Chanccry District Court
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j n
1845.


| Samuel Jones Jr.


2G5 rs.


John AlliSon et al


Upon opening the matters of this.
Dill, it appearing 10 the satisfaction OF
/ the court, that Samuel ArbuckIe. Tho
mas q. Allison, William "A. Williams,
John Allison, Alexander II. Poston,
John H. Poston, and William II. Stod-
trart defendants, thereto, are not lnhab-
itanls of the state 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 complanants:-
/ Therefore it is ordered that unless the
said Samuel Arbuckle, Thomas G.. ALI
! son, William A. Wi'ams, John Allison.
FAleXander II. Poston, 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 CompIainant's Bill, the sever
al allegations thereof, as 10 them, will
/ be Iaken for confessed, and such order
and decree made thereon as shall ap


peaI equitable and just


And it is further ordered that copy
of this order be inserted in The Lynx"
n newspaper published in the town Of
Pamela, Mississippi, once week for
two months, su "esSiveIy.


JAMES =. ALDERsoN, Clerk.
ABsTF ACT OF BILL.


Charges. That on the 1lth December


1889, the firm Of Talbot Jones q CO.,
consisting Of John Jones, since decd,
and complainant, recovered a judgment
| in the United States District Coult, for
the Northen District OF Mississippi, a
gainst defendant Jhon Allison for S694


49-lOQ debt anddamiges besides costs.


That about the 10th October, only a
few wee Ks. prior TO the recovery of


said Judgment, said Allison, fraudulent
kIy. to evade. the execution Of the same,


made an assignment by pretended
deed of trust, TO Asa Love, of all the


remaining property herein named,


which he had previously, to effect


the same oniecl, smUggled off 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


sne mentioned as being dne to the Mis-


oissinpl Union Bank for $4,000 upon


note m which the said Allison & John.
Rayburn, are the securities only for
2 Samuel A. Gillespie who IS principal,
: that the intention Of said Allison appa-
rently upon the face Of said deed, so
: far as regards that note, is not to secure
: the payment Of the same TO said Bank,
but not 10 have said Ruyburn molested
iu any way on account thereof, that
there was no consideration moving
; from said Ray burn 10 said Allison, and


that said deed ifvald in other respects,
has no binding force, so far as regards


said debt Of $4,000, that the principal
in said note is so'ver,. and amply a..


bic to pay said debt If not already due,


that said Rayburn is exposed TO no
} danger of molestation. having been for
several years wholly insolvent, many


of the other debts mentioned in said


deed, have been since the execution
| thereof paid off, that Josiah Gillespie,
one of the witnesses 10 said deed, is one


of. the creditors therein named, that


proof or said deed WIS made by the wit


nesses, there being but one other besi


des said Gillespie, that the certificate Of


proof in o,her respects, is not such as
7 The statute requires for admission 10 re-
: cord, that said deed was improperly
admitted to record and operates as no
bar to the lien o. said Judgment, upon


the property therein named, that por-


lion Of the property pretended 10 be con


veyed by said deed is a section of land


therein described. h~ving about 160 a


cres cleared with valuable improve nets


thereon, defendant Love the Trustee,
} came immede tely into possession there
:, of, and has occupied and enjoyed the
h same ever since the execution Of said
: deed, un,er an agreem"nt 10 pay rent
: therefor. at the rate Of S3 so per acre,
5 that he also took po> session of all the
: personal property in said deed specifi-
s ed, together with all the crop Of the
y crop ol the year 1889, raised by said
!, Allison, which he was to diPose of and
o account for as trustee, that the whCle


amount Of debts mentioned in said deed,
besides that Of $4,000, to the Mississippi


Unon Bank is between S1400 and SIS
IS 90. some of which are already paid.
/ that If was not the honest and bona fde
,e intention of said Allison, to secure the
C navment ofthe debts, mentioned in said
If deed. hut TO delay, hinder and defraud
z, other lust creditors one ofwhomi is COM


plainant.


q PRAYER. That said deed Of trust be
- decreed 10 be null and void and of no ef-
t. ect and set aside, so that complainant
,r Nth all other creditors NAV stand unop