New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-31

TWO THE HON. z. H. DURtLL, JUDGE OF TIKI
4 District Court of the United States for the
The petition of 4. f. Merton of the city of New
Orleans herein appearing 40 the assignee in bank
ruptcy of the estate of William Cude, bankrupt
respectfully represents that among the assets sur
rendered by the bankrupt aid belonging 10 the
aforesaid estate in bankruptcy, there is the follow;
ing described real estate, situated in the State OF
Louisiana i'll the parish of Orleans, to wit:
Three certaiH lets of ground, together with tho
buildings aud impre vements thereon situated in
the Fourth District of this city, in square No 81,
which is bounded by Sixth, Seventh Constance
formerly Live Oak. and Magazine streets, the
SAME being designated by the Nos. .. 10 and H. on
o plan sketch of said square, dated the twenty
sixth day of August, 1854 annexed tn act of the
same date passed before John i. COtfey, notary
public. said lois ad 0in each other and measure
each per said plan or sketch Is feet IS inch
ont on Constance street, byA depth OF 40 feet,
between parallel lines
Your petitioner further represents that the said
hereinb fore described real estate is as aplfarsot
record, iuCumbered and charged with tbs follow
! ing h, reinafter specified mortgages, JudsmehtsS
! lees aud privileges resting thereon. 10 wit:
/ Mortgage in favor of William 1. hepp 1or bJOOo-
! Mort5age il favor of Henry e. ingraham for
| $3.50. o.,,.. S.
| S3U5.
Privilege in favor of the city of New Orleans for
| : 40.
| Judicial mortgage in favor GA Rochereau L Co.
| for $4,000,
Judicial mortgage in favor of A. Rocheresu Co.
| for f3l8
| judicial mortgage in favor OF John H. Schmidt
| for Sl259
And your petitioner further represents that it il
| 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, provided i'll section twenty
of the bankrupt act of 1867. And that it Is
sary, in order to ascertain the value of said prop
vrty, and for the due, proper and speedy admins
trlton of said estate. and 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 ieLs 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,
reserving to said William T. Htpp Henry G. In
graham, State Of Louisiana, city OF New Orleans A.
RochereGu u Co., and John IL. Schmidt aud to all
other persons all their rights in law to the pro-
ceeds of the sale of said property upon the distr
button thereof.
wherefore your petitioner prays that he NAV bs
ordered 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 and erased, that your pc
titioner can convey q clear and unIncumbered
title to any purchaser thereof, rcsrrvng to said
William T. Hepp, Henry G.. Ingraham state of
louisiana, city of New Orleans, A. Rochereau X
Co., ard John II. Schmidt and to all other per
sons, all the rights in law to the proceeds of
the sale of said property according to their rank.
and he prays for all Other necessary orders.
! AUG. De HUGHES, Attorney.
ON motion of a de B. Hughes, attorney OF +. Z.
Norton assignee, end upon suggesting TO he court
that he has filed in this court The foregoing petit
ton 1t Ia ordered that William T. Hrpp, henry @.
Ingrabam, State Of Louisiana, city of New Orleans;
4 Rochereau & Co. and John Ii. Schmidt, and
all other parties in interest, do sh"" cause upon
the third day of February, A D. 1873, at eleven
o'clock A. No. before this court why the said
petition should not be granted, and said property
sold as prayed for; ghy 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 William T.
a epp, Henry G. Ingrahsm, stare of Louisiana city
of New Orleans A Rnchereau K Co. and John IL
I Schmidt, and all other persons, by serving 8
ney or by said assignee publishing copy OF said
petition and order three times the New Orleans
Republican, q newspaper printed III the city of
New Orleans louisiana the last publication to be
made at least ve days before the dsv of hearing
&. H. DURHLL, Judge.
january 81 1870.
true copy: .
CLERKS Office, Eew Orleans, Jauary u, 1873.