The Mississippi lynx. (Panola, Miss.) 1846-18??, 1846-06-13
ChanCery District Court


Samuel Jones Jr. J
! 265 Us.
John Allison Ell al
Upon opening the matters of this
Bill, it appearing TO the satisfaction o
the court, that Samuel Arbuckle, Tho
mas @. Allison, William A. Williams
John Allison, Alexander H. Poslon
John III. Poston, and William Ii. Stod
trart defendants, thereto, are not inhab
itanis of the state of Mississippi
but reside beyond the limits thereof, SC
that the ordinary process Of this court
cannot be served on them, and hat the
heirs of Josiah Gillespie decd, and ia
be- Butter decd, defendants thereto.
are unknown TO the compliments =
! Therefore it is ordered that unless the
said Samuel Arbuckle, Thomas G.. ALI
son, William A. Williams, John Allison.
Alexander II. Poston, John Ii. Poston,
William Ii. Stodtrart, and the unknown
heirs of the said Josiah Gillespie and
Jabez Butter 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 compliments Bill, the sever
al allegations thereof, as TO them, will
be laken for confessed, and such order
and decree made thereon as shall APP
peal equitable and just.
And it is further ordered that a copy
OF this order be inserted in "The Lynx"
Il newspaper published in the town Of
| Pamela, Mississippi, once a week for
Two months, successfully.
JAMES =. ANDERSON, Clerk.
ABSTRACT OF BILL.
Charges. That on the 18th December
1889, the firm Of Talbot Jones & CO.,
consisting Of John Jones, since decd,
and complainant, recovered a judgment
in the United States District Court, for
the Northen District OF Mississippi, "a
gainst defendant hon Allison for 1864
49-l00 debt and damigeB besides costs.
That about the 10th October, only a
few weeks, prior TO the recovery Of
said Judgment, said Allison, fraudulent
ly, TO evade, the execution Of the same
made an assignment by a pretended
deed of trust, 10 Asa Love, of all the
remaining property therein named,
which he had previously, to effect
the same OBJECT, struggled off and con
veyed TO Texas, the said property to
be made fer the benefit of certain real
or pretended creditors therein named,
shat among other debts, named and pre-
tended to be secured by said deed, is
she mentioned as being due to the Mis-
oissippl Union Bank for $4,000 upon a
note in which the said Allison 81 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 TO said Bank.
but not 10 have said Royburn molested
IN any way on account thereof, that
there was no consideration moving
from said Rayburn TO said Allison, and
that said deed ifvaid in other respects.
has no binding force, so far as regards
said debt of $1,000, that the principal
in said note is solvent, and amply a.
bic 10 pay said debt if not already due.
that said Rayburn is exposed to no
danger of molestation, having been for
several years wholly insoIvent. many
Of the other debts mentioned in 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 named, that
proof OF said deed was made by the wit
nesses, there being but one other best
des SAID Gillespie, that the certificate of
proof m other respects, is not such as
the statute requires for admission to re-
cord, that said deed was improperly
admitted 10 record and operates as 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 100 a.
ores cleared with valuable Improvements
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 S. so per acre,
that he also took possession Of all the |
personal property in said deed specif-
ed, together with all the crop OF the
crop oil the year 1889, raised by said
which he was to Oppose of and
account for as trustee, that the whole
amount OF debts mentioned in said deed,
besides thatof $4,000, to the Mississippi
Unon Bank is between Sl400 and Sis I
90. some of which are already paid.
hat II was not the honest and bona fde
intention OF said Allison, to secure the
payment ofthe debts, mentioned in said
iced, but 10 delay, hinder and defraud
other Just creditors one whomis com
claimant.
PRAYER. That said deed of trust be
iecreed 10 be null and void and of no eff
'ct and set aside, so that complainant
With all other creditors may stand upon
IN equal footing. and his indomnnuf