New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-29
UNIrED ST 4TEs DIsThiCT COURT
DISTRICT OF LOUISIANA.
IN THE MATTER OF JOHN W. CLARKE,
Bankrupt.
In Eankruptcy-NO. 957.

ITO THE HONORABLE f. H. DURELl',
i Judge of the District Court OF the United
States tor the District of Lo1isiana-sitting in
The petition Of f. E. Norton, of the city of New
ruptcy, OF the estate Of John w. Clarke. bankrupt
respectfully represents that among toe assets sur
rendered by the bankrupt, and belonging 70 the
aforesaid estate in bankruptcy, there Is the follow.
ing described real estate, situated in the State OF
louisiana, in the parish of Madison. to wit
A plantation, situated il Madison parish, Loul-
siana, lying on ioes Bayou, containing seven hun
dre1 and seventy-nlne 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
hereinbtfore described real estate appears OF
record, encountered and charged With the following
hereinafter sps CITED mortgages, judgments, hens
ard privileges resting thereon, t. wit
Special mortgage IN favor Of John T. Lewis, of
New Orleans record in Madison parish, t. secure
the payment of four notes two for $780, and two i0r
$3.50. dated January u, 1866, drawn by John W.
Clarke and +. IL. q. aylor, amounting TO ABOUT
$1,000
And your petitioner further represents, that it is
impossible Tor him to determine the validity OF SAID
membranes and the amount due thereon; tnat ne
can not ascertain the value OF SAID properly o Sree
ment between himself and the creditors hoi9lug sa1d
security as provided IN section twenty OF me par
rupt of 67. And Jpat 1t is necessary IN order TO
ascertain the value OF said property, and Tor the
due, proper aad speedy administration OF SAID es'
tate, and for the interest OF the creditors tnefelh
that said estate be sold at public auction free and
clear of all incumbrances That all said jadgmen is
mortgages liens and privileges recorded against
said properly be Cancelled ami erased, that your
petitioner convey a clear and unincumbered
title to any purchaser thereof, reservipg to sald
John T. Lewis, and 10 all other persons. all their
rights in law, to the proceeds OF the sale OF sald
property upon the distribution thereof.
Wherefore, your petitioner prays that ne may be
ordered and authorized to sell said property above
described at public auction. free and clear from all
membranes. That all said judgments, mortgages
liens and privileges recorded against said property
be Cancelled aud erased, that your petitioner can
convey a clear and unIncumbered title TO any pur-
chaser thereof reserving to said John F. Lewis, anc
all other persons all the rights in la to the pro
ceeds of the sale OF said property according to then
rank Ard he prays for all other necessary orders.
(Sfgned) a. DEB. HUGHES, Attorney.
On motion of A. Deb. Hughes, attorney OF 4. e
Norton, assignee and upon Suggesting to the cour
that he has fled in this court foregoing petition
it ordered that John f. Lewis, and all ether par
ties interest do show cause upon the seventh da
of MAY. A. D., 1870 at eleven O'Clock A. M beor
this court, why the said petition should not o.
granted and said property sold, rs prayed for, an
why all membranes recorded against said propert
should not be cancelled and erased And 1t IS fur
Their ordered that notice of this petition and orde
| be served upon said John +. Lewis, and all othe
persons, by serving copy thereof upon them, o
their agent attorney, or by said T. T.. Norton as
signee publishing copy OF said petition ana oroe
| three times IN the New Orleans RepuDHcan,
| newspaper printed in the city OF New Orleans
Louisiana, the last publication to be made at leas
| five days before the day of hearing.
| Signed April 4, 1870.
A true COPY: T. ID. DUKE LII. Juoge
| Clerks Office, New Orleans. April !, 1870:
CHARLES CLAIBORNE.
aps q 30 Clerk.