first Monday of
January next, and plead, answer or
demur to complanant'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"
a newspaper published in the town Of
Pamela, Mississippi, once Il week for
twomonths, successfully.
JAMES Z. ANDERSON, Clerk.
ABSTRACT OF BILL.
Charges. That on the 1lth December
1889, the firm of Talbot Jones & CO.,
consisting Of John Jones, since decd,
and com claimant, recovered a Judgment
in the United States District Coutt, for
the Northen District OF Mississippi, a
gainst defendant Jhon Allison for 1904
49-lOO debt and damiges besides costs.
That about the 10Th October, only Il
few weeks. prior TO the recovery of
said judgment, said Allison, fraudulent
ly, to cyade, the execution Of The same,
made an assignment by a pretended
deed Of trust, 10 Asa Love, oi oil The
remaining property therein named,
which he had previously, to effect
the same object, Struggled of and con
veycd to Texas, the SAID property TO
be made for the benefit OF Ger ain real
or pretended creditors therein named,
that among other debts, named and pre-
tended to be secured by said deed, is
snc mentioned as being dine to the Mis-
oissippI Union Bank for $4,000 upon a
note in which the said Allison s. John
Ray burn, are the securities only for
Samuel \. 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
but not 10 have said Ruyburn moiesied
ia any way on account thereof, that
there was 10 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 o.! $4,000, that the principal
in said note Is solvent, and amply a.
BILE 10 pay said debt il not already due,
hat said Rayburn is exposed TO no
danger of moleStation, having been for
several years wholly insolvcnt, many
f tie other debts mentioned ia 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 ~Gamed, that
proof OF said deed was made by the wit
nesses, there. Icing but one other bcsi-
des said Gillespie, that the certificate Of
proof in other respects, is not such as
the statute requires for admission 10 re-
cord, that safd deed was improperly
admitted to. record and operates. as no
bar 10 the lien OF said Judgment, upon
rho property therein named, that por-
ton of the property pretended TO be con
yeyed by said deed IS q 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 al agreement pay rent
therefor, at the rato of S. so per acre,
that he also took possession Of all the
personal property in said deed specii
ed, together With all the crop OF the
crop Of the year 1889, raised by said
AllIsen, which he .was to Oppose Of and
account for as trustee, that the whcle
amount ol.debts mentioned in said deed,
besides that Of $4,000, TO the Mississippi
Unon Bank is between Sl40O and SIS
90. some oil which are already paid.
that it wasnot the honest and iona fac'
intention Of said Allison. TO secure the
payment ofthe Gebls, mentioned in said
deed, but 10 delay, hinder and defraud
other just creditors one Of whomis com
plainant.
PRAYER. That said deed of trust be
dacreprl la he mil and ,,a;I -, i =, c.,> = T