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Geilinger v. Philippi, States for the eastern district of Louisiana, by Caesar Philippi, syndic of the creditors of Gilbert H Green individually, and as a member of the late commercial firm and partnership of Gilbert H Green & Co, of New Orleans, and also of Green, Stewart & Co, of Liverpool, England, in the suits of Bank in Winterthur v Gilbert H Green and Geilinger & Blum v Gilbert H Green, on the docket of said circuit court After the answers were filed, the two causes were consolidated and tried by the court as one case The submission, findings of fact, and judgment are as follows: 'This cause came on this day for trial, and the parties having filed a stipulat on in writing, waiving the intervention of a jury and submitting the cause to the court on the issues of law and of fact, with the request that the court do make a special finding of the facts, whereupon the court makes the following findings of fact: Geilinger & Blum, a commercial firm, domiciled and doing business at Winterthur, in Switzerland, filed their action against the defendant Gilbert H Green on November 25, 1886, and on the 31st day of January, 1887, recovered a verdict and judgment in this court against Gilbert H Green for the sum of ten thousand five hundred and nine 68-100 dollars, with interest The Bank in Winterthur, a corporation organized under the laws of the canton of Zurich, in the Swiss republic, filed its action against Gilbert H Green on the 25th day of November, 1886, and on the 31st day of January, 1887, recovered a verdict and judgment in this court against Gilbert H Green for the sum of forty thousand three hundred and six 64-100 dollars, with interest On December 26, 1886, Gilbert H Green made a surrender under the insolvent law of the state of Louisiana, individually and as a member of the commercial copartnerships of Gilbert H Green & Co, of New Orleans, and Green, Stewart & Co, of Liverpool, England, in the form and manner set forth in the certified copy of the record of said insolvent proceedings, No 19,734 of the docket of the civil district court, parish of Orleans, which said record is made part of the finding of facts in this cause to show the character and contents of the proceedings had in said cause That on or about the 20th of May, 1887, under writs of alias fi fa issued in the case of Geilinger & Blum v Gilbert H Green, and in the case of the Bank in Winterthur v Gilbert H Green, the marshal of this court levied upon certain real estate described in the petition of Caesar Philippi, syndic This property was acquired by act before Theodore Guyol, notary public, of date May 19, 1882, and said deed is hereto annexed and made part of this statement of facts, to show the form, purport, and contents thereof At the time that this levy was made the said property was in possession of Gilbert H Green and his wife, and was their matrimonial domicile, and the said property had been continuously in possession of the said Green and wife from the date of the purchase thereof down to the date of the seizure thereof under writs of fi fa in these causes Up to the time that this seizure was made no demand had been made upon Green and wife by Caesar Philippi, syndic, for the said property, and no claim of title or possession had been set up by the said Philippi, syndic, for the said property And thereupon the court, upon these facts, finds the issues of law in favor of the said Caesar Philippi, syndic, and it is thereupon ordered, adjudged, and decreed that the seizure of the said property above described under the alias writ of fi fa issued in these causes, dated May 20, 1887, be set aside, and the property released by the marshal, and that R B Pleasants, United States marshal for the eastern district of Louisiana, be restrained and enjoined from proceeding to advertise and sell the property herein claimed; upon this condition, however, that said Philippi shall pay all the costs which have been incurred in the making of said seizure, and shall also present and file in this cause an order from the civil district court for the parish of Orleans, Division E, authorizing and directing him to take possession of said property from the said Green and wife, and to administer the same as part of the insolvent estate of the said Gilbert H Green committed to the gharge of the said court and the said syndic It is further ordered, adjudged, and decreed that Geilinger & Blum and the Bank in Winterthur be condemned jointly to pay the costs of this suit Judgment rendered June 13, 1887 Judgment signed June 17, 1887' Annexed to the findings was a certified copy of the insolvency proceedings and of he deed to Mrs Green .
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