No. 1204. BLANK PUBLISHED. Clerk's Affidavit of Service, etc. In the Superior Court of the City and County of San Francisco, State of California. John H. Harney, being duly sworn, says: That he is Deputy County Clerk of said City and County, and was, at the time of making the service hereinafter mentioned and described, a male citizen of the United States of America, over eighteen years of age, and competent to be a witness in the within-entitled matter, and has no interest therein; that he personally served the annexed Adjudication of Insolvency, Stay of Proceedings, and Order of Publication, on the third day of December, 1880, upon the within-named Creditor, Henry Brickwedel, by delivering to each of said persons personally, in said County, a full, true, and correct copy of said Adjudication of Insolvency, Stay of Proceedings, and Order of Publication. John H. Harney, Deputy County Clerk. Subscribed and sworn to before me, this third day of December, 1880. Fred P. Stone, Notary Public. L. S. No. 1216. BLANK PUBLISHED. Order Appointing Assignee. In the Superior Court of the City and County of San Francisco, State of California. In the matter of An Insolvent Debtor. Order of Court Appointing Assignee. In Open Court, 188.. Whereas, John Brown did on the first day of December, 1880, petition this Court to be discharged from all his debts in pursuance of the provisions of an act of the Legislature of the State of California, entitled "An Act for the Relief of Insolvent Debtors, for the protection of creditors, and for the punishment of fraudulent debtors," approved April 16, 1880, and the Court thereon, to wit, on the first day of December, 1880, made an order requiring the Creditors of said Insolvent to be and appear on the fourth day of January, 1881, before the said Court, at the Court-house thereof, in said County, to choose an assignee of said estate, in pursuance whereof the said Clerk did cause to be published a notice calling them to appear in the said Court, on the said fourth day of January, 1881, on which day, it appearing and having been proved to the satisfaction of the Court that the said notice to the Creditors of said Insolvent had been duly published in pursuance of said Order, and no Creditors of said Insolvent appearing. Now, therefore, It is Ordered, that Thomas Varney be and he is hereby appointed Assignee of the estate of said debtor, upon his filing a bond as provided by law in the sum of ten thousand dollars. Dated this fourth day of January, 1881. Charles Halsey, Judge of the Superior Court. No. 1218. BLANK PUBLISHED. Assignment by Clerk to Assignee. In the Superior Court of the City and County of San Francisco, State of California. In the matter of John Brown An Insolvent Debtor. Assignment in Insolvency, to Assignee This Indenture, made this fourth day of January, 1881, between W. A. Stuart, Clerk of the Superior Court of the City and County of San Francisco, State of California, party of the first part, and Thomas Varney, Assignee of the estate of John Brown, an insolvent debtor, party of the second part, Witnesseth, That whereas, the said John Brown, on the first day of December, 1880, presented to the Honorable the Superior Court of the City and County of San Francisco, his petition in pursuance of the provisions of an Act of the Legislature of the State of California, entitled, an Act for the Relief of Insolvent Debtors, for the Protection of Creditors, and for the Punishment of Fraudulent Debtors," approved April 16, 1880; praying to be discharged from all his debts, and such proceedings having been thereupon had in due form of law, that on the fourth day of January, 1881 (the creditors, although duly summoned, not having attended on the day appointed for their meeting, and refusing to appoint one or more assignees), the said Court did, by Order then duly made, appoint Thomas Varney assignee of the estate of said insolvent debtor, and to perform, in every respect, the functions of Assignee; and for the faithful performance of said trust, the said assignee having filed a bond as ordered by the Court: Now, therefore, in consideration of the premises, and of the benefit of said Act, and in pursuance of and in obedience to the above recited Order and the said Act, the said party hereto, of the first part, hath granted, assigned, transferred, and set over, and by these presents doth grant, assign, transfer, and set over, unto the said party of the second part, his successor, successors, or assigns, all, and all manner of goods, chattels, debts, moneys, deeds, books, and papers, and all other things, property, estate, and effects of the said party of the first part, real, personal, and mixed, of what kind, nature, or quality soever, and wheresoever the same may be situated, and whether in possession, reversion, remainder, or in action, at the time of the commencement of the said proceedings in insolvency, except such property as is exempt by law from execution. To have and to hold the same and every part and parcel thereof unto the said party of the second part, his successor, successors, and assigns, forever, to and for the uses and purposes in the said Act declared. In witness whereof, the said party of the first part hath hereto set his hand and the seal of said Superior Court, the day and year first above written. L. S. W. A. Stuart, Clerk. No. 1211. BLANK PUBLISHED. Proof of Debt without Security. In the Superior Court of the City and County of San Francisco, State of California. In the matter of John Brown An Insolvent Debtor. State of California, City and County of San Francisco. At the City and County of San Francisco, State of California, on the fourth day of January, 1881, before me personally appeared Henry Brickwedel, a resident of the City and County of San Francisco, State of California, and who, after being duly sworn, says: that John Brown, the person by whom a Petition for Adjudication of Insolvency is filed, was, at and before the filing of the said Petition, and still is, justly and truly indebted to affiant in the sum of three thousand dollars, and no payments have been made thereon. This Deponent says that he has not, nor has any person by his order, or to this Deponent's knowledge or belief, for his use, had or received any manner of satisfaction or security whatever. And this Deponent further says, that the said claim was not procured for the purpose of influencing the proceedings in this matter; that no bargain or agreement, expressed or implied, has been made or entered into by or on behalf of this Deponent to sell, transfer, or dispose of said claim, or any part thereof, against said Debtor, or to take or receive, directly or indirectly, any money, property, or consideration whatever, whereby the vote of this Deponent for Assignee, or any action on the part of this Deponent, or any other person, in the said proceedings, has been, is, or shall be in any way affected, influenced, or controlled. Henry Brickwedel, Deposing Creditor. Subscribed and sworn to before me, this fourth day of JanuW. A. Stuart, ary, 1881. L. S. County Clerk. I do hereby certify, that the within-contained demand of Henry Brickwedel against John Brown, the Insolvent Debtor within named, was proved to my satisfaction on the fourth day of January, 1881, for the sum of three thousand dollars, and is allowed at that amount. Dated January 4, 1881. Charles Halsey, Judge of the Superior Court. No. 1255. BLANK PUBLISHED. Petition for Homestead Order. In the Superior Court of the City and County of San Francisco, State of California. In the Matter of John Brown, An Insolvent Debtor. Petition for Order Setting Apart Homestead for Use of Insolvent Debtor. To the Honorable the Superior Court of the City and County of San Francisco, State of California: The Petition of John Brown respectfully shows: That on the first day of December, 1880, the said John Brown was, by the said Court, duly adjudged an Insolvent Debtor, under the provisions of the Insolvent Act of 1880, of the State of California. That a certain quantity of land in his inventory and schedules on file, and hereinafter particularly described, together with the dwelling-house thereon and its appurtenances, was selected by him, and was occupied by said Insolvent Debtor and his family at the time he was adjudged an Insolvent Debtor, as a homestead; that since the said time of said adjudication, and up to this date, has remained in possession of said homestead. That the same does not exceed in value the sum of five thousand dollars. That said selection was made by said Insolvent Debtor, declaring his intention, in writing, to claim the same as a homestead; that said declaration stated the value of said land, and that he was married; that he was at the time of making such declaration residing with his family on said premises (said premises being particularly described in said declaration), and that it was his intention to use and claim the same as a homestead, which said declaration was signed by the said party making the same, and acknowledged and recorded as conveyances affecting real estate are required to be acknowledged and recorded. That the said quantity of land hereinbefore referred to is situated in said City and County of San Francisco, State of California, and is bounded and particularly described as follows, to wit: Lot on the S. W. corner of Kearny and Washington streets, being twenty-five feet front on Kearny street, with a uniform depth of one hundred feet on Washington street. Wherefore, your Petitioner prays that the said homestead, consisting of said quantity of land, together with the dwellinghouse thereon and its appurtenances, be set apart for the use and benefit of said Insolvent Debtor. And your Petitioner will ever pray, etc. Geo. W. Tyler, Attorney for Petitioner. John Brown. No. 1256. BLANK PUBLISHED. Order Setting Apart Homestead. In the Superior Court of the City and County of San Francisco, State of California. In the Matter of Order Setting Apart Homestead for Use John Brown, An Insolvent Debtor. of Insolvent Debtor. John Brown, an Insolvent Debtor, having on the twentieth day of January, 1881, made application to this Court, by petition, for an order setting apart, for the use and benefit of said Insolvent Debtor, the homestead in said petition and hereinafter particularly described, together with the dwelling-house thereon and its appurtenances; and it duly appearing to said Court from the papers on file, and other evidence, that the prayer of said petition should be granted: It is hereby Ordered, Adjudged, and Decreed, that all that certain lot, piece, or parcel of land, situate, lying, and being in the City and County of San Francisco, State of California, and bounded and described as follows, to wit: Lot on the S. W. corner of Kearny and Washington streets, being twenty-five feet front on Kearny street, with a uniform depth of one hundred feet on Washington street. Together with the dwelling-house thereon and its appurtenances, be, and the same is hereby set apart for the use and benefit of the said Insolvent Debtor; and that the same shall not be subject to be applied to the payment of his debts. And it is further Ordered, that a certified copy of this decree be duly recorded in the office of the County Recorder of said City and County of San Francisco. Dated January 29, 1881. Charles Halsey, |