No. 1213. BLANK PUBLISHED. Choice of Assignees. [First meeting of Creditors.] In the Superior Court of the City and County of San Francisco, In open Court, September 29, 1880. MEMORANDUM. This being the day appointed by the Court for the meeting of creditors in the above matter, and of which due notice has been given in the Daily Evening Bulletin, and by special notice served personally, or through the mail, we whose names are hereunder written, being the majority in amount of claims against said debtor aforesaid, and who have proven our debts, have chosen, and do hereby nominate and choose, John Hale to be the assignee of the said debtor's estate and effects, and we do desire that he may be appointed such assignee accordingly: Names of Creditors above memtioned. Residence of the same. Amount of Debt. Thomas Field...... City and County of San Francisco. $500 00 John Small. 1,000 00 I, Charles Halsey, Judge of the said Court, do hereby ap prove of the said choice of assignee. Dated the twenty-ninth day of September, 1880. Charles Halsey, Judge of the Superior Court. No. 1214. BLANK PUBLISHED. Notice to Assignee. In the Superior Court of the City and County of San Francisco, State of California. In the Matter of John Smith, An Insolvent Debtor. To John Hale, Esq. You are hereby notified, that at a meeting of the creditors of John Smith, an insolvent debtor, held in open Court in the Superior Court of the City and County of San Francisco, on the twenty-ninth day of September, 1880, you were elected assignee of the estate of the said insolvent debtor; and, by order of the Court, you are hereby directed to file a bond to the State of California with the Clerk of this Court, in the sum of ten thousand dollars, as fixed by this Court, with two or more sufficient sureties, to be approved by the Court, conditioned for the faithful performance of the duties devolving upon you as such assignee. The said bond shall be filed within ten days from the date hereof. Dated September 29, 1880. W. A. Stuart, Clerk. No. 1215. BLANK PUBLISHED. Bond of Assignee. In the Superior Court of the City and County of San Francisco, State of California. In the matter of John Smith, An Insolvent Debtor. Know all Men by these Presents: That we, Joseph Fox and Henry Harris, are held and firmly bound unto the State of California in the sum of ten thousand dollars, gold coin of the United States of America, to be paid to the said State of California, or assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed and dated the thirtieth day of September, one thousand eight hundred and eighty. The Condition of the above obligation is such, that, whereas, in the Superior Court of the City and County of San Francisco, State of California, on the twenty-ninth day of September, 1880, John Hale was, by the Creditors of John Smith, an Insolvent Debtor, duly elected Assignee of his estate. Now, if the said John Hale, Assignee, as aforesaid, shall faithfully perform the duties devolving upon him as such Assignee, then the above obligation to be void, otherwise to remain in full force and virtue. 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 Smith, An Insolvent Debtor. Assignment in Insolvency to Assignee. This Indenture, made this third day of October, 1880, 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 John Hale, Assignee of the estate of John Smith, an Insolvent Debtor, party of the second part, Witnesseth, that, whereas the creditors of John Smith, an Insolvent Debtor, having, on the second day of August, 1880, presented to the Honorable the Superior Court of the City and County of San Francisco a petition praying that he might be declared an Insolvent Debtor 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 such proceedings having been thereupon had in due form of law, that on the twenty-ninth day of September, 1880, the creditors, having been duly summoned, and having attended on the day appointed for their meeting, and having appointed John Hale, the party of the second part, Assignee of the estate of said Insolvent Debtor; and for the faithful performance of said trust, the said Assignee having filed a bond in the sum of ten thousand dollars, 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, prop erty, estate, and effects of the said John Smith, 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. L. S. 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 above written. year first W. A. Stuart, Clerk. No. 1224. BLANK PUBLISHED. Petition for Sale of Property. In the Superior Court of the City and County of San Francisco, State of California. In the Matter of John Smith, An Insolvent Debtor. To the Honorable the Superior Court of the City and County of San Francisco. The petition of John Hale respectfully shows: That he is the duly appointed, qualified, and acting Assignee of the Estate of John Smith, an Insolvent Debtor, now pending in said Court: That as such Assignee he has taken possession of all the estate described in the petition, schedule, and inventory of said Insolvent: That in order to pay the debts of said Insolvent it is necessary to sell all his estate vested in Petitioner as such Assignee. Wherefore, Petitioner prays for an order of this Court, authorizing him to sell at public auction all the estate, real and personal, vested in him as such Assignee, upon the following terms, to wit, for cash. And upon each sale to execute to the purchaser the necessary conveyances and bills of sale. The following is a description of the real estate belonging to said Insolvent Debtor's Estate, situated in the City and County of San Francisco, State of California, and bounded and described as follows, to wit: [Description by metes and bounds.] Dated November 10, 1880. Clement Smith, Attorney for Assignee. John Hale, Assignee.. No. 1219. BLANK PUBLISHED. Assignee's Notice of Appointment. In the Superior Court of the City and County of San Francisco, State of California. In the Matter of John Smith, An Insolvent Debtor. Assignee's Notice of Appointment. To whom it may concern: The undersigned hereby gives notice of his appointment as Assignee of the Estate of John Smith, an Insolvent Debtor, of the City of San Francisco, in the City and County of San Francisco, in the State of California, and who was, to wit, on the fifteenth day of August, 1880, adjudged an Insolvent Debtor, upon the petition of his creditors, by the Superior Court of the City and County of San Francisco, State of California, dated at San Francisco the twentieth day of September, 1880. John Hale, Assignee. No. 1227. BLANK PUBLISHED. Petition to Sell Perishable Property. In the Superior Court of the City and County of San Francisco, State of California. In the Matter of John Smith, An Insolvent Debtor. John Hale, the Assignee of the estate of John Smith, an Insolvent Debtor, petitions this Court for an order to sell, immediately, the following described, property belonging to the said estate, viz.: [Description.] Petitioner states that said property is of a perishable nature, and is liable to deteriorate in value-is disproportionately expensive to keep; and it will be for the best interests of the said estate to sell the said property immediately. That a sale of said property at private sale will realize more than at public auction. Wherefore, petitioner prays for an order to sell all, or any part of, said property either at public auction or at private sale, as he may deem best for the interests of said estate. Dated October 20, 1880. Clement Smith, Attorney for Assignee. John Hale, Assignee. |