The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1846-06-13

June 6, 1916. So
STATE OF MISSISSIPPI, GO
Madison County, o.
In The Circuit Court, Chancery side.
John :. l? s { No. 70.
H. U. Cooke and others.\
IPON opening the complainants bill.
" and it appearing to the satisfaction
of the Court,lhat the defendants are moi
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
at the Court House in the town of Can
ton, in and for the county OF Madison,
aforesaid, on the First Monday of Octo-
Der next, and plead, answer or demur,
to compliments bill Of complaint, other.
wise the same will be taken Tor confes.
sed against them, set for hearing OK.
parte, and the matters thyreof decreed
accordingly and it is further ordered
that a copy Of This order be published
in the "Mississippi Creole" a newspa.
per published in the town Of Canton once
a week for two months successfully.
Attest: H. R. COULTER, CIR.
OTHo R. SINGLETON, Sol.
June 6, 1846. 38-9w
Complainant charges that about the
2lst April, 1910, William P. Cooke, OIL
Madison county, Mississippi, bargained
and sold t o 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 O
Giles Cooke, deceased, another brother
OF John w. Cooke, deceased; that all O
said defendants are n~on-residents of thi;
State and residents Of the State Of Ken
lucky. Bill further represents that or
the 2lst day Of April, 1910, the saiC
William P. Cooke undertook to execute
to the said John w. Cooke a genera
warranty deed 10 The said land, but BY
some accident or oversight in drawing
said deed, the land sold as aforesaid wa.
mis-described, and other lands embraced
in said deed, 10 which said w. P. Cook
had no title or claim whatever (Which
lands are described in the complainant
billy thus leaving out of the said dec
entirely the land sold and intended TO b.
embraced, and describing therein othe
lands to whichke never set up any CLAIM
whatever. Complainant states that a
bout the Gath 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 il
} which the number and description OF tn,
land we're copied from the said first dee
thus falling into the. same error commit
ted in the said first deed. Complainan
charges that since the purchase from
said John w. Cooke he has been in pos
session Of the land actually sold, and in
tended tobe conveyed by the said Will
liam P. TO the said John w. Cooke, anc
by thessaid John w. Cooke to complain
ant; that he has used and enjoyed tht
same and paid taxes on il as his owl
property; and bill prays that HANNAH
.IU. Cooke, Joseph Cooke and other de
PENDANTS be compelled TO answer upor
oath 10 the allegations In the bill; anC
bill prays for an order Of publication
against said absent defendants, and
decree that the said deed from William
P. Cook to John w. Cooke be- cancelled
, as also the deed from John w Cooke L
complainant, and that the said defend
! ant Hannah U Cooks and Joseph Cook
be compelled to execute a general wal
i ranty deed 10 the heirs Of John W
Cooke, deceased, 10 the land actually
, sold, and that the heirs of John w Cook
be compelled to execute to you. oratoI
| a quit claim deed to said land, and upor
Their failure to do 50, that a commission
er be appointed to execute said deeds
and for general relief, &c.
u SINGLETON, for Complainant.