New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-04-13

ITO THE HONORABLE T. H. DUaELL JUDGE
l. OF the District Court of the United States fol
! the istrict of Louisiana sitting in bankruptcy:
| The petition of E. Z. Norton OF the city OF New
Orleans. herein appearing the assignee in bank
ruprcy OF the estate of George W. Sizer, bankrupt
respectfully represents that, among the assets sur
rendered by the bankrupt, and belonging to the
aforesaid estate in bankruptcy there is the follow
ing described real estate situated In the State of
Louisiana, in the parish of Orleans, to wit
lot OF ground in the First district of this citv
with the buildings and Improvements thereon in
square number twelve, bounded by Canal, Gasquet
Maras and IRENE streets, being a portion of LOT
number five of said square and measuring in
French measure, about twenty feet front on Canal
street BY one hundred and twenty feet deep,
bounded on the side nearest IRENE street by lot
number four and on the other side by the remain.
ing portion OF lot number five, per plan of J.
Pile, surveyor dated February 6. 1872. xed to
an act of sale from the city corporation to Will
liam Brother, passed before J. de ArInas. late
| notary public in this city on February Il, 1927.
Your petitioner further represents that the said
hereinbetOte described real estate is as appears of
record, incumbered and charged with the follow.
ing hereinafter specified mortgages Judgments,
S900a.
Mortgage in favor of Martin L. Ainsworth for
s 10000.
Privilege in favor of the State of Louisiana for
STA.
judicial mortgage in favor of Shropshire
Brothers Coz S2036.
Judicial mortgage in favor of Benjamin A. Moss
Judicial mortgage in favor of Fisher, Johnson L
Co. for S 1887 20.
Judicial mortgage in favor OF Dr. B. H. Moss for
$455i 81
And your petitioner further represents that it is
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 in 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
tratiOn of said estate and for the Interest of the
creditors therein that said estate be sold public
auction, free and clear of all membranes. That
all sail judgments, mortgages, liens and privileges
recorded against said property be Cancelled and
erased so that your petitioner can convey a clear
and unincumbered title to any purchaser thereof,
rcserving to said Charles g. Z. Baouie, Martin L.
Ainsworth. the State of louisiana Shropshire
Brothers, BENJAMIN A. Moss, Fisher, johnson l. Co..
Dr. B. a. Moss, and to all other 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
described al public auction free and clear from all
membranes That az said judgments mort
cages, liens and privileges recorded against said
tltioner can convey clear and unincumbered
title TO any purchaser thereof reserving to said
state of Louisiana, shropshire Brothers. Benjamin
A. Moss, Fisher, Johnson Co., DR.. B. H.
Moss, and to /, all other persons, all the
rights in law to the proceeds of the sale of said
property according to their rank And he prays
AUG DE- B. HUGHES, Attorney.
On motion Of Aug. De B. Hughes. attorney of E.
E. Norton, ASST gnee, and upon suggesting to the
court that he has filed in this court the foregoing
petition it is ordered that Charles G. E. BaTuie,
Martin L. AinswOrth, State of louisiana Shrop.
shire;Brothers Benjamin A. Moss, Fisher. Johnson
Co., Dr. B. H. Moss, and all other parties in interest
do show cause upon the twenty seventh day of April
A. D. 1872, at Ii A. NJ, before this court why the
said petition should not be granted, and said prop
erty sold as prayed for, and why all incumbrances
recorded against said property should not be can
ceed and erased.
And ia further ordered that potina tI,;s ro+;
ton and order be served upon said Charles 6. Z.
Baquie: Martin L. AinswOrth, State of Louisiana,
shropshire Brothers. Benjamin A. Moss, Fisher
johnson Co, Or. B. H. Moss, and all other persons
by serving copy thereof upon them or their agent
or attorney, or by said assignee publishing copy of
said petition and order three times in the New Or
leans Republican, newspaper printed in New Or
leans Louisiana, the last publication to be made at
least five days before the day of hearing.
Signed March g. 1872.
E. H. DURELL, Judge
A true copy:
J. A. CHARBoNSRr, Deputy Clerk
Clerks Office, New Orleans, March g. 1872.
mh27 ap9 %