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In Chancery-State of Alabama-Mobie County. Thomas s. James compPt.

 36S vs oPrhg iHm' h' D' George N. Stewart and oth- lS4l,

 CTS, defendants.

 yUyHE BILL in this case sets forth that George N. Il Stewart on behalf of himself and other deien- dants in said bill mentioned, entered into an agree ment with the complanauts for the sale of certain real estate in the memorandum of said agreement described, which said memorandum bears date the l2th day of August, l836-that the said George N. Stewart agreed to make good title to the complan- ant 8c. The bill states further, that the complain ants relying on the said agreement, gave his notes and executed a mortgage to the said Stewart, and that he paid the first note falling due The bill char ges that the said Stewart has made and Is una ble to make complete title to the complainani ani prays that the money paid may be reiunied that the agreement aforesaid may he rescinded, and the said notes and mortgage delivered up and cancelled, and for other relief And at the Spring Term, A. D. lS4l of the Court of Chancery for the first district of the southern chancery division of said state, at Mobile, the following order was made m the cause : It appearing to the satisfaction ot the court, that William Purvis is resident in this state, It is or dered that publication be made him, requiring hm to appear the next term of this court, and an swer or deInv to the bill of complant-and it is or dered that this order of publication be published once a week for six weeks in some newspaper printed and published in the city of Mobile, and that copy of inc same be posted on the door of the court house of Mobile county within forty days from this date.

 Witness, Malcolm J. McRae, Register of said Court, this twenty first day of June, A. D. lS4l.

 Attest, M. J. McNAE' Register

 june 2l 9tc