Arkansas true Democrat., 1858-05-04

Abner Johnson and Edward Curd, Rufus \. Will Hams, B'vhald Niches and Thoma, Bowman. part n'rs of finn of E. CuTd x Co.,, Det5ada X.
 rgNiIlS day came complainant. by A. T Garland
 1 hi- solicitor, and filed his supplemental biIl and h.l of revIv0r herein alleging among other things that said Abacr Johnson is dead and that his heirs | if any he has. arc unknown to companant and if any hc has hev are run-res3ents which 1,s verified by inc affidavit ci complainant and pzave fcr an order of publication against aid heirs motif ing them oi Jie penatncy and bOc of this suit ch sup pemental bill as to the other matters therein con taieed said F. Cuid & Co. entered thair general do nJl in short on the record reServiug all questions as ! to the ccui'y thereof until the final haaliag: and iJappearing to the court from tbe liu and supple ment thereto that, on or a ou the lst dayuf .bua- ". 1S4o, said complainant purchased from said | Abner Johnson, plantation and negroes i, Cbicot | county, Arkansas, for which lie was to give 800 bales of cotton and executed his ten sevcr' cove- nants to said price. each for 50 haes of cot ton payable on the 10th day of January ip tle se- veral years from is4l tols5Q inclusive Gi o which l covenants have been fully paid and dis rrel ex- | cep the one falling due the 18th day If .aurarv A D. lS4g, which is still held hy said ! huson or some one unknown, and except the one falling due The l5th day of January. 1850. which is claimed by said E. Curd dS G.. and upon which covenant on the 18th l day of October 1852 they recovered against com painant in the circuit courto said Clc0' county on the law side thereof judgment for the sum of Sl 647 with the interest aEd costs which iudelleut thev are serving au execution to collect out of the lropeltv of said complainant that upon the purchase of said plantation and lands said Johnson was bound by lis deeds and covenants to secure said lands to e6mpai- rant free of ncumbrancc, and t0 warrant the title thereto and evcly part thereof that pror t tie date l said Johnson had incumbced Q large portion of said lands by bond and stock mortgage to tho Real Estate bank o the StatGof Arkansas tor S20 0G0 bearing in terest and for large terdercd by said ol nsn as
 satisfaction m sad bank upon his stock credit ! ed by said mortgage, of which sum so due said bunk or is trustees and assigns, for money rendered by said Johnson said complainant has been compelled in order to said lands pay and has paid more than the entire re~iduc of the purchase money and in- tereseontracedt to be paid the said Johnson for said bonds etc. and to that portion of said lands thotit of-s said Johnson has filcd and complainant will be neces-ated. to retain said lands Q buy in the ont standing title. and has already paid large sum at commissioners sale 70 retain said lands and will pro- bablv loose by eviction. portion of said hands, or be at great expense to bold he same and proyng ahong | other things and generally to have said Curd and oth enione from collecting Vr enforcing the said judgment at lav agains him. and to befeleved from payment the said Johnson or others the residue of sai rareIas. money aforesaid to be raid said John son due as aforesaid. and to obtain indemnity from 1 said John-on against other ncumbranees still sub- sisng upon said lands or to compel him te Lay and discharge the same and allecing thatsa:l defendants are non residents of this State-to rebut bill and supplements said Cprd tC Co. have answered towhich Ieplications have cen entered said Johnson has not answered and sad cause now remains in said court Rndotermined--
 ltis therefore considered and ordered that tie un- kogn heirs of said Abner Johnson deceased. be no- tfBed of the pendency and object Q this shit by pub lcation of this order in the True Democrat news l paper printed at Little Rock Arkansas there being no rewspIper published in saidcounty of Chcot for two weeks in succession the last insertion to be at lea- four weeks before the first day of tie next 1 of tbi~ court. and requiring said unknown heirs to appear herein, and plead answer iamnr to the said bill on or before the first day of the next of this court. which term will hc held on the first Monday after he fourth Monday in September next, at the corirt muse in the town of Lke Vilace n saidcoun- ty of Chicot in the State of Arzafsas, er said bl and supplements will Dc taken as trae aadecnessld against them and decree entered aeeoTi 'nely-and the parties hereto have leave to talk dep5~ons o To read on the fnal hearing of this cause--and lis cause s continued until the next term of this cont.
 A true copy frcIn tie record
 Attest. s. N. .CAUGHEY. Clerk
 By S. L. DORSEY, D. c, May 4, 1858. 2w Cost of adv. sl5 50.