The Mississippi lynx. (Panola, Miss.) 1846-18??, 1846-07-18
Chanccry District Court


AT RULES, the Monday of August
845.
Samuel Jones Jr.
265 Us.
John Allison .ek al
Upon opening the matters Of this
Bill, it appearing 20 the satisfaction of
the court, that Samuel Arbuckle, Tho
mas @. Allison, William A. Williams,
John Allison, Alexander II. Posion.
John H. Poston, and William II. Stol-
trart defendants, thereto, are not inhab-
ilants 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 Ja-
bez Butter deed, defendants thereto,
are unknown TO the complainantsi-
Therefore it is ordered that unless the
said Samuel Arbuckle, Thomas q. AIli-
son, William 4. Wliiams, John Allison.
Alexander Ii. Poslon, John II. Poston,
William II Stodtrart, and the unknown
heirs of the said Josiah Gillespie and
Jahez 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 compliments Bill, the sever
al alterations thereof. as 10 them, Will
be taken for confessed, and such order
and decree made thereon as shall ap
peal equitable and just.
And it is further ordered that q copy
Of this order be inserted in The Lynx
a newspaper published in the town OF
Pamela, Mississippi, once a week for
two months, successfully.
JAMES &. ALDERs SON, Clerk.
ABSTRACT OF BILL.
Charges. That on the 1lth December
OO39, The firm of Talbot Jones & CO.,
consisting Of John Jones, since deed,
and complainant, recovered judgment
in the United States District Court, for
the Northen District OF Mississippi, a
gainst defendant Jhon Allison for S694
49-IOu debt and damiges besides costs
That about the 10Th October, only a
few we, ks. prior 10 the recovery o
said Judgment, SAID Allison, fraudulent
ly, to cvade, the execution of the same
made an assignment by Preie de.d
deed of trust, TO Asa Love, of all the
remaining property herein named,
which he had previously, TO effect
the same object, smuggled off and con-
veycd to Texas, the said property TO
be made iur the benefit Of certain real
or pretended creditors therein named,
hat among other debts, named and pre-
tended to be secured by said deed, is
she mentioned as being due to the Mis-
oissipp Union Bank for $4,000 upon a
note in which the said Allison u John
Ray burn, 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 10 said Bank
but not 10 have said Roy burn molested
ia any way on account thereof, that
there was no conSide ration moving
from said Ray burn 10 said Allison, and
that said deed ilvalid in other respects.
has no binding force, SO far as regards
said debt Of $4,000, that the principa
in said note is solvent, and amply a.
BILE to pay said debt if not already due.
that said Ray burn is exposed TO no
danger Of mo!estation, having been for
several years wholly insolven', many
Of the other debts mentioned in said
deed, have been since the execution
thereof paid off, that Josiah Gillespie,
one Of the Witnesses 10 said deed, is one
of the creditors therein named, that
proof oil said deed was made by the wit
nesses, there Icing but one other best
des said Gillespie, that the certificate Of
proof in other respects, is not such as
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 TO be con
veyed by said deed Is 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 an agreement 10 pay rent
therefor, at the rate Of So so per acre,
that he also look possession Of all the
personal property in said deed specifi-
ed, together with all the crop Of the
crop oil the year 80, raised by said
Allison, which he was TO Oppose of and
account for as trustee, that the whole
besides that Of $4,000, TO the Mississippi
Unon Bank is between S 400 and SIS
90. some of which are already paid.
that il was not the honest and bona fde
intention Of said Allison. to secure the
payment ofthe debts, mentioned in said
deed, but 10 delay, hinder and defraud
other just creditors one ofwhom is com
IL,