legal notices IN?CHKK< >KEE COUNTY. ? notice of sale a Bv virtur of a deed of trust or Rllor:p'" executed by W. O. Patton B : ,vifv. Bobbie Patton to T. J. I Roberts, and Uli Abernathy trustee ^ 28:h day of April 1932, which is forded in office of Register of 1 needs f?r Cherokee County, in Deed Book X?- 90> paKe 548 or Book No. 90 (( Deeds of Trust page 548, May |;5th, 1932, to secure the debt therein I Mentioned due T. J. Roberts and the |s>d W. 0. Patton and wife, Bobbie Ifu.on, ? ?B'd instrument mentioned. Having failed to pay off and disItbargc said indebtedness, and demand I ?thy trustee, that he do sell the land B,d in paid instrument of writing B above referred to, we will on Monday flll. Central Time, offer for sale at B public outcry at the Courthouse door B j Murphy the following described B tank adjoining the lands of George I [aimer, \\. U. I'aiton anu others. Beginning on the South West cornel No. 11, as shown by the map of the [rake Land and Improvement Co. re?i?,l in Pint- Rnnk No 1 nno-o 13 CUlUcu " r?r>~ -"? uiil running East 58 poles to a pine in said line; thence N. W. 79 p. to the tnrncr of said lot; thence South to the beginning. Containing 10 acres more or less. To satisfy the indebtedness or any balance that may be due there on. that is setforth in said inttramont above referred to. Terms of sle cash. Sale made subject to con firmation as provided by law. This October 6, 1938. T. J. ROBERTS, Beneficary F.LI ABERNATHY, Trustee. (10-5t-ebn) In tin- District Court of the United Suites fur the Western District of North Carolina. No. 2. United States of America upon the relation wd for the use of the Tennessee Valley Authority, Petitioner v. George G. Whitcomb, Anna Whitcomb, his rife; Willoughby N. Whitcomb, Susie Whitcomb, his wife; Fred B. Whitfom, Alice Whitcomb, his wife; John Whitcomb: liolbert Whitcomb. Annie Whitcomb, his wife; Edith Augusta Whitcomb: Lou Bell Whitcomb Hoe, Homer Hoe, her husband; Charles K. Whitcomb, Frances Whitcomb, his wife; Martha Liberty Whittomb, a minor; May Whitcomb Wetmore, Tom Wetmore, her husband; Charles Dickey, Betty Dickey, his wife; W. F. Krickhan, M. P. Coleman, Minnie Stewiyrt., Clara Crisp, Lula Ward, Quince ,Colvar^l, Hae Colvard, widow of S. J. R. Coltard, deceased; Pauline Day, Bertha Hay, Hyra Taulbee, Decatur Colvard, I J. R. Colvard, Odin Hill, Arthur Hill, for husband Mildren (Mildred) Feelin?, Minnie Colvard, widow of Ross Colvard, deceased; J. D. Colvard, W. A. Adams* as guardian of Martha liberty Whitcomb, a minor; Lena Atkin Wert, as executrix of the estate of Dr B. S. Wert, deceased* fe?e-Hancock Company, a Corporation; Sta'.e of North Carolina, a SovState; Hamilton County, Tenl^ee, a political subdivision of the I State of Tennessee; Hamilton Natonal Bank of Chattanooga, a Corporation, as guardian of Martha Libl?ty Whitcomb, a minor; Unknown I Heirs, Devisees, Executors, AdminisI tutors, Creditors, and Successors in I Title of Cynthia Whitcomb, deceas|J? Charino A. Whitcomb, Charlie Jbitcomb and Thomas Cockerham; I Unknown Heirs of Ross Colvard, de teased; Unknown Parties in Interest, I "^Pondents. Order of Publication. I 11 the above styled cause it appeared 8 ^ the following respondents are all presidents of the State of North 1 ro'>na, and not to be found within I fir North Carolina after scarch and inauirv. and re at the addresses shown after their ,(sWctive names: George G. WhitAnna Whitcomb, his wife, B. Whitcomb, Alice Whitcomb, 1? *ife, John Whitcomb, Holbert "comb, Annie Whitcomb, his wife, Augusta Whitcomb, Charles W. I'""comb and Frances Whitcomb, Harlan, Kentucky; WillN Whitcomb and Susie Whitlu! Harriman, Tennessee; |u Whitcomb Hoe and Homer IhA?1" Middlesboro, Ken- I l*? ^art^a Liberty Whitcomb, a'' East Fourth Street. ChntI Tennessee; Mnv w-'t* The Cherokee S Wet more and Tom Wetmore, her husoand, Little River, South Carolina: Minnie Stewart, Clara Crisp and quince Colvard, Eik City, Oklahoma, ^ula Ward and Decatur Colvard, rfinita, Oklahoma; Pauline Day and Jertha Day, Carmango, Oklahoma; Myra Tauibee, 12 West Walker J Ircet, McAllister, Oklahoma; J. R. * Colvard, Afton, Oklahoma; Mildron (Mildred) Feeling. Selina, Oklahoma; Minnie Colvard, Lumberton, New Mexico; J. 1). Colvard, Whittier, California; Lena Atkin Wert, 428 James Boulevard, Signal Mountain, Tennessee; Page-Hancock Company, a corporation, 1914 McCallie Avenue, Chattanooga, Tennessee; Hamilton County, Tennessee, a political subdivision of the State of Tennessee, Chattanooga, Tennessee; Hamilton National Bank of Chattanooga, a corporation, as guardian of Martha Liberty Whitcomb, a minor, Hamilton National Bank Building, Chattanooga, Tennessee; Mae Colvard, Odtn Hil' and Arthur Hill, her husband, whose addresses are unascertained aftei diligent search and inquiry; unknown heirs, devisees, executors, administrators, creditors and successors in title of Cynthia Whitcomb, deceased, Charine A- Whitcomb, Charlie Whitcomb and Thoir.as Cockerham; unknown heirs of Ross Colvard; and all , unicnown parties in interest whose' names, ages and addresses are unas | certained after diligent search mid j inquiry are non-residents of the State of North Carolina. It is, Therefore, ordered that the above respondents appear on or before the 2 day of December, 1938, in this 'Court, sitting at Asheville, North Carolina, and then and there make answer to this I petition and assert whatever right, | title, claim, or interest they may have in the said lands herein condemned, or be forever barred. The lands af- i l'ected by this condemnation are to wit : TRACT FBR-10?A tract of | land lying in Beaverdam Township,) and also in the Fifth Civil District of | Cherokee County, State of No""tl | Carolina, on the right side of the Hiwassee River, approximately 5/8 miles east of the mouth of Beaver Dam Creek, and more particularly I described as follows: A tract of land j shown on the map of Cherokee County, State of North Carolina, as a i portion of State Survey Tracts Nos., 72, 73, 74, 75, & 77, State Survey Tract No. 76, the land lying south of and adjacent to State Survey Tract No. 77. and innro ?..!?- J ? , - ' i ?r a, . - cout, Murphy, North Car* States Power Co.; thence with the c Power Company's line N. 7? 30' E., ! 1 ?309 feet to the point of beginning J t nnd containing 362.8 acres, more oj j i .ess. TRACT FBR-1 i?A v.act of!, innd lying in Beaver Dam Township j : and also in the Fifth Civil District of l Cherokee County, Stale of Northj , Carolina, on the right side of the < lliwassee River, approximately 1 mil ( southeast of the mouth of Beaver < Dam Creek, and more particularly j described as follows: Beginning at a . point at an elevation of 1465 feet, above mean sea level, a corner of the lands of Alollie 1. Whit comb, and the ; Southern Slates Power Company (an adjoining tract), and the most southerly point of the tract herein described; thence with the Power Company's line N. 41? 00' W., 240 feet to a point at an elevation of 1465 feet above mean sea level, a corner of the lands of the Southern States Power Company (an adjoining tract), and Mollie I. Whitcomb; thence with Mollie I. Whitcomb's line and the 1465 foot contour as it meanders in a northeasterly and then southwesterly direction approximate| ly 2730 feet to the point of beginning, and containing 3-9 acres, more 01 less. TRACT FBR-12?A tract of land lying in Beaver Dam Township and also in the Fifth Civil District of Cherokee County, State of North Carolina, on the right side of the Hii wamPA KIVAIV approximately 1 V* miles southeast of the mouth ol Beaver Dam Creek, and more par? I ticularly described as follows: Beginning at a 6 inch sourwood tree at an elevation of 1465 feet above meaM sea level, a corner to the lands of the Southerrf States Power Company (an adjoining tract), and Mollie I. Whitcomb, and the most westerly point of the tract herein described; thence with Mollie I. Whitcomb's line and the 1465 foot contour as it meanders in a northerly and then easterly direction approximately 2930 feet to a stake, a corner of the I lands of the Mollie I. Whitcomb and W. G. Odom; thence with W. G. Odom's line S. 37? 00' W., 455 feet, I crossing Chambers Creek, to a 6 inch dogwood tree at an, elevation of 1465 feet above mean sea level, a corner of the lands of W. G. Odom, and Mollie I. Whitcomb; thence with Mollie I. Whitcomb's line and the 1465 foot contour as it meanders in a westerly direction approximately 1895 feet to a stake, a corner of the lands of Mollie I. Whitcomb, and the 1 Southern States Power Company (an adjoining tract); thence with the Southern States Power Company's line N. 49? 00' \V., 250 feet, crossing Chambers Creek, to the point of i beginning, and containing 19.2 acres, more or less. TRACT FBR-13?A tract of land lying in Beaver Dam Township and also in the Fifth Civil District of Cherokee County, State of I North Carolina, on the right side of the Hiwassee River, approximately 1 miles southeast of the mouth of Beaver Dam Creek, and more particularly described as follows: Beginning at a stone, a corner of the lands of W. G. Odom, and the Southern States Power Company, and the most southerly point of the tract herein described; thence with the: Southern States Power Company's line N. 49? 00' W., 785 feet to a! stake at an elevation of 1-165 feet above mean sea level; thence with the 1465 foot contour as it meanders in an easterly direction approximately 1895 feet to a 6 inch dogwood tree, a corner of the lands of the Southern States Power Company, and W. G. Odom; thence with W. G. Odom's line S. 64? 00' W-, 1225 feet to the point of beginning, and containing 15.5 acres, more , or less. TRACT FBR-355??A tract of land lying in Beaverdam Township, and also in the Fifth Civil District of Cherokee County, State of North Carolina, on the right side' of the Hiwassee River, approximately 300 feet northeast of the mouth of Beaver Dam Creek, and more particularly described as follows: A portion of ? --f 1-?1 ? ' a n OLL VI 1U11U [HCVHIUSiy (lt'scri pen and conveyed as Pre-emption No. 273, and more particularly described as follows: Beginning at a point at an elevation of 1465 feet above mean sea level and in the north line of Pre-emption No. 273, said point being S. 76?* 30' W., 35 feet from the northcast corner of Pre-emption No. 273, a corner of the land in dispute among the Southern States Power Company, Mollic I. Whitcomb and the A. N. Colvard Heirs, the land in dispute. between the Southern States Power ] Company and the A- N. Colvard Heirs, j and the land in dispute among the j Southern States Power Company, | State of North Carolina and M. P. Coleman, and the most northerly I of the tract herein described; J ?> ? i:?p land in >lina T1 lispute among: the Southern States Power Company, State of North Car)lina and M. P. Coleman, and with he 1465 foot contour as it meanders 11 a southerly direction approximatey 060 feet to a point, a corner of ho land in dispute among the State ?f North Carolina, the Southern States Power Company and M. P Coleman, the land of the Southern States Power Company, and the land hi dispute between the Southern States Powi r Company and Moilie 1 Whitcomb; thence with the line of the land in dis; ute between the Southern States Power Company and Moilie 1. Whitcoir.b S. ltP 00' E., 29c feet to a point at an elevation of 1465 feet above mean sea level, a corner of the land in dispute beIwcon c-* ..a. ? t-? . ...v uuumiciii olulvs rowel Company and Mollie I. Whitcomb, the land of the Southern States Tower Company, and the land in dispute among: the State of North Carolina, the Southern States Tower Company and M. P. Coleman; thence with the line of the land in dispute among the State of North Carolina, the Southern States Power Company and M. P. Coleman, and with the 1465 foot contour as it meanders in a northwesterly direction approximately 2990 feet to a point, a corner of the land in dispute among the State i of North Carolina, the Southern States Power Company and M. T . Colon.an, the land in dispute between thif Southern States Power Company ' and the A. N. Colvard Heirs, and the land in dispute among the Southern States Power Company, Mollie I. j Whitcomb and the A. N. Colvard , Heirs; thence with the line of the land in dispute among the Southern States Power Company, Mollie 1. Whitcomb and the A. N. Colvard Heirs N. 76? 30' E., 1560 feet to the point of beginning, and containing 13.3 acres, more or less. TRACT FBR-384?A tract of land lying in Beavcrdam Township, and also in the Fifth Civil District of Cherokee County, State of North Carolina, on the right side of the lliwassee River, approximately 1/4 mile north of the inouin ot Beaver Dam Creek, and more particularly described as follows: A tract of land shown on the map of Cherokee County, State of North Carolina, as a portion of Entry 8646, Grant No. 19, 173, and more particularly described as follows: Beginning at a stake, a corner of the land in dispute between the Southern States Power Company and Mollie I. Whitcomb, the land of the Southern States Power Company, and the land in dispute between the Southern States Power Company and Mollie IWhitcomb; thence with the line of the land in dispute between the Southern States Power Company and Mollie I. Whitcomb S. 89? 30' E., 1960 feet to a stake; thence S. 20r 30' E., 870 feet to a point at an elevation of 1465 feet above mean ser. level, a corner of the land in dispute between the Southern States Power Company and Mollie I- Whit comb, the land of the Southern States Power Company, and the land in dis pute between the Southern State? Power Company and the A. N. Colvard Heirs; thence with the line of the land in dispute between the Southern States Power Company and the A. N. Colvard Hei?*s, and the 1465 foot contour as it meanders in a southerly direction approximately 75 feet to a point; a corner of the land in dispute between the Southern States Power Company and the A. X. Colvard Heirs, and the lands of the ? Ci?i.? *- ~ u.'Uuiciu Elates rower uompany,-and Mollie I. Whitcomb; thence with Mollie I. Whilcomb's line S. 76? 30' W., 1560 feet to a point at an elevation of 1465 feet above mean sea level, a corner of the lands of Mollie I. Whitcomb, the Southern States Power Company, and the land in dispute between the Southern State? Power Company and the A. N. Colvard Heirs; thence with the line in dispute between the Southern State? J Power Company, and the A. N. Colvard Heirs, and the 1465 foot contour as it meanders in a northwes- I tcrly direction approximately 770 feet to a point; a corner of the land I in dispute between the Southern I States Power Company and the A. NColvard Heirs, the land of the Southern States Power Company, and the land in dispute between the Southern States Power Company and Mollie I. Whitcomb; thence with the line in dispute between the Southern States Power Company and Mollie I. Whitcomb N. 18? 00' W? 860 feet to the point of beginning, and containing 47-9 acres, more or less. TRACT FBR-395?A tract of land lying in Beavcrdam Township and also in the Fifth Civil District of Cherokee County, State of North Carolina, on the right side of the Hiwassee River, approximately 1/4 mile southeast of hursday, Oct. 27, 1938 !he mouth of Beaver Dam Creek, and more particularly described as follows: A portion of a tract of land previously described and conveyed as Pre-emption No. 273, aad more particularly described as follows: Beginning at a stake at the southeast corner of Preemption No. 273, a corner of the land in dispute between the Southern S ates Power Company and Mollie 1. V\ hitcomb, and the land o; Mollie 1. 1> mill the most ell.sterlv point of the tract herein described; thence with Moilie I. Whitcomb's line S. 77? 00' W-, 805 feet to a point at an elevation of 1405 feet above mean sea level, a corner of the lands of Moilie 1. Whitcomb, the Southern States Power Co., and the land in dispute among the State of Norih Carolina, the Southern States Powei Company and M. P. Coleman; thence with the line of the land in dispute among the State of North Carolina, the Southern States Power Company and M- P. Coleman, and with the 1405 foot contour as it meanders in a northerly and then an easterly direction approximately 1960 feet to a point, a corner of the land in dispute among the State of North Carolina, the Southern States Power Company and M. P. Coleman, the land of the Southern States Power Company, and the land in dispute between the Southern States Pr.-.vrr Cr.r.-.r.^r-.y r.r.? Moilie I. Whitcomb; thence with the line of the land in dispute between the Southern States Power Company and Moilie I. Whitcomb S. 10? 00' E., 550 feet to the point of beginning, and containing 10.8 acres, more or less. TRACT FBR-396?A tract of land lying in Beaverdam Township, and also in the Fifth Civil District of Cherokee County, State of North Carolina, on the right side of the Hiwassec River, approximately 1/4 mile east of the mouth of Beaver Dam Creek, and more particularly described as follows: A portion of a tract of land previously described and conveyed as Pre-emption No. 273, I and more particularly described as follows: Beginning at a point at an elevation of 14G5 feet above mean sea level and in the cast line of Preemption No. 273, said point being N^ 10? 00' W., 725 feet from a stake at the southeast corner of Pre-emption No. 273 a coiner of the land in dispute between the Southern States Power Company and Mollie 1. Whit comb, the land of the Southern States Power Company, and the land in dispute among the State of North Carolina, the Southern States Power Company, and W. P. Coleman, and the most easterly point of the tract herein described; thence with the line of the land in dispute among* the State of North Carolina, the Southern States Power Company and M. P. j Coleman and with the 1465 foot con| tour as it meanders in a westerly, northerly, and then an easterly direction approximately 565 feet to a point, a corner of the land in dispute among the State of North Carolina, the Southern States Power Co. and M. P. Coleman, the land of the Southern States Power Company, and the land in dispute between the Southern States Power Company and .Mollie I. Whit comb; thence with the line of the land in dispute between the Southern States Power Company and Mollie I. Whitcomb S. 10? 00' E., 160 feet to the point of beginning, and containing O.S acres, more or less. TRACT FBR-416?A tract of land lying in Beaverdam I ownship and also in the Fifth Civil District of Cherokee County, State of North Carolina, on the right side of the Hiwassee River, approximately 13/8 miles southeast of the mouth of Beaver Dam Creek, and more particularly described as follows: Beginning at a 6 inch dogwood tree, a corner of the lands of Mollie I. Whitcomb, the Southern States Power Co., and W. G. Odom, and the most northerly point of the tract herein de scribed; thence with W. G. Odom's line S. 38* 00' W., 282 feet to a [ stakcj thence N. oo Gu 28u feet to a stake; thence S. 38? 00" W., 690 feet to a point, a corner of the lands of W. G. Odom, and the Southern States Power Co.; thence with the Power Co.'s line N. 74? 00' W., 8X5 feet to a point, a comer of the lands of the Southern States Powor Co., and Mollie I. Whitcomb; thence with Mollie I. Whitcomb's line N. 64? 00' E? 1225 feet to the point of beginning, and containing 9.0 acres, more o<- less. It is further ordered that this notice be published once a week for four (4) consecutive weeks in the Cherokee Scout, a weekly newspaper published in Murphy, North Carolina. Done this 7 day of Oct. 1938. E. Y. WEBB, Judge. A true copy test, J. Y- Jordan, Clerk, By O. i L. McLurd, Chief Deputy Clerk. (ll-4t-tva)