The Panola lynx. (Panola, Mi. [i.e. Miss.]) 1845-1846, 1846-01-10
Charsccry District Court

Shs'seI SSEy DEStEECs Court
" The STATE Of Mississippi al Holly
Springs.
At RULES, the l., Monday of August
1916.
Samuel Jones J.
2G5 rs.
John Allison ct al
Upon opening the matters Of this |
Bill, IT appearing 70 the satisfaction of
the court, that Samuel ArbuckIc. Tho +
mas q. Allison, William A. Williams, +
John Allison, Alexander II. Pos,on,
John II. Poston, and William H. S,od- +
trart defendants, thereto, are not inhab- +
llanls Of the state Of Mississippi, /
but reside beyond the limits thereof, so
that the ordinary process Of this court
cannot be served on hem, and hat the
heirs OF Josiah Gillespie decd, and Ja-
lez Butter deed, defendants thereto,
are unknown TO the compIainants:-.
Therefore II is ordered tina; unless the
said Samuel Arbuckle, Thomas G. ALI
son. William 4. Villains, John ellison.
| Alexander II. PoS'ou. 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 10 them, will
be Iaken for confessed, and such order
and decree made thereon as shall ap
peal equitable and just.
And it is further ordered that a copy
of this order lie inserted in THE Lynx"
newspaper published in the town Of
Pamela, Mississippi, once week for
two months, successfully.
JAMES Z. 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 Il Judgment
in the United States District Couit for
the Northen District OF Mississippi. a
gainst defendant Jhon Allison for 1904
49-lOu debt and damiges besides costs.
That about the 10Th October, only IA
few wee ks. prior TO the recovery o.
ly, to cvade. the execution OF the same,
made an assignment by pretended
deed Of trust. 10 Asa Love, OF all the
remaining property 'hereih nameu.
which he had previously, to eticct
the same OBJECT, Struggled OIL and con
veyed to Texas, the SAID property &c
be made tGr the benefit of certain real
4 III
that among other debts, named and pre-.
tended 10 be secured by said deed, is
sne mentioned as being due To the Mis-
oissippI Union Bank for $4,000 upon {
4 note in which the said Allison ~ Johr
Ray burn, are the securities only fol
p, Samuel A. Gillespie who is principal
: that the intention Of said Allison appa
renrly upon the face of said deed, 81
! TAR as regards that note. is not TO secure
the payment of the same 10 SAID Bank
but not 10 have said Ray burn moleSteC
in any way on account thereof, tina
there was no conside ration movln;
from said Rayburn TO said Allison, ant
that said deed ifvalid in other respects
has no binding force, SO far as regard
said debt of $4,000, that The pr!nclpa
IN said note is solvent. AMI amply n
bile To pay said debt if not already due
: that SAID Rayburn is exposed to n
% danger of moestation. having been 70
:, several vea-s wholly insolven', man,
=, Of tie other debts mentioned IN sal,
:. deed, have been since the execution
:, thereof paid off, that Josiah Gillespie
:, one Of the Witnesses 10 said deed, is on
o of the creditors therein named. tina
c proof or said deed was made by the vii
nesScs, there Icing but one other bcSi
des said Gillespie, that the certificate q
II proof in Other respects, Is not such a
the statute requires for admission 10 re
cord, that said deed was lmproperl
admitted to record and operates rs u
bar TO the lien OF said Judgment. upo
he property therein named, that POI
ton Of the property pretended 10 be co
Is vey ed bv sand deed Is section OF Ian
ne therein described, having abo0t l6O t
V; ores cleared with valuable Impr"veine'
u thereon, defendant Love the Trustee
IL came Immediately in,o possession there
rs of, and has occupied and enjoyed IN
same ever since the execution o! sal
deed, under an agreement 10 pay rel
49, ,hereior.at the rate Of So so per acr
that he also took possession OF all II
personal property in said deed speciI
he ed, together with all the crop of II
is crop OF the year 1899, raised by sa
OF Allison, which he was TO Oppose of ar
= account for us trustee, that the who
nd amount Of debts mentioned in said dee
lie besides that of $4,000, TO the Mississlp
at ITnon Bank is between Sl4O0 and 81
n 90. some of which are already poi
re that it was not the honest and bona fc
an intention of snid Allison, 10 secure Il
a navment ofthe debts, mentioned in sa
he H.. - deI,v hinder and derral