New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-28
UNITED ST ATEs DIsThICT COUKr
DISTRICT OF LOUISIANA.
N THE MATTER OF JOHN w. CLARKE,
Bankrupt.
In Bankruptcy-No. 957.

TO THE HONORABLE E. H. DURELL,
L Judge Of the District Court OF the United
States for the District of Louisiana-stting in
The petit on of E. E. Norton. of the city of New
Orleans. herein appearing as the assignee IN BANK
ruptcy OF the estate of John w. Clarke. bankrupt.
respectfully represents that, among tue assets sur
aforesaid estate in bankruptcy. there is tne follow;
ing described real estate situated 10 the State OF
Louisiana, in the parish of Madison, to wit
A plantation, situated in Madison parish, Loul-
sians, lying on ioes Bayou. containing seven hun
dred and seventy-nins acres of land more or less.
and known the " Whitaker Place" together with
dwelling house, cabins barn and all other lmproF5-
ments thereon.
Your petitioner further represents that the said
herein fore descr bed real estate appears OF
record, encountered and charged with the following
hereinafter specified mortgages, judgments, hens
and privileges resting thereon, to wit
Special mortgage IN favor of John +. Lewis, OF
New Orleans or record in Madison parish, II
tee pawn of four notes. for $780, and two for
S35i Q, dated January p, 1896, drawn by John w.
Clarke and f. 4. q. 1aylor, amounting TO aoou1
$1,000
And your petitioner further represents, that it is
Impossible Tor him TO determine the validity OF SAID
ircumbrGncss and the amount due thereon tnat ne
can tho value OF SAID property by agree
ment between himself and the creditors holding SAID
security provided in section twenty Of the bar K
rupt of l.6 And at II is necessary IN order TO
ascertain the value of sad property, and for the
due, proper aad speedy administration OF said eS
tate, for the interest OF tne creditors therein
that said estate be sold at public auction, free ana
clear OF all membranes. That all said Judgments.
mortgages liens ana privileges recorded against
SAID properly ne Cancelled AMI erased, so til 1t yoQ
title 10 any purchaser thereof, reservlpg to SAID
John Z. Lewis, and 10 all ether persons all their
rign,s in law, to proceeds of the sale OF said
property upon the distribution thereof.
Wherefore your petitioner prays that he may be
ordered and authorized TO sell said property above
described at public auction free and clear from all
incum brsnces That all said judgments, mortgages,
liens and privileges recorded against said property
be Cancelled and erased, that your petitioner can
convey clear and un!rcum oered title to any pur;
chaser thereof reserviug to said John + Lewis and
to all other persons, all the rights law to the pro
ceeds of the sale ssd property according to ther
rank. Ard he prsys for all other necessary orders
'(Sgned) a. DEB. HUGHES, Attorney.
On motion Of A. Deb. Hughes, attorney Of E. f.
Norton, assignee, and upon suggesting to the court
that he has filed 10 this foregoing petition,
it is ordered that john f. Lewis. and all other par
ties interest do show the seventh day
of NAV, A. D.. 1870 at eleven O'Clock A. NJ before
this court why ths said petition should not be
why all membranes recorded against said property
should not be Cancelled and erased. And it is fur
Their ordered notice of this petition and order
be serSed upon said John T. Lewis, and all other
| persons. by serving copy thereof upon them, OIL
their agent attorney. or by said T. t. Norton, as
signee, publishing copy Of said petition ana order
| three times the New Orleans Republican.
newspaper printed in the city of New Orleans
Louisiana the last publication TO be made at easl
five days before the day Of hearing.
Signed April a. 1870.
! A true COPY: h. II. DUkELla Judge
Clerks Office New Orleans April 4, 1870
CHARLES ULAIBORHE,
| apsu3o Clerk.