New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-27

DISTRICT OF LOUISIANA.
IN THE MATTER OF JOHN W. CLARKE,
Bankrupt.
Ia Bankruptcy--o. 957.

ITO THE HONORABLE z. Il. .DURELL,
| Judge of the District Court OF the United
States for the District OF LoGis;anR-Sitting IN
The petition of E. Z. Norton, of the city of New
Orleans, herein appearing as he as,lgoee IN bank
ruptcy OF the estate of ohm w. Clarke, bankrupt,
respectfully represents that, among toe
rendered by the bankrupt, and belorg ing TO the
aforesaid estate in bankruptcy. there the follow
ing described real estate situated in the State OF
Louisiana, in the parish OF Madison, to wit
siana lying on Toes Bayou, containing seven nun
ored aud aegenty-nine acres Of land more or less.
and known as the Whitaker Place. together With
dwelling house, cabins, barn and all other improve
Your PETITIONER further represents that the said
herein fore Gescr bed real is, appears of
RECORD encountered aud charged with the following
hereinafter specified mortgages judgments, LIENS
and privileges resting thereon, - wit
Special mortgage IN favor Of John I. Lewts, OF
New Orleans, record in Madison parish, to secure
the pawn OF 1oGr notes. two tor oU0, and two Ior
S35 o, dated snuary q, 1866, drawn by John ".
Clarke and f. II. G. baylor, amounting to aoout
$1,000
And your petitioner further represents, that it is
impossible tor him to Ge.erm ne the va idity Of SAID
incumbranees and the amouut due AhereoD; that lie
can not ascertain the value OF sald property oy agree
meut between himself and the creditors holding sad
security, provided in section twenty Of tee baok-
of 1851 And Gnst II is necessary IN oroer to
ascertain the value OF SAID property, and Tor the
due, proper aad speedy adminl''rafion OF sa'd IS
tate and for the interest OF the creditors therein.
that said be sold at public auction free and
clear of all membranes That all said iudgne Is.
mortgages, liens AND privileges recorded against
SAID properly be Cancelled aui erased, that your
petitioner can convey clear and unIucumbersd
title to any purchaser thereof, reservDg to said
John +. Lewis, and 10 all other all their
rights in law, to the proceeds of thu sale OF said
property upon the di.tri0ution thereof.
Wherefore, your petitioner prays that he may be
ordered ard authorized to sell said property ABOVE
described at public auction. free and clear from al
incum That all said judgments. mortgages,
liens and privilege recorded against said property
he cancelled and erased so tn It your petitioner can
convey @ clear and urIncumbered title 10 any pur.
chaser thereof reservine TO said John F. Lewis, and
to all other persons all the rights law to the pro
ceeds OF the sale of said property according to tEeiI
rank. Ard ne prsys for all other necessary orders.
(Signed) A. DEB. HUGHES, Attorney.
On motion of A. Deb. Hughes, attorney OF 4. r.
Norton, assignee, and upon suggesting to the cour
that ne has filed IN this court foregoing petition
it is ordered that John Z. Lewis and all ether par
ties in interest do show the seventh day
OF May A. D., 1870. at eleven o'clock A. NJ betort
| this court, why the said petition should not b'
granted and said property sold, prayed for, ant
why all incrm brances recorded against said property
should not be cancelled and erased. And it is fur
Their ordered that notice of this petition and orde
| be served upon said John +. Lewis, aud all othe
| persons, by serving copy thereof upon them, o
their agent attorney, Or by said f. f. Norton, as
| signee publishing copy OF said petition and orde
| three times in the New Orleans Republican,
| newspaper printed in the city of New Orleans
Louisiana, the last publication to bs made at leas
| five days before the day OF hearing
| Signed April 4, 1870.
( A true copy: 90 K. ID. DURELL. Juoga
Clerks Office. New Orleans. April 1870;
: ana q 8 Oierk.