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fconsideratio1 ot Compts services as Teach>
Ter, promised to pay him 8 800 per annum'
| that in compliance with said contract Com
plainant removed to Holly Springs and
entered upon bis duties as TEACHER IN said
Institute, the first of January 1888, and con-
tinued ia the employment OF Teacher under
said contract during the years 1888 and
1S39 that IN the year 1889 while he was


engaged as Teacher, the Institution, obtained


a Charter incorporating it under the name


of "the University of Holly Springs" upon


settlement between Complainant and defend


ants for his services, the two years, It was


found that they were indebted to Compt


balance of S607,45, some time after said In


stitution was incorporated, Compt was told


by the trustees by whom he had been en-


ployed, that transfer of the Institution had


taken place TO the new Board under The act


Of incorporation, that the new Board would


come into possession ofthe lots and buildings


that they had other funds in donations and


subscriptions, and had given bonds with


good individual security to satisfy all the


liabilities the old Bond, so that If Compt


would agree to take the obligation of the


new Board for the balance of his claim up


on defendants. that it would be entirely safe


that influenced by these representations on


the part of defendants, Compt was induced


20 assent to the arrangement, and on the eth


November 1910, the new board executed to


Compt their promissory note for the sum OF
S607. As, the balance Of MS claim against
the old board. that Compt brought silt on
said note against the new board that Judg


men; was rendered thereupon at the June
Term of The Circuit Court OF Marshall


County 1871, and execution issued thereon,
and returned nujla bona by the Sheriff, said
new board, or said trustees of the Univer-
sity of Holly Springs as a corporate body
having no. effects ut of which Compls
claim could be made, that trustees of said
Literary Institution who employed Compl
as Teacher, and who upon settlement were
indebted and liable to Compl In their indi


vidual capacity. and knew when they in
duced Compl 10 transfer his claim from them
to the new board that said new board would
be liable only in their corporate character,
and that in that character were wholly des
litute of means to discharge compls claim,
that all the representations made to him by
defendants in regard to the solvency of the
new board, were wholly false and fraudu
lent, and that defendants knew them to be
So and made them for the purpose OF fraud |
ulently and dishonesty y, avoiding the pay
ment OF compls claim, that many if not most
ofthe trustees Of the Literary institution
were also members of The new board, after |
tie Institution had been incorporated.


Prayer, that the judgment aforesaid and
the note OH which 1t is founded be cancelled |
and that defendants be compelled to pay |
Compl his claim with all interest and costs !:
and for general relief


LUCAS, LANE 81 CLAPP, SoFrs |