The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1846-07-04


irATB or MfssIssEPpEi og
madfeHn County,
h he Circuit Court, chda5sry side
Iohn s.. Lucus,
i. D. Cooke and others
.TP0N opening The compliments bill,
~ and it appearing 10 tho satisfaction
Of ihes Cont, thatthe defendants are not
residents or the State, but reside beyond
The limits thereof, and beyond the juris-
OF this Coart, so that the ordina-
ry process Of this Court cannot be exc
culcd upon them; tits therefore ordered
that uejess the said d ~(endanls enter
their appearance herein, on Of before
The next term Of this court, u be held
atthe Court House il the town ef Can
ton, il and for the county o. Madlsenb
aloresaid, on the First Monday Of Octo-
Der next, and plead, answer or demur,
10 compliments bill Of complaint, other,
wise the samo will be taken lor comics.
sed against them, set for hearing OK
parle, and The matters thereof decreed
accordingly; and il 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
Ia week for two months successfully.
Attest: Ii, r.. COULTER, CTk
OrHo r. SINGLETON, Sol.
June 8, l846. 36-9w
Complainant charges that about The
Igfst April. 1910, William p. Cooke, Of
Madison county, Mississippi, burgained
and sold 10 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
iEthe 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 sister OF said John w. Cooke
deceased, that Edwin Cooke and William
Cooke last mentioned are the heirs o
Giles Cooke, deceased, another brothp.
OF John w. Cooke, deceased; that all 0
said defendants are non-residents Of thi
State and residents Of tie State of Ken
lucky. Bill further represents that o.
the 2lst day Of April, 1910, the sal
William p. Cooke undertook 10 execut
10 The said John w. Cooke a genera
warranty deed to the said land, but b
some accident or oversight in DRAWN
said deed, the land sold as aforesaid wa
mis- described, and other lands embrace
in said deed, TO which said w. P. Cook
> had no title or claim whatever (whic
lands are described in the complainant
billy thus leaving out Of the said dec
entirely the land sold and intended to
embraced, ana describing therein othc
lands towhich he never set up any clai
J. whatever. Complainant states that
| bout the 24th day Of December, 1874
he purchased said land Of John y
Cooke, SO bought by himof William
Cooke, and took from the said John y
Cooke quit claim deed to the same
which the number and description oil Il
land were copied from the said irstd de-
If thus falling into the same error comm
: ted in the said FIRST deed. Complaina
N charges that since the purchase fro
said John W. Cooke he has been in pr
session Of the land actually sold, and
tended to be conveyed by The said W
" liam P. to the said John w. Cooke, q
nd BY the said John w. Cooke to compla
ant; that he has used and enjoyed
s. same and paid taxes on it as his o
ca property; and bill prays that Ham
n u. Cooke, Joseph Cooke and other
Gu PENDANTS be compelled TO answer VI
*, oath to the allegations in the bill; {
's' bill prays for ain order Of publica'
en- against said absent defendants, ant
en- decree that the said deed from Will
OIL P. Cook 10 John w. Cooke be CANCEL
cs, as also the deed from John w Cooke
pie complainant, and that the said defe
es- ant Hannah U CookN and Joseph Co
rs, be compelled 10 execute a general \
az, ranty deed 10 the heirs Of John
Cooke, deceased, TO the land actu
lck sold, and that the heirs of John w. ca
DO, be compelled TO execute to you. or
ind 4 quit claim deed TO said land, and Il
KS, their failure to do SO, that q commiss
SIX eE be appointed to execute said ds
'ool and for general relief, &c.
nan SINGLETON, for Complainant.
Mo. Tailoring.