New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-10-22

TITO THE HONORABLE E. H DURELL, JUDGE
IL of the District Court of the United States for
the District of Louisiana, sitting in bankruptcy:
The petition of E. E, Norton, Of the city OF New
Orleans, herein appearing as the assignee in
bankruptcy of the estate of Joseph G. Ellis
bankrupt, respectfully represents that among the
assets surrendered by the bankrupt, and belonging
to the aforesaid estate in bankruptcy, there is the
following described real estate situated in the State
of Louisiana, in the parish Of Orleans, to wit
One lot of ground situated in the First District Of
the city of New Orleans, in the square bounded by
St. Charles, Terpsichore, Carondelet and Mel.
p0mene streets, measuring twenty-eight feet five
inches front on st. Charles street by one hundred
and ten feet deep, with improvements consisting
OF two,st0ry dwelling house (framel, known as
No. 397 ST. Charles street
One whole square of ground in the First District
Of the city OfNew Orleans, being the square bound.
and subdivided into thirty-two lots, measuring
twenty-eight and thiTty-tWO feet front each bY
depths Of one hundred and twenty to one one hun
dred and forty feet according TO plan by T. Reizen-
stein dated January 30, 1869.
Your petitioner further represents that the said
herenbefOre described real estate is as appears OF
record, ncumbered and charged with the following
hereinafter specified mortgages, judgments, liens
and privileges resting thereon. to wit
Mortgage in favor of J. NJ. Kern for 54326 So.
Mortgage in favor of Th0uy Lafou for $3.50.
Mortgage ia favor of D. Pipes, Sr., for $500
Mortgage in favor of Charles T. Nash tor $4,000.
Mortgage in favor of H. H. Stanley for 1850.
Mortgage in favor of Thouy Lafou for $4,000
Mortgage in favor of Mrs. Caroline E. Potter,
marriage contract.
Judicial mortgage in favor of Columbus Reed for
1922 81.
Judicial mortgage in favor of c. E, Gtrardey &
Judicial mo mortgage in favor of city of New Or
leans for $3.50 37H.
Judicial mortgage in favor of John S. Sterry for
$500.
Privileges in favor Of State of Louisiana for
Privileges in favor of Draining COMPANY.
And your petitioner further represents that it ia
impossible for him to determine the validity OF
said membranes and the amount due thereon;
that he can not ascertain the value of said property
by agreement between himself and the creditors
holding said security as provided i'll section twenty
of the bankrupt act of 1867 And that it is neces.
sary, in order to ascertain the value of said prop
erty, and for the due, proper and speedy admins
trat0n OF said estate and for the interest of the
creditors therein that said estate be sold public
auction, free and clear Of all membranes Thal
al salI judgments mortgages, ieLS and pLlYlIe2os
recorded against said property be cancelled fnd
erased, so that your petitioner can convey clear
and unincumbered title to any purchaser thereof,
reseryIng to said J NJ. Kern ThOuy LafOu, D. Pipes,
ST. Charles T. NASH Henry H. Stanley Mrs. Caro-
line Z. Potter, Columbus Reed, C. Z. Grardey i
Co., city of New Orleans, John s. Sterzy, State OF
Louisiana, Draining Company, and 90 all OtAeF
persons, all their rights in law to the 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
membranes That all said Judgments, mort;
cages, liens and privileges recorded against said
property be cancelled and erased, so that your pc
titiOner can convey a clear and umncumoered
title to any purchaser thereof, reserVing to said
J. 81 Kern, Thouy Lafou, D. Pipes ST., Charles T.
Nash Henry H. Stanley, Mrs. Caroline E. Pot
ter Columbus Reed, C. E. Girardey & Co, city
of New Orleans John s. Sterry, State of Louis
lana, Draining Company and to all other per
sons, all the rights III law TO the proceeds Of
the sale of said property according to their rank
And he prays for al other necessary orders.
AUG. De B. HUGHES Attorney.
On motion of Augustus De B. Hughes attorney for
E. Z. Norton, assignee, and upon suggesting to
the court that he has filed in this court the fore
going petition it is ordered that J. 81. Kern, Thouy
LafOu, D. Pipes, ST., Charles T. Nash, Henry H.
Stanley, Ars Caroline E. Potter Columbus Reed,
C. E. Girardey " Co., John 5. Sterry, city of New
Orleans, State of Louisiana, Draining Com
pany, and all other parties in interest, dc show
cause upon the third Monday of November
A. D. 1873 at eleven o'clock A. NJ, before this
court why the said petition should not be granted,
and said property sold as prayed for, and why all
membranes recorded against said property
should not be Cancelled and erased.
and it is further ordered that notice Of this
petition and order be, served upon said j. NJ Kern,
Thoay Laf0u D. Pipes, ST., Charles 7. Nash, Henry
q. Stanley, Mrs. Caroline L. Potter, Columbus
Reed c. E Girardy 4 Co, John s. SterrY city Of
few orleans, State of louisiana Draining Company,
and all other persons, by serving copy thereof
upon them, or their agent OF attorney, or by
said assignee publishing copy of said petit
ton and order three times the New Orleans
Republican, a newspaper printed in New Orleans,
Louisiana, the last publication to be made at least
five days before the day of hearing.
Z. H. DURELL, Judge.
true copy:
J. 4. GHaRBONNET, Deputy Clerk.
CLERKS Office, Sew Orleans, June 3, 1873.