The Mississippi Creole. [volume] (Canton, Miss.) 1841-1851, 1846-07-18

STATE or MrssIssirrI, SIS.
a Madison County, IA
N The Circuit Court, Caaacsry side
John s. Lucas, ra ltHhG
II. U. Cooke and others.), N-iS 4
H TPON opening The compliments bill,
~ audit appearing 10 the satisfaction
Of the Court, thatihe defendants are not
residents of,the State, but reside beyond
the limits thereof, and beyond the jurls-
diction Of this Court, SO that the orolna-
ny process Of this Court cannot be exc,
'cutcd upon them; is therefore ordered
that unless the said d PENDANTS enter
their appearance herein, on or before
the next term of7this court, to be held
at the Court House in the town of Can
ton, in and for the county Of Madison,
Aforesaid, onsthei First Monday of Octo-
Der next, and plead, answer'or denaur,
TO compiainants bill Of complaint, other
wise the same will be taken tor comics
sed against them, set for hearing ex-
parte, and the matters thereof decreed
accordingly; and it is further ordered
that a copy Of this order be .publishedc
in the o"Mississippi Creole" anewspa-
per published in the town OF Canton once
a week for two months successfully.
Attest: Fl. r. COULTER, Ctk.
OTHo R. SINGLETON, Sol.
June 6, 1916. 5o-9w
! Complainant charges that about the
2lst April, 1910, William P. Cooke, Of
Madison county, Mississippi, bargained
and sold 10 one John W. Cooke, Of the
county of. Warren. andsState Of Ken
.ucky, now both deceased, a certain tract
of land in Madison county, Mississippi
Bill staies,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 sister of said John w. Cooke
deceased, that Edwin Cooke and William
Cooke last mentioned are the heirs of
Giles Cooke, deceased, another brother
OF John w. Cooke, deceased; that all Of
said defendants are non-residents of this
State. and residents Of the State of Ken
lucky. Bill further represents that on
the @lst day Of April, 1870, the said
William P. Cooke undertook to execute
10 the said John w. Cooke a general
warranty deed to the said land, but by
some accident or oversight in drawing
said deed, the land sold as aforesaid was
mis- described, and otherlands embraced
in said deed, to which said w Ps Cooke
had no title or claim whatever (which
lands are descrihed in the complainants
billy thus leaving out Of the said deed
entirely the land sold and intended to be
embraced, and describing therein other
lands to which he never setnp any claim
whatever. Complainant states that
bout the Gath day of December, 1871,
he purchased said land. of John Va
Cooke, so bought by himnf William P
Cooke, and took from the said Johns w.
Cooke o quit claim deed ID the same in
which the number and description oil the
land were copied from the said first deed
thus falling into the sameerror commit
ted in the said first deed. Complainant
charges that since the purchase from
said John w Cooke be has been in pos
session Of the land actually sold, and in.
tended to be conveyed by the said Will
liam P to 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 It as his own
property; and bill prays that Hannah
U. 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 a
decree that the said deed from William
P. Cook to John w. 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 to execute a general war
ranty deed 10 the heirs Of John w.
Cooke, deceased, 10 the land actually
sold, and that the heirs of John w. Cooke
be compelled to execute to you. orator
quit claim deed to said land, and upon
their failure to do SO, that a commission
er be appointed to execute said deeds,
and for general relief &c. i
SINGLETON, for C0mpldindnt.