The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1846-06-20
STATE OF MISSISSIPPI, eg
Madison Countys

Madison ronnty. SS
n he cireaa Cont, Chaaesrg side.
John S. Lucas,
VS.. No, 7B.
IT, d. Cooke and others3
#TP0N opening Tho complainants Bill,
~ and il appearing TO the satisfaction
Of the Court, that The defendants are not
residents Of the Stale, but reside beyond
the limits thereof and beyond the juris.
d.ction Of this Court,so that The o@rlIina-
~ process Of this Court cannot be exc,
cuted upon them; itis therefore ordered
that unless tho said d PENDANTS enter
their appearance herein, on or before
the next term Of this court, IL be held
at tho Court House in the town Of Can
ton, ID and foF the county of Madison,
Aforesaid, on the First Monday Of Octo-
Der next, and plead, answer or demur,
To complainants bill of complaint, other.
wise the samo will be taken or COMES.
sed against them, sell for hearing OK
parte, and The matters th9reof decreed
accordingly; and It Is further ordered
shut d copy Of this. order DO published
y in tho "Mississippi Creole" i newspa-
FER published ID enc town OF Canton once
a week for two months successfully.
Attest: FL. r.. COULTER, CHI.
OTHo r. SINGLETON, Sol.
June s, 1916. 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, Or The
county Of Warren, and State Of Ken
:ucky,now both deceased, a certaint tract
ofsland il Madison county, Mississippi;
Bill states that said Hannah u. Cooke ii
the widow, and said Joseph Cooke, the
only living child Of w. p. Cooke, de-
ceased, that alharine Cooke is the Wild
ow Of John w. Cooke, deceased, leaving
no children, that William Cooke, Lud.
low Cooke, and Ann Hines twho inter.
married with Lafayette Hines) are bro.
thersa and asisler Of said John w. Cooke
deceased, that Edwin Cooke and William
Cooke last mentioned are the heirs Of
Giles Cooke, deceased, another brother
ot John w. Cooke, deceased; that dill Of
said defendants are non-residents Of this
State and residents Of the State Of Ken
lucky. Bill further represents that on
tho 21st day Of April, 1910, the said
William r. Cooke undertook 10 execute
10 the said John w. Cooke a general
warranty deedto the said land, but by
some accident Or oversight in drawing
said deed, the land sold a. 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 complainants
bllD thus leaving out Of the said deed
entirely the land sold and intended 10 be
embraced, and describing therein0theri
lands 70 wllchhe never set up any claim
whatever, Complainant states that a
bout The Gath day Of December, 1871
he purchased said land Of John w.
Cooke, 50 bought by him Of William p.
COOKE, and took from the said John w.
Cooke asqalt 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 coAhmit-
TED in the said first deed. Complainant
charges that since the purchase from
said John w. Cooke he has been in pos
session Of lhe land actually sold, and ii.
tended TO be conveyed BY the said VIII
liam T, % 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 il 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 4
decree that the said deed from William
r. Cook to John wv. 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 70 execute a general war.
ranty deed tc the heirs Of John w.
Cooke, deceased, 10 the land actually
sold, and that the heirs Of John w. Cooke
be compelled 10 execute to you. orator
quit claim deed to said land, and upon
their failure TO do SO, that a commission.
err be appointed to execute said deeds,
and for general relief, &c.
SINGLETON, for Complainant.
F.H