The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1846-07-11

STATE on MISSISSIPPI, SIS.
madison County,
"a @s Circuit Court Cdaacsry side,
John s. Lucas n, j
II. U. Cooke and others.)
BTPON opening the complainants bill,
~ and il happening to the satisfaction
Of the Court, that the defendants are not
residents of the State, but reside beyond
the limits thereof, and beyond the iuris-
diction OF this Court, so that the ordina-
ry process Of this Court cannot be exc.
cutcd upon them; it 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
atthe Court House in the town Of Can
ton, in and for the county OF Madison,
aforesaid, on the First Monday Of Octos
Der next, and plead, answer or demur,
10 complainants bill Of complaint, Others
wise the same will be taken Tor comics.
sed against them, set for hearing ex-
parte, and the matters thyreof decreed
accordingly; and it is further ordered
that q copy Of this order be published
in the mississippi Creole,n d newspa-
per published in the town Of Canton once
a week for two months successfully.
Attest; Fl. R. COULTER, Czk.
OHIO 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
lucky, now both deceased, a certain tract
Of land in 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
OF John w. Cooke, deceased; that all Of
said defendants are non-residents of this
State and residents Of the State of Ken.
lucky. Bill further represents that on
the 2lst day Of April, 1910, the said
William P. Cooke undertook to execute
to the said John w. Cooke u general
warranty deed to the said land, but BY
some accident or oversight in drawing
said deed, the land sold as aforesaid was
mis- described, and other lands embraced
in said deed, 10 which said W.. p. Cooke
had no title or claim whatever (which
lands are described in the complainan!s
billy thus leaving out Of the said deed
entirely the land sold and intended to be
embraced, and describing therein other
lands to which he never set up any claim
whatever. Complainant states that a.
bout the 24th day Of December, l84l,
he purchased said land OF John w.
Cooke, so bought by him Of William p.
Cooke, and took from the said John w.
Cooke a quit claim deed to the same in
which the number and description Of the
land were copied from the said first deed
thus falling into the same error commit
ted in the said first deed. Complainant
charges that since the purchase from
said John w. Cooke he has been in pos
session Of tho land actually sold, and in.
tended to be conveyed by the said VIII
liam P. to the said John w. Cooke, and
by the said John w. Cooke to complain.
ant; that he has used and enjoyed the
same and paid taxes on it as his own
property; and bill prays that Hannah
Y. Cooke, Joseph Cooke and other de-
PENDANTS be compelled to answer upon
oath TO the allegations in the bill; and
bill Prays for an order of publication
against said absent defendants, and a
decree that the said deed from William
?. Cook to John w. Cooke be cancelled.
as also the deed from John w. Cooke to
complainant, and that the said defend.
ant Hannah U Cooke and Joseph Cooke
be compelled to execute a general war.
ranty deed to the heirs of John w.
Cooke, deceased, 10 the land actually
sold, and tAatthe heirs Of John w. Cooke
be compelled to execute to you. orator
q quit claim deed to said land, and upon
their failure TO do SO, that a commission.
or be appointed 70 execute said deeds.
and for general relief, &c.
SINGLETON, for Complainant.
Tailoring.