The Mississippi lynx. (Panola, Miss.) 1846-18??, 1846-06-27

Of Tie STATE q Mississippi at Ho'|y
Springs.
ST RULES, the /, Monday Of August
1345.
Samuel Jones JF.
265 Us.
JokR Allison Ell al
Upon opening the matters of this
Bill, it appearing TO the satisfaction OF
the court, that Samuel Arbuchle, Tho
mas G. Allison, William A. Williams,
John Allison, Alexander II. Poston,
John H. Poston, and William IL. Stod-
trart defendants, thereto, are not lnhab-
itants Of the stale 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 ia
bez Butter decd, defendants thereto,
are unknown TO the compiainants:-
Therefore it is ordered thai unless the
said Samuel Arbuckle, Thomas q. ALI
son, William A. Williams, John Allison.
Alexander H. Poston, John ii. Poston,
William II Slodtrart, 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
denur 10 Complalnants Bill, the sever
al allegations thereof, as 10 them, Will
be laken for confessed, and such order
and decree made thereon as shall ap
pear equitable and just.
And it is further ordered that a copy
Of This order he inserted in ''The Lynx
a newspaper published in the town OF
Pamela, Mississippi, once a week for
two months, successfully.
JAMES Z. ANDERSON, Clerk.
ABSTRACT OF BILL.
Charges. That on the 1lth December
1889, The firm of Talbot Jones & CO.,
consisting of John Jones, since decd,
and complainant, recovered a judgment
in the United States District Coul /, for
the Northen District OF Mississippi, a
gainst defendant Jhon Allison for S694
49-lO0 debt and damgeS besides costs.
That about the 18th October, only a
few wee, ks, prior 10 the recovery Of
said Judgment, said Allison, fraudulent
Iy, to eyaGe, the execution Of the same
made an assignment by a prete' ded
deed Of trust. TO Asa Love, of all the
remaining property therein named,
which he had previously, to effect
the same object, smuggled of and con
veyed to Texas, the said property to
be made fer the benefit Of certain real
or pretended creditors therein named,
that among other debts, named and pre-
tended to be secured by said deed, is
she mentioned as being due To the Ms
oissippl Union Bank Tor $4,000 upon
note IN which the said Allison u John
Ray burn, are the securities only for
Samuel \. Gillespie who is principal.
that the intention Of said Allison appu-
renlly upon the face OF said deed, 50
far as regards that note. IS not TO secure
the pavcr,at Of the same 10 said Bank
but not 10 have said Roy burn moIested
in anv way on account thereof, that
there was no consideration moving
from said Ray born 10 said Allison, and
that said deed ifvaiid in other respects.
has no binding force, so Tar as regards
said debt Of $4,000, that the principal
in said note Is solvent, and amply a
BILE to pay said debt if not already due,
that said Rayburn is exposed TO no
danger of moestation, having been for
several yeass wholly insolven', many
Cf the oiher debts mentioned IN SAID
deed. have been since the execution
thereof paid off, that Josiah Gillespie
one-or the witnesses 10 said deed, is one
of the creditors therein named. that
proof OF said deed was made by the wit
nesses, there Icing but one other best
des said Gil!esple,' that tho certificate OF
proof in other respects, is not such as
the statute requires foF admission TO 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 S. 80 per acre,
that he also took possession of all the
personal property in said deed specfi
ed, together with all the crop Of the
crop OF the year 1889, raised by said
Allison, which he was TO Oppose Of and
account for as trustee, that the whole
amount Of debts mentioned in said deed,
besides that Of $4,000, 10 the Mississippi
Unon Bank is between Sl40O and S
90. some Of which are already poid.
that it was not the honest and bona file
intention of said Allison, to secure the
payment oflhe debts, mentioned in said
deed, but 10 delay, hinder and delraud
other just creditors one of whom is com.
plainant.
PRAYER. That said deed of trust be