New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-04
LEGAL NOTICES,
UNITED STATES DISTRICT COURT
DISTRICT OF LOUISIANA
IN THE MATTER OF +. J. GARNER,
Bankrupt.
In Rankruptcy-N0. 154.


ITO THE HONORABLE E. H. DURELL,
l. Judge OF the District Court of the United States
for the district OF Louisiana, sitting IN bank
ruptcy:
The petition of E. +. Norton, of the city of New
Orleans herein appearing as the assignee in bank
rsptcy of the estate OF T. j. Garner, bankrupt. re-
That among the assets surrendered by the bank
rupt and beioneing to the aforesaid estate IN bank
ruptcy there is the following described real estate.
situated IN re State OF Louisiana. IL the parsn OF
Union, TO wit:
A tract Of land. occupied as TIE homestead of
bankrupt y ing SIX miles east OF Spearsvle, LOUIS
lana, known the Ben DIlly'' tract and contain
Your petitioner further represents that tie said
herein before descrb real estate appears OF
record, encumbered and charged with the following
hereinafter speclhed mortgages, judgments, liens
and privileges resting thereon to wit:
Special mortgage in favor of Benjamin Diily
Center Point, SEWER county, Arkansas. for S2lo
And your petitioner further represents that it IS
imposslb BILE for him to determine The validity of said
membranes. and the amount due thereon; that
he not ascertain the value of said property by
agreement between himself and the creditors hold
ing said security, provided in section tive nty of
the bankrupt act of ls67 And that it is necessary
in orGer to ascertain the value OF said property, and
tor the due, proper and speedy administration of
said estate, aud for the interest of the creditors
therein. that said estate be sold at public auction,
free and clear OF all membranes. That all said
Judgments, mortgages, liens and privileges recorded
against said property be Cancelled and erased go tnat
your petitioner can convey clear and bered
tiue to any purchaser thereof reservlng TO SAID
Benjamin Oily, Center Point. Sewer county, Ar
kansas. and to all other persons all their rights IN
yI
the distribution thereof.
Wherefore your petitioner prays that he may be
rdered and authorized to sell SAID property above
described at public auction, free and clear from all
membranes. That all said judgments, mort
cages, liens and privileges recorded against said
property be cancelled ana erased. that your petit
tioner convey a clear and unincumbered title to
any purchaser thereof, reserving to said Benjamin
Oily, Center Point. SEWER county, Arkansas, and
to all other persons. all the rights law to the pro-
cseds of the sale of said property ding their
rank. And ne prsys for all other necessary orders.
(Signed) A. DEB. EUuhES. Attorney.
On motion Of A. Deb. Hughes, attorney Of E. E.
Norton, assignee, and upon suggesting TO the Court
that ne has tiled this Court the foregoing Petition
IL is ordered
That Benz amin Dilly. 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 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
ceed and erased. And it is further ordered that
notice of this petition and order be served upon
said Benjamin Dilly, Center Point. Sewer county,
Arkansas, and all other persons. by serving copy
thereof upon them, or their agent attorney or by
said r. e. Norton, assignee, publish ng copy of
laars Republcan. newspaper printed in New Or
leans, the last publication to be made al lesst five
days before the day OF hearing.
Signed April t. 1873.
e. II. DURELL, Judge.
A true copy:
Clerks Office, New Orleans. April 1870.
apl0 81 myS CHS. CLAIBORNE, Clerk.