New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-03

In Bankruptcy-NO. 154.
ITO THE HONORABLE E. II. DURELL
Judge o. the District Court of the United star
| for the district Of Louisiana, sittirg IN bank
ruptcy:
The petition of E. E. Norton, of the city of New
Orleans. herein appearing the ASS gnee in ban
rsptcy OF TIE estate OF l. j. Garner, bankrupt, re
| specially represents
Tnat among the assets surrendered by the bank
rupt. and belonging to the aforesaid estate IN bank
rnptcy there the following described real estate
situated II ne State OF Louisiana. in the parish Of
Union, TO witt
A, tract OF land. occupied as TIE homestead Of
bankrupt. lying miles east OF Spesrsviie Louis
lana, known as the Ben Oily" tract. and contain
Your petitioner further represents that the said
herein before described zeal estate as appears OF
record, encumbered and charged with the following
hereinafter specified mortgages, judgments, liens
ana pIiv ieges resting thereon to WIT: ~
Special mortgage in favor of benjamin Oily,
Center Point. Sewer county. Arkansas, for S2l6.
And your petitioner further represents that 1t is
impossio'e for him TO determine the vadlty OF SAID
lncurn ORANGES, and the amount due thereon; thar
he can not ascertain the value OF SAID property Dy
agreement between himself and the creditors hold
ing sand security provided in section tive nty OF
she ankrupf act OF 1861 and that it is necessary
in orcer ascertain the value of said property and
said estate, and for the interest of the creditors
therein, that said estate be sold at public auction,
free and clear @ all membranes That all said
judgments, mort cages. liens and privileges recorded
against said property be Cancelled and erased SO that
tile TO snv purchsser tbsreof reservIns to said
Benjamin Dllly Center Point, Sewer county. Ar.
ana TO al otner persons, all tner rights IN
law to the proceeds of sale Of said property upon
the distri button thereof.
Wherefore your petitioner prays that ne may be
rdered and authorized to sell said property above
described public auction, free and clear from all
membranes. That all judgments. mort.
cages, liens and privileges recorded against said
property be Cancelled and erased that your petit
TONER can convey clear and unincuub ered title to
any purchaser thereof, reservlng to said Benjamin
DliIy, Center Point, sevier county, Arkansas, and
to all other persons all the rights law the pro-
ceeds Of the sale of said property ling their
rank. And ne prays for all other necessary orders
(Sgned) A. DEB. HUGHES, Attorney.
On motion of A. Deb. Hughes attorney of E. E.
Norton, assignee and upon suggesting TO the Court
it is ordered
That Benjamin Oily. Center Point Sewer county,
Arkansas and 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
said petition should not be granted, and said prop
erty sold as prayed for, and why sl incumbr ances
recorded against said property should not be
celed and erased And 1t is further ordered that
notice OF this petition and order be served upon
said Benjamin Oily. Center Point, Sewer county,
Arkansas, and all other persons, by serving a copy
said 4. E Merton, assignee publishing copy of
said petition and order three times IN the New Or
laaLs Republican, newspaper printed in New Or
leans. the last publication TO be made al least i've
dsys before the day of hearing.
Signed April t, 1879.
E. II. DURELL, Judge.
A true copy:
Clerks Office. New Orleans. April $50
aplU y mys CHS CLAIBORNE. Clerk.