The Panola Miss. lynx., 1846-03-14
Cboucerv District Court

Chancery District Court
Of The State Of Mississippi al Holly
Springs.
AT RULES, the /, Monday Of August
1915.
Samuel Jones Jr.
265 Us.
John Allison et al
Upon opening the matters of this
Bill, il appearing to the satisfaction OF
the court, that Samuel Arbuckle, Tho
mas q. Allison, William A. Williams,
John Allison, Alexander H. Poston.
John II Poston, and William II. Stod-
trart defendants, thereto, are not inhab
itants Of the state Of Mlsslsslppl;
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 10 the complanants:-|
Therefore it is ordered lha; unless the
said Samuel Arbuckle, Thomas q. ALI
sor, William A. Villains, John Allison,
Alexander II. Poslon, John Ii. Poston,
William IL S;odtrart, and the unknown
heirs of the said Josiah Gillespie and
Jabez Butter decd, appear before the
Vice Chancellor, al the court room in
Holly Springs, on. the FIRST Monday of
January next, and plead, answer or
demur 10 COMPLIMENTS Bill, the sever
al allegations thereof. Gs TO them, Will
be laken for confessed, and such order
and decree made thereon as shall ap
peai equitable and just.
And it is further ordered that copy
Of this order he inserted in The Lynx
newspaper published in the town Of
Panola,. Mississippi. once q week Tor
Two months, successfully.
) JAMES Z. ALDERsON, Clerk,
ABSTRACT OF BEL.
Charges. That on the 18th Decmbers
1889, the firm of Talbot Jones q CO.,
consisting Of John Jones, since decd,
and Complainant, recovered judgment
in the United States District Cou,t, for
the Northen District OF Mississippi, a
gainst defendant Jhon Allison for $694
49-1OU debt and damiges besides costs.
That .about the. 10Th October, only a
| Few weeks. prior 10 the recovery Of
said Judgment, said Allison, fraudulent
lv. to evade. the executions OF the same.
made an assignment by pretended
deed Of trust, 10 Asa Love, of all the
remaining property herein named,
| which he had previously, to ELECT
the same object, smuggled of, aud con-
veyed to Texas, the said property 10
be made fer the benefit oi-ceriain real
or pretended creditors therein named,
| that among other debts, NAMED and pre-
tended to be secured by said deed, is
! sne mentioned as being due to the Mis-,
oissippl URion Bank for. $4,000 upon Il
note tn-which the said Allison & John
| Ray burn, are the securities ouly for
Samuel A. Gillespie who is principal,
/ that the-IntentIon Of said Allison appa-
| renlIy upon the face of said deed, so
| far as regards thai note, is not TO secure
| the payment OF the same TO said Bank,
| but not 10 have said Roy burn molested
| ia any way on account thereof, that
| there was no consideration moving
! from said Rayburn 10 said Allison, and
that said deed fvalid in other respects.
/ has no binding force, SO far as regards
Fsaid debt of $4,000, th0t the principal
/ in said note is solvent, and a.nplv a.
bic TO pay said debt if not already due,
hat said Rayburn is exposed 10 no
danger of molestatioI, having been for
several years wholly insoivens, many
| Cf TIE other debts mentioned in said
/ deed, have been since the execution
| thereGi paid Off, that Josiah Gillespie,
! one Gi the witnesses 10 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 besi-
! 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 us 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 l60 "a
cres 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 S5 90 per acre,
that he also took possession of ali the
personal property in said deed specii-
ed, together with all the crop of the
crop oil the year 1889, raised by said
Allison, which he was to dipose 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 SIS
co. 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
| lonI k,,t do.ln.r doc....&l