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In Chancery--State of Alabama-Mobile Count, {. Thomas s. James compPt.

 368 vs Spring Term, 4. D. George N. Stewart and oth- lSii. ' CTS, defendants.

 TUyHE BILL in this case sets forth, that George N

 U Stewart on behalf of himself and other deien- dants in said bill mentioned, entered into an agree iilen with the compainants for the sale of certain real estate in the memorandum of said agreement described, which said memorandum bears date the I2tt day of August, 1S36-that the said George N. Stewart agreed to make good title to the complain ant d-c The bill states further, that the complain ants relying on the said agreement, gave his notes and executed mortgage to the said stewart, and that he pa,d the first note falling due The bill char ges that the said Stewart never has made and IS una ble to make complete title to the complainant, and prays that the money paid may be reunded that the agreement aforesaid may be rescined, and the said notes and mortgage delivered up and cancelled, and for other reliei And at the Spring Term, A. D. l84l, of the Court of Chancery for the first district of the southern chancery division of said state, at Mobile. the following order made in the cause {: tappearng to the satisfaction of the court, that M William Puryis is not resident in this state, It IS or dered that publication be made to him, requiring him to appear at the next of this court, and an swer demw 10 the bill of compaintand 1t is or

 ered that this order of publication be published once week for six weeks in some newspaper printed and publishedin the city of Mobile, and that copy of the same be posted the door of the court house of i Mobile county within forty days from this date. iSe Witness, Malcolm J. Mcfiae, Register of said Court, this twenty y-rst day of June, A. D. l5l1. Attest, .ln1 M J, McItAE, Register.

 june 2l 9tc