New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-08
UNITED yTATEs DISTRICT COURT
DISTRICT OF LOUISIANA
IN TIE MATTER OF T. j. GARNER
Bankrupt.
In RenEruptcy-EO. 154.

ITO THE HONORABLE F. H. DURELL,
J9dge OF the District COURT OF The United State
for the district OF Louisiana, sitting in bank
roptcy:
ne petition of e. Z. Norton, of the city of New
Orleans, herein appearing as the assignee in bank
rsptey OF the estate OF T. j. Garner, bankrupt.
sJectiuily representa-
mat among TIE assets surrendered by the bank
rupt and belonging 70 the aforesaid estate IN bank
raptcy there Is he following described real estate,
situated II the State OF Louisiana. in The parish OF
A tract OF land. occupied IS the homestead of
bankrupt lying SIX mss east Ct Spearsvile, Louis
lana, known as the Ben D.tiy' tract. and contain
Ing Two hundred aud eighty acres, more or less.
Your petitioner iuether repre SCENTS that the said
heFeinbetOre descr bed real is. appears of
record, encountered and charged with the following
hereinafter specified mortgages, judgments, liens
ani privileges resting thereon to wit:
SPECIAL mortgage in favor of BENJAMIN Dilly
Center Point, Sewer county, Arkansas. Tor S2l6.
And your petit'oner further represents that it IS
Iuposslb for him 10 determine the validity of said
membranes. and the amount cue thereon; that
he can not ascertain the value of said property by
agreement between him self and the creditors hold
Ing SAID security, as provided in section twenty OF
the bankrupt act OF e67. And that it is necessary
in orGer to ascertain the value Of said property, and
tor he due. proper and speedy administration of
said estate, and for the intere OF the creditors
therein, that said estate be sold public auction,
free and clear OF all membranes. That all said
judgments, mortgages liens ana privileges recorded
against SAID property he cancelled and erased That
your petitioner can convey clear and unincumbered
title to any purchaser thereof reservlng said
benjamin Dilly, Center Polut, Sewer County, Ar
Kansas ana to ail other persons al their rights in
law 10 the proceeds Oh tee sale OF SAID property,
the dIstrl button thereof.
Wherefore your petitioner prays that he may be
rdered and authorized TO sell SAID propertt above
described at public auction, free and clear from al
membranes That ali SAID judgments, mort
cages, hens and privileges recorded against said
property be Cancelled and erased, that your petit
toner can convey q clear and urucu1nbered title to
any purchaser thereof, reserElny to said Benz
Oily, Center PolLt, "evier county Arkansas and
to all other persons, all the rights Law the pro-
ceeds OF the sale OF salt property, ting to their
rank. and be prays for all other necessary orders.
tSigned) a. DEB. HI uiES. Attorney.
On motion of 4. Deb. Hughes, attorney of f. p.
Norton, assignee, and upon suzges ing to the Court
that ne has Tiled IN this Court foregoing petition,
II is ordered
That Benjamin Oily. Center Point. Sewer county,
Arkansas. ard all other parties in interest do show
cause upon the fourteenth day of May A. D., 1870,
at eleven O'Clock A, NJ, before this Court, why the
said petition should not be granted and said prop
erty sold. as prayed for, and why all membranes
recorded against said property should not be
cefed and erased. And 1t is further ordered that
notice of this petition and order be served upon
said benjamin DiIy, Center Point Sewer county,
rsansas, and all other persons, by serving a copy
thereof upon them or their agent or attorney or by
said j.. f. Norton, assignee, publish, ng g. copy of
said petition and order three times in the New Or
laars Republican. rev spaper printed in New Or
leans the last pu bication be made at least five
days before the day of hearing
Signed April {, 1873.
e. Il. DUHELL, Judge.
A true copy:
Clerks Office, New Orleans. April 1870.
aplU Il my5 CHS. CLAIBORNE, Clerk.