Imla Keep, et. al. to Unknown, 03-20-1826


Summary: Depositions and schedule of debts in the case of the bankruptcy of Dr. Imla Keep


1. Isaac Thomas

United states of North America, and state of Louisiana paresh of Rapide. This day appeared before me Gilbert Legrass a Justice of the peace in and for said parish Isaac Thomas who being duly sworn According to the Law of said State, did depose that he was acquainted with Docr Imla Keep in the years 1822, 1823, and 1824. That he was his near neighbour and had as he believes a pretty general knowledge of his affairs. During those years he is of opinion, that Docr Keeps practice as a physician could not have yielded him on a fair estimate more than five hundred dollars a year, he also states that the Docrs attention was principally confined to the cultivation of his farm. The said Thomas further states—That Docr Keep purchased part of the Land that he once owned in this parish and which is now owned by the deponent of Col. Thomas Patterson— Who had purchased it of Waters and Leonard who held a Mortgage for the ballance of the purchase money due by Patterson—to the amt of about four thousand two hundred dollars. The ballance of the Land the Docr bought of William Smith—who had a priviledge on it for the payment of the ballance due him. Keep by his purchase of Patterson became bound to pay Waters and Leonard—failing in which they obtained a Judgement against Patterson on the Mortgage—and had the Land sold on a twelve months bond—when this bond became due Keep was still unable to pay and procured this deponant John and L. B. Compton, Joseph and William Brown and John L. Lecroix to purchase up the bond and give him one and two years to pay it in— The above parties did make that arrangement reserving their right to have the land sold and bought in by them for their security of the others. Keep paid part of the money due on the bonds at the time fixed—and this deponant paid the ballance— and to secure himself for this and other debts bought the Land and took a Conveyance from J and L B Compton— The land bought of smith was sold to pay the ballance due on it When the deponant also became the purchaser.

Sworn to, written in the deponents own handwriting, and Subscribed before me this 20th, March 1826

(Signed)I. Thomas

G. Legras Jce Pce

in and for the parish of Rapide

I certify that I have long been acquainted with Isaac Thomas Esqr an inhabitant of the parish of Rapide whose deposition is written above, that he is a gentleman of respectability, and that his deposition is entitled to full credit

Given under my hand and Seal of Office as Parish Judge in and for the Paresh of Rapide this 20th March 1826

Th C. Scott Par. Judge

2. THOMAS HOOPER

United Stats of america and State of Louisiana Parish of Rappide this the 20th day of march 1826 this day appeared before me Gilbert Legrass a Justice of the peace in and for the said Parish Thomas Hooper who being duly sworn according to the laws of said state, did depose that he was acquainted with Doctor Imla Keep in the years 1819, 1820, 1821, 1822, 1823, 1824 That he was his near neighbour and had as he believes a pretty general Knowledge of his affairs.

During the years of 1819 or 1820 this deponent is not confident which, Dr. Keep had an extensive practice and was for a time a popular Physician, so much so this deponent was induced to engage him for the succeeding year as his family Physician, but he proved so unsuccessful in his practice and became so very unpopular in those families in which he practiced that he considered him so unsafe That altho Dr. Keep owed this deponent the sum of ninety dollars, and he agreed to attend the deponents family for said sum of ninety dollars, he gave up the said debt to Dr. Keep and employed other Physicians in his place when occasion required, altho Dr. Keep was receiving the pay of said sum for the same. The deponent further states that he verily believes that Doctor Keeps practice after the first year he came in the country was not worth five hundred dollars per annum. The deponent further states that during the latter part of the year one thousand eight hundred and twenty four the deponent started from this Parish in Company with Dr. Keep and Colonel Gross's family and that they arrived at Col. Gross's residence in the Providence [sic] of Texas on the 24th or 25th of December the deponent is uncertain which and was present when Dr. Keep and Col. Gross attempted to make a settlement, that the deponent understood from the parties that Dr. Keep upon settlement fell in debt to Col. Gross to a very considerable amount and that Col. Gross gave a bill for goods which Dr. Keep was to fill in New Orleans for the amount of two or three thousand dollars the deponent does not remember which but believes the latter, which money the deponent understood was in the hands of Dr. Keep and belonging to Col. Gross.

The deponent further understood from the parties that a partnership was to be entered into after Dr. Keeps return from New Or leans between Dr. Keep Col. Gross and Wm. White and that said White and Keep were to take possession of the lower plantation

(Signed) Thomas Hooper

Sworn to and Subscribed before me this 20th. March 1826

G. Legras Jce Pce

for the parish of Rapide

I certify that I have long been acquainted with Thomas Hooper Esq. an inhabitant of the Parish of Rapide whose deposition is written above, that he is a gentleman of respectability and that his deposition is entitled to full credit

Given under my hand and seal of office as Parish Judge in and for the Parish of Rapide this 20th March 1826.

(Signed) Th C Scott Par Judge

3. NARRISH WRIGHT

Whereas I Narrish Wright Sheriff of the Parish of Rapide by virtue of a writ of firie facias to me directed against the goods and chattels Lands and tenements of Thomas Patterson Imla Keep and Henry Haynes at the suit of William Waters did seize the following property to wit all the right title and interest of these defendants or either of them in and to ninety Arpens of Land and all the rights priviledges and appurtenances thereto belonging situated lying and being in the Parish of Rapide on the right Bank of the Bayou Rapide in descending bounded below by Lands of Charles Curtis and above by the One hundred and eighty arpens of the same tract purchased by John and L B Compton at Sheriffs sale and being the remainder of the tract acquired by Imla Keep or Thos Patterson and a Part of the same on which the said Keep now resides and having exposed the same to public sale according to Law on the 4th of March 1824 for Cash when J and L B Camptan became the purchaser thereof for the price of four hundred dollars which I hereby acknowledge to have received and endorsed as a credit on the execution bearing date March 4th 1824 Now therefore Know all men by these presents that I the said Sheriff do in consideration of the premises and by virtue of the acts in such case made and provided grant bargain Sell assign and set over to the said J and L B Compton their heirs and assigns all the above described peice or parcel of Land and all the right title interest or demand which the said Thomas Patterson Imla Keep and Henry Haynes on the 15th day of June 1822 as at any time since had in or to the said property or any part thereof there being the following special Mortgages on the same as certified by the Parish Judge of the Parish of Rapide in his certificate as follows I cer tify that a special Mortgage exists on the records of my office by Imla Keep in favor of Thomas Patterson on a tract of Land situated in the Parish of Rapide on the left Bank of the Bayou Rapide in descending having a front on the said Bayou of six and three quarters arpens with the depth of forty arpens to secure the payment of the sum of Eight thousand dollars besides interest dated December 23rd 1818 I also certify that another special Mortgage exists by said Keep in favor of Edmond L Briggs on forty Arpens of Land to be taken from the lower side of the tract above described to secure the payment of the sum of Seven hundred and ninety dollars and fifty Cents besides interest dated September 19th 1821 I also certify that another special Mortgage exists by said Keep in favor of Joseph Letchworth on forty arpens of the above described tract of Land and adjoining that last Mentioned to Secure the payment of the sum of twenty dollars besides interest dated October 10th 1822 and that no other special Mortgage exists on the records of my Office in the name of said Keep Given under my hand and seal of Office as Parish Judge in and for the Parish of Rapide this 4th day of March 1824 (Signed) Thomas C Scott Par Judge To hold the same to the said J and L B Compton their heirs and assigns for ever In testimony whereof I have hereunto set my hand and seal this fourth day of March in the year of Our Lord one thousand eight hundred and twenty four and in the forty eighth year of the independence of the United States

Narrish Wright

Sheriff of the Parish of Rapide

(Signed) sealed and delivered in the presence of

Wm R Leckie

S E Cuny

Done and passed before me

Th. C. Scott Par. Judge

I certify the foregoing to be a true copy from the original on file and of Record in my Office

Given under my hand and seal of Office as Parish Judge in and for the Parish of Rapide this 21st day of March A D 1826

Th. C. Scott Par. Judge

4. SCHEDULE OP DEBTS.

Be it remembered, that heretofore to wit; on the fourth day of May Eighteen hundred and twenty five Imla Keep filed in the Office of the Clerk of the sixth District Court in and for the Parish of Rapide and State of Louisiana a Petition, in writing, against His Creditors, together with a Schedule of his debts, in the words and figures following, to wit:

To the Honorable William Murray Judge of the sixth District Court., Parish of Rapide

The petition of Imla Keep a citizen of said Parish, with respect states to your Honor That notwithstanding he has used the greatest industry and most rigid economy for years past he finds himself in consequence of his numerous losses and misfortunes in a Condition that renders it absolutely impossible for him to discharge his debts—Your petitioner further states: that the step he is about to take in making a surrender to his creditors has alone been produced by the positive belief that whilst encumbered and shakled with such a load of increasing debt in consequence of the Rapide growth of the amount by accumulating interest and Costs, that he never could by any rational exertion meet the payment his losses and the payments heretofore made having divested him of every useful means of making, save his personal exertions—Your petitioner further states that he has been placed in his present unpleasant situation of inability to pay his creditors, by misfortunes that he could not control and meeting necessary expences—such as that of having lost his most valuable slaves, after having given a large price at an unfortunate period for a plantation to employ them on, That of having given fourteen thousand dollars for a plantation—which was sacrificed for less than a third of the amt at Sheriffs sale. That of supporting my family, though not an expensive one—Yet a losing one—That of not being able to collect my debts and incurring their loss,—that of having at great expense to attend to an expensive law suit most unjustly Prosecuted against me in the state of Mississippi These together with many other causes not enumerated have produced my inability to pay my debts and force me to take that disagreeable step of calling a meeting of my creditors—To which end I have hereto annexed a schedule of my property and a list of my active and passive debts, as also a Statement of the debts, due by me, and a Statement of the losses that I have sustained—Wherefore your petitioner prays to be allowd to call a meeting of his creditors at such time and place as your Honor or the court may direct, in order that he may be enabled to lay before them a statement of his affairs and surrender them his Estate, and that in the mean time all Kind of proceedings against his Person and property be stayed—

(Signed) Imla Keep

A Schedule of debts due by Imla Keep, with their amts names of Creditors, and place of residence

Names of Creditors— amt debt place of residence

To William Smith about $1100 Parish of Rapide

" Stephen E Cuny do do

..

" G Y Kelso 40 do do

" Ferguson and Rich 300 do do

" P B Martin for notes given to David Pannile 215 13 (including cost and Int) do do

" Jesse Hudson 167 70 do do

" Sexton and Morgan 302 " do do

" Mrs Kimble about 600 " do Feliciana

" King and Beatty 600 " " Radide

" G Greeves 700 " New Orleans

" H A Bullard 600 " Par of Rapide

" Jno. Casson 75 " do do

" Kimble merchant 30 " do do

" Hynson and Wright 15 " do do

" Mrs Bacon in the hands of G Oakley Esqr 200 " do do

" Jos. S. Johnston " 300 " do do

" Chas. F Scott 80 " do do

" Estate of Doct Rippey 80 "

" Leckie and Norment 114 " do do

" James Price 700 " do do

" Jno. P landreau 20 " do do

" Buckley and Bailey .. 400 " do do

Schedule of property and debts belonging to Imla Keep

Farming Tools, plows, Hames axes etc value------------------------------------ 30.—

six head of Cows—------------------------------------------------------------------- 50.

1 saddle and Bridle--------------------------------------------------------------- 20.

Debts due

Account for protessional services against Matthew Martin------- 140

account agt. McWaters for professional services------------------------ 40

Notes in the hands of Christopher Bullard of Winchester Tennessee against Doctr Saml. Holland decd for----------------------- 1100—

Account against the Estate of Mrs Manbale deceased for----------- 80

account agt the Estate of J M Martin decd------------------------- 300

account agt the Estate of Mrs Spencer decd---------------------- 120

Due Bill against David Manbale balance-------------------------------- 30.

Statement of Losses incured by Imla Keep

In the year 1819.—

Three negroes worth (men)--------------------------------- 4000

one negro child worth-------------------------------- 100

In 1824one negro man worth______________________________ 300

By expences incured in supporting family per annum $1200 for six years ______________________________________________________ 7200

By cost, and Expences attending Law Suit-------------------------------------- 2000

By Interest on debt, due-------------------------------------------------------------- 3000

By fall of property______________________________________________ 8000

By losses incured in defending a vexatious law suit brought against me in the state of Mississippi-------------------------------------------------------- 1000

I Imla Keep do solemnly swear that the above and foregoing schedule contains a correct and faithful statement of all the property I possess, either in moveables or immovables, or in Other rights, or claims, except however the clothes and Linen to my use, and the instruments indispensable to my profession by which I make my living, and which the law authorises me to Keep—and I do further solemnly swear that the said schedule contains a correct and faithful statement of my active and passive debts, and of the looses I have experianced in my affairs, and that I have neither directly or indirectly divested anything of my property to the Injury of my creditors So help me God—

(Signed) Imla Keep

Sworn to and Subscribed before me 7th of March 1825

Benj M Stokes J. P.

On which Petition the Judge made the following order To wit; Ordered that a meeting of the creditors of the Petitioner be held before the Parish Judge of said, Parrish, on the second monday of May next to deliberate on the affairs of the petitioner, and that in the mean time all proceedings be stayed against his person and property, and untill further Order be had thereon 9th April 1825.

(Signed) W. Murray Judge

6th District

I certify that I have this day posted up at the Jail Door a notice to the Creditors of the said Imla Keep, returnable on the second monday of present month, according to Law

May 4th 1825

Wm. R. Leckie Dy Clk

And afterwards, to wit, on the 9th day of May 1825 the Parish Judge gave the following certificate to wit

Imla Keep vs His creditors

On this 9th day of May 1825 appeared at my office the said Imla Keep by Isaac Thomas his attorney, and the creditors of the said Keep failing to appear, and no opposition being made to the surrender of property by said Keep, the same is certified to the sixth District Court.

Parish of Rapide— Th. C. Scott Par Judge

State of Louisiana Parish of Rapide

I William R Leckie clerk of the sixth District and Parish Courts for the Parish and State aforesaid—Do certify the foregoing to be a true Transcript of the Record, and all the proceedings had in the case of Imla Keep vs His Creditors exising in my Office.

In Testimony whereof I have hereunto Subscribed my name and affixed the seal of Office This 20th day of March A D 1826

(Signed) Wm. R. Leckie Clk

I William Murraysole Judge of the 6th District Court for the Parish of Rapide , Do certify that William R Leckie who signed the foregoing certificate is and was at the time of so signing Clerk of said Courts, and that full faith and credit is and Ought to be given to his proceedings as such— and the same is in due form of Law—

Given under my hand and Seal This 22nd day of March A. D 1820

(Signed) W. Murray,

6th District