New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-13
UNITED STATES DISTRICT COURT.
DISTRICT or LOUISIANA.
IN THE MATTER OF JOSEPH KLLISON. EANN-
lupt.
In BaEkruptcy-No. 1919.

VVO THE HONORABLE THE DISTRICT COURF
OF the United States for the district Of Louis
W sna ags II. bar 1ankrIr.y Hon william B.
for said district. presiding in the absence OF the
judge Of said courJ.-Fhe petition of Emanuei u.
LeBreton OF the city OF New orleans. herein ap-
pealing the gnee IN bankruptcy OF the estate
Of Joseph Ellison, bankrupt, respectfully repre-
sents that among the assets surrendered by the
bankrupt and oelop girg to the aforesaid estate in
bankruptcy there is the following described real
estate, situated in the state OF Louisiana, parish,
OF Orleans. city OF New Orleans, to wir
A certain piece or portion of ground, together
with the buildings aud improvements thereon. and
the rennto belonging or in anywise appertaining,
situated IN the Fourth District OF this city in the
square bounded by Coliseum (or'nerly Ursula
urins l2T feet 3 inches lines front said Coli
scum street 236 feet 8 inches line in dep h and
front on ST. Andrew street, 236 feet inches lines
in depth on the opposite side and III feet inches
3 lines in width in the rear. and designated by tho
letter on sketch Of same and adjoining prop
erty annexed to an act passed before II. &. Cenas.
late notary public In this city, on the fifteenth
day OF May, 1851. The whole according to another
sketch thereof annexed in the maIg'n of an act
passed before A. Hero Jr., notary public. the
twentieth day Of May, 1871. Being the same prop
nation from Henry s. Buckner, by act passed be
fore the aforesaid Cenas. notary public. on the fif
fe e fn gay Ct ay Of ana rch ny 1s
act passed before A Hero, Jr., notary public, on
the twentieth day OF May, 1871.
Your petitioner further represents that the said
herenbefore described real estate is, APPEARS Ct
record. encountered and charged with the follow
ing hereinafter specified mortgages, Judgments
liens and privileges resting thereon, to wit:
The draining privilege.
The vendor mortgage in favor of Fred b. Brand
and others to secure The payment OF Sl3 500, In
teIest and costs reduced by $4,000 Charles Il. Alter
ana X N. Lewis holders, recorded May rs. 1871.
The privilege in favor OF +. Il. lvGns for &t5G, re-
corded October II, 1871.
The mortgage in favor of Charles T. Howard to
secure the payment Of E415t. interest and costs,
recorded November Il. 1873
The one in favor OF Robert Bloomer to secure the
payment OF S,3l2o, interest and COSTS. recorded
January 81, 1874.
Tho several privileges in favor of the State O:
Louisiana for State taxes. ls7l and 1872, aggregat
ing 1862 20, recorded January 1, 1873.
The several privileges III favor of the city Of New
corded in 1868, 1872 and 1915
The several ones in favor Of the Union Bank OF
Louisiana. ag:reeating Rs1sj %. interest and
costs, recorded March %, 1860.
The one in favor vi Charles Roman, president OF
the Pelican Mutual Insurance Company, for
$7os2 1S subject to a credit OF SS.7 so, recorded
The general one in favor Of Mrs Archie Allan
Brand. resulting from her marriage contract re-
corded April l. 1888.
The one resulting from tutors bond Of Fred. i.
Brand as tutor OF his minor children in proceedings
OF tutorsslD IN succession OF Mrs. archie Allan
trct Court, pari-h OF orleans. recorded September
30 1869.
Ana our petitioner further represents that it In
i'm apssi bic Tor him 10 determine the validity Of
said membranes and the amount due thereon.
that he can not ascertain the value of said prop
itOrs holdin. said security provide in section
twenty of tue bankrupt act of 1867; and that it il
necessary in order to ascei tain the valus of said
proDerty, ana Ior the due, proper and speedy ad-
mnstratiou of said estate and for the interest of
the creditors therein. that said estate be sold at
puoiic auction, free and clear Of all membranes
TIL 1t all said jud s.Inents, mortgages liens priv
ileses recorded against said property be cancelled
anu erased 40 that your petitioner can convey
clear and unincumbeIed title to any purchaser
the eof, reserving to said Draining Company.
Charles u. Alter. X ~ Lewis, K. +. 1vens, Charles
Howard. Robert BODT1r n
lana. the city of New Orleans the Union Bank of
Louisiana. the Pelican Mutual iusuTtnce Company.
the minor children Of r. i. Brand aud his wife
Mrs. Archie Allan Brand deceased through their
tutor, F. Z. Brand, and their nader tutor, II. 8.
Buckner, the succession uf Mrs. Archie Allan
Brand and to all othei persons all taeir rights in
law to the proceeds of the sale of said property
upon the stributioa thereof.
Wherefore your petitioner prays that he NAV
be ordered and authorized to sell sa.d property
above described at public auction, free and clear
from all membranes. That all said udg ments.
mortgages liens aud privileges recorded against
said property be Cancelled and erased that
your petitioner can convey q clear and upincum-
bered title TO any prTe lser thereof rcserying to
said Draining Company, Charles 4. Alter, X. N.
Lewis, Z. B. lvens, Charles 7. Howard, Robert
Orleans. the Union Bank Of Louisiana, the Pelican
Iutuai Insurance Company. the minor children Of
deceased, through their tutor ,. b. Brand, and
their under tutor II. r. Buchner. the Succession of
MRS; Archie Allan Brand, aud t" all other persons.
all the rights IN law to The proceeds Of the sale of
said property according to their rank. And he
prays for al other necessary orders.
A. MiCOU, ATTORNEY
ON motion OF A. NicpII, attorney of Emanuel b.
LeBreton, ass gnee ana upon suggesting to the
court that he has filed in this court the foregoing
petition, it is ordered that the Draining G. mphny
Charles J.. Alter r. N. Lewis, +. b. Iveps Charles
L. howard, kO ert BlooUnr, the State of Louisiana
the city of New Orleans, the Union Bank OF Lousi-
ana the Pelican Mutual Insurance Corop INV the
minor children of +. 3. Brand, end his wits, Mrs.
Archie Allan Brand, deceased, through their tutor
+. b. Brand and their under tutor H. S. BrtIsner
the succ. s5ion Of Mrs. archie Allan Brand aud ali
first day of Nay, A. ID. 49, at Ii a. NJ before this
court Why the said petition should not be grantea
and sadiproperty sold, as prayed for aud why all
iDcumtrances recorded against said property
should not be Cancelled and sed reservin the,
part es their rights TO proceeds thereof And IL il
fuTther ordered that notice Of this petition and
order 20 served upon Said Draining Com paDy,
I. Howard. Robert Boomer, the State OF Louis
aaa, tho city of New Orleans, the Unua + INK Of
Louisiana the Pelican u Iual Insurance COMPANY
the minor children CT +. Il. Brand and his wife
Mrs. Ar' bis Allan Brand, deceased, through their
tutur. +. j. Brand, and their under tutor II. :.
Buckner, the succession OF Mrs. Archie Allan
Brand, ana all Other persons, oy serving a coON
theieot upon them OF Gheic agsut or attorney, OF
by publishing "a copy of aid petition and order
three times III the New orleans Republican, .:
news paper printed III the city OF New Orleaus tho
last publication 20 iie maze a least five days bt
fore the day OF hearns.
New Orleans, april |. 1916.
fSignedD W. p. WOODS, Circuit Juuse.
no MAKES This order during vacancy III the
Office OF United States District Judge for the Dis
trict OF Louisiana.
- a fisn. s,,r,u l,,r;lI