i _ ? " \ legal notices .0i;rII CAROLINA,? UiiKROKKE COUNTY. notice of sale [>v virtue of a deed of trust or .. ,o_:,ve executed by \V. O. Patton !wife. Bobbie Patton to T. J. * Roberts. and Eli Abernathy trustee 2!>;Ii day of April 1932, which is J I(corded in office of Register ot ( Deeds for Cherokee County, in Deed Book N" 90, page 548 or Book No. 90 J ,f Deeds of Trust page 548, May , , jth, 1932, to secure the debt therein Mentioned <lue T- J- Roberts and the 1 <aui W. O. Patton and wife, Bobbie ' ration, in said instrument mentioned, , having failed to pay off and dischaig'' said indebtedness, and demand ' raving been made on said Eli Aber- * r.athv trustee, that he do sell the land J hereinafter described and as describf4 in said instrument of writing ' ihove referred to, we will on Monday November "th, 1938, at 10 o'clock A. Central Time, offer for sale at j public outcry at the Courthouse door in Murphy the following described lands adjoining the lands of George I aimer. \\ O. Failun and others. Beginning on iiie Soutii Yv'esi. corn-! 0i No. 11. as shown by the map of the Duke Land and Improvement Co. reconk d in Plat Book No. 1. page 13, and running East 58 poles to a pine in said line; thence N. W. 79 p. to the , corner "f said lot; thence South to the beginning. Containing 1C acres , more or less. To satisfy the indebtedness or any balance that may be due there on, that is set forth in said inftrumt nt above referred to. Terms of sale cash. Sale made subject to con , firma'ion as provided by law. r This October 6, 1938. i T. J. ROBERTS, Beneficary ELI ABERKATHY, Trustee. (10-5t-ebn) In the District Court of the Unit- , ed States for the Western District . of North Carolina. No. 2. United i States of America upon the relation and for the use of the Tennessee Valley Authority, Petitioner v. George G. Whitconib, Anna Whitcomb, his wife; Willoughby N. Whitcomb, Susie Whitcomb, his wife; Fred B. Whit- , rom, Alice Whitcomb, his wife; John . Whitcomb; Holbert Whitcomb, Annie ; Whitcomb, his wife; Edith Augusta Whitcomb; Lou Bell Whitcomb Iloe, Homer Hoe, her husband; Charles , W. Whiicomb, Frances Whitcomb, his wife; Martha Liberty Whitcomb, a minor; May Whitcomb Wetmore, Toip Wetmore, her husband; Charles Dickey, Betty Dickey, his wife; W. F. Krickhan, M. P. Coleman, Minnie Stewiyt, Clara Crisp, Lulu Ward, Quince ,CoWard, Mae Colvard, widow of S. J. R- Col\ard, deceased; Pauline Day, Bertha Day, Myra Taulbee, Decatur Colvard, J. R. Colvard, Odin Hill, Arthur Hill, her husband Mildren (Mildred) Feeling, 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: Page-Hancock Company, a Corporation; State of North Carolina, a Sovereign State; Hamilton County, Tennessee, a political subdivision of the State of Tennessee; Hamilton National Bank of Chattanooga, a Corporation. as guardian of Martha Liberty Whitcomb, a minor; Unknown Heirs, Devisees, Executors, Administrators, Creditors, and Successors in Title of Cynthia Whitcomb, deceased, Charine A. Whitcomb, Charlie whitcomb and Thomas Cockerham; Unknown Heirs of Ross Colvard, deceased; Unknown Parties in Interest, Respondents. Order of Publication, h the above styled cause it appeared hat the following respondents are all "on-resiUerts of the State of North Carolina, and not to be found within | M foe State of North Carolina after Qiligent search and inquiry, and re ' at the addresses shown after their w resP?ctive names: George G. Whit Comb, Anna Whitcomb, his wife, 1?| B. Whitcomb, Alice Whitcomb, r'|; wife, .John Whitcomb, Holbert I Wtcomb, Annie Whitcomb, his wife, I Augusta Whitcomb, Charles W. ^ bitcomb and Frances Whitcomb, S 's wife, Harlan, Kentucky; WillI ,u&hby x Whitcomb and Susie WhitM ^mb, his wife, Harriman. Tennessee; H tt Bell Whitcomb Hoe and Homei 9 her husband, Middlesboro, Ken I J?Martha Liberty Whitcomb, n I lIU'r? :?10 East Fourth Street, ChatH ^ooga, Tennessee; May Whitcomb 1 The Cherokee A'etmore and Tom Wetmore. her hus/ami, Little River, South Carolina: Uinnie Stewait, Clara Crisp and Quince Colvard, Elk City, Oklahoma, .ulu Ward and Decatur Colvard, Tinita, Oklahoma; Pauline Day and Sertha Day, Carmango, Oklahoma; Viyra Taulbee, 12 West Walker itreet. McAllister, Oklahoma; J. R. "olvard, Aftoh, Oklahoma; .Vlildren ^Mildred) heeling, Sehna, Oklahoma; Viinnie Colvard, Lumberton, New Vlexic- ; J. D. Colvard, Whittierj alifornia; Lena Atkin Welt, 42?i lames Boulevard, Signal Mountain, Tennessee; Page-Hancock Company] l corporation, 1911 McCallie Avenue, Chattanooga, Tennessee; Hamilton Jaunty, Tennessee, a political subdivision of the State of Tennessee hattanooga, Tennessee; Hamilton National Bank of Chattanooga, a corporation, as guardian of Martha Lib rty Whitcomb, a minor, Hamilton Na ional Bank Building, Chattanooga Tennessee; Mae Colvard, Odin Hil uid Arthur Hill, her husbami, whost lddrcsses arc unascertained aftei liligent search and inquiry; unknown leirs, devisees, executors, adminis rators, creditors and successors ii :itle of Cynthia Whitcomb, deceased pharine A- Whitcomb, Charlie Whit :oitid ana i nomas uockcrham; ur. known heirs of Ross Colvard; and al unknown parties in interest who.* names, ages and addresses are una: certained after diligent search am inquiry are non-residents of the Stat uf North Carolina. It is. Therefore ordered that the above respondent appear on or before the 2 day o December, 1938, in this Court, sittiiij it Ashevilie, North Carolina, am then and there make answer to tin petition and assert whatever righl title, claim, or interest they may hav in the said lands herein condemnec or be forever barred. The lands ai fected by this condemnation are t wit: TRACT FBR-10?A tract o land lying in Bcaverdam To\vn*hij und also in the Fifth Civil District o Cherokee County, State of No~t Carolina, on the right side of th Miwassee River, approximately 5 miles east of the mouth of Beave Dam Creek, and more particularl described as follows: A tract of lan shown on the map of Cherokee Cour ty. State of North Carolina, as portion of State Survey Tracts Noi 72, 73, 74, 75, & 77, State Surve Tract No. 76, the land lying south o and adjacent to State Survey Tra< No. 77, and more particularly di scribed as follows: Beginning at stake at the northwest corner c State Survey Tract No- 76, a come to the lands of the Southern State Power Company, and the most nortl crly point of the tract herein descrit ed; thence with the Power Company line S. 84* 30' E., 1705 feet to point; thence S. 79? 30' E., (345 fee to a stake, a corner of the lands c the Southern States Power Company and the Mark Hose Heirs; thence wit the Mark Hose Heirs' line S. 84 31 E., 1800 feet to a stone, a cornc of the lands of the Mark Rose Heir and A. W. Chambers; thence with \V. Chambers' line S. 85J 00' E., 12 feet to a stone; thence S. 6' 00' \V 725 feet to a 2 inch sourwood trc at the top of a ridge, a corner of th lands of A. W- Chambers, and Gei W. Hall; thence with Geo. W. Hall line, and with the top of the ridg as it meanders in a southwesterly d lection approximately 1340 feet to a 18 inch Spanish oak tree; thence coi tinuing with the ridge as it meandei in a southerly direction approximate ly 1060 feet to a 36 inch black oa tree; thence, leaving the ridge, I 53? 00' E., 275 feet to a stake, corner of the lands of Geo. W. Hal and W. G. Odom; thence with Odom line S. 37? 00' W., 1210 feet to stake at an elevation of 1465 fe< above mean sea level, a corner of th lands of W. G. Odom, and the Soutl ern States Power Company; thenc with the Southern States Power Con pany's line, and with the 1465 foe contour as it meanders in a westei ly direction approximately 2930 fee to a b inch sourwood tree; thence J> 41? 00' W., 1139 feet to a point s an elevation of 1465 feet above mea sea level; thence with the 1465 foe contour as it meanders in a nortl easterly and then in a southwesterl direction approximately 2730 feet t a point; thence N. 41* 00' W., 72 feet to a 3o inch black oak tree, corner of the land of the Souther States Power Company, and the lan in dispute between Mollie I. Whit comb and the Southern States Powc Company; thence with the line c the land in dispute between Mollie ! Whitcomb and the Southern State Power Company N". 4? 00' E., 166 feet to a stake, a corner of the lan in dispute between Mollie I. Whil comb and the Southern States Powc Co., and the land of the Souther] Scout, Murphy, North Car< States Power Co.; ther.ee with the | du Power Conrpany's line X. 7 30' E.,| IV 1300 feet to the point of beginning j oli and containing 302-8 acres, mote oi j th less. TRACT FBK-11?A r.act of ; m land lying in Beaver Dam Town.-hip i * j and also in the Fifth Civil District of ^ . Cherokee County, Sta e ??1 North ^ Carolina, on the right side of tm IHiwa.-see River, approximately 1 mil l ( southeast of the mouth of Beaver Dam Creek, ami more particularly jn described as follows: Beginning at a point at an elevation of 1405 feet. ^ above mean sea level, a corner of the lands of Mollic [. Whitcomb, and the g, Southern States Power Company (an 1 adjoining tract), and the most south- ft erly point of the tract herein de- p scribed; thence with the Power c, 1 C ompany's line X. 41 00' W., 24n feet to a point at an elevation of ? 1465 feet above mean sea level, a t! corner of the lands of the Southern p ' States Power Company (an adjoining p 1 tract), and Mollie I. Whitcomb; jj thence with Mollie I. Whitcomb's line p and the 1465 foot contour as it v 1 meanders in a northeasterly and then a southwesterly direction approximate- t 1 ly 2730 feet to the point of beginning, a ? and containing 3-9 acres, more oi \ less. TRACT FBR-12?A tract of , land lying in Beaver Dam Township \ 1 and also in the Fifth Civil District t e of Cherokee County, State of North , Carolina, on the right side of the Hi- < wasseo River. nrmroximatelv 1 Va ( r. : ~ - nun s soutneast <>i the moutn 01 t '? Beaver Dam Creek, and more particularly described as follows: Be 1 ginning at a 6 inch sourwood tree at '? an elevation of 1465 feet above mea'i * sea level, a corner to the lands 01 s the Southerrf States Power Companj * (an adjoining tract), and Mollie 1. Whitcomb, and the rr.ost westerly ( point of the tract herein described: thence with Mollie I. Whitcomb's line ? ! and the 14G5 foot contour as it ^ meanders in a northerly and then easterly direction approximately 1 2030 feet to a stake, a corner of the | * 1 lands of the Mollie I. Whitcomb, and l'i W. G. Odom; thence with \V. G. ^ J Odom's line S. 37* 00' W.t 455 feet, I ' crossing Chambers Creek, to a 0 , y inch dogwood tree at arv elevation of , 1465 feet above mean sea level, a | l" corner of the lands of W. G. Odom, a and Molli" I. Whitcomb; thence with Mollie I. Whitcomb's line and the y 14G5 foot contour as it meanders in II a westerly direction approximately ' 1895 feet to a stake, a corner of the lands of Mollie I. Whitcomb, and the 3 Southern States Power Company (an adjoining tract); thence with the 1 Southern States Power Company'.s line N- 49? 00' W., 250 feet, cross l" ing Chambers Creek, to the point of ]' beginning, and containing 19.2 acres. s more or less. TRACT FBU-13?A a tract of land lying in Beaver Dam Township and also in the Fifth Civil i District of Cherokee Countv. State of I North Carolina, on the right side of h the Hiwassee River, approximately ^ 1 miles southeast of the mouth of ' Beaver Dam Creek, and more partis* cularly described as follows: Be^ ginning at a stone, a corner of the * lands of W. G. Odom, and the South ? ern States Power Company, and the v most' southerly point of the tract 'e herein described; thence with the j n- Southern States Power Company's; line N. 49' 00' W., 785 feet to a 'e s'ake at an elevation of 1165 feet i- above mean sea level; thence with n the 1465 foot contour as it meanders in an easterly direction approximators ly 1895 feet to a 6 inch dogwood &- tree, a corner of the lands of the lit Southern States Power Company, and 5 \V. G. Odom; thence with W. G. a Odom's line S. 64? 00' W., 1225 feet 11, to the point of beginning, and con's taining 15.5 acres, more or less, a TRACT FBR-355?A tract of land ii lying in Beaverdam Township, and le also in the Fifth Civil District of i- Cherokee County, State of North :e Carolina, on the right side of the l- Hiwassee River, approximately 300 )t feet northeast of the mouth of Beavr er Dam Creek, and more particularly ;t described as follows: A portion of 4- a tract oi land previously described it and conveyed as Pre-emption No. n 273, and more particularly described. >t as follows: Beginning: at a point at i- an elevation of 1465 feet above mean y sea level and in the north line of ,o Pre-emption No. 273, said point being 1 5 S. 76" 30' W., 35 feet from the northa east corner of Pre-emption No. 273. n a corner of the land in dispute among: d the Southern States Power Company, < t- Mollie I. Whitcomb and the A. N\ t Colvard Heirs, the land in dispute < if between the Southern States Power [. Company and the A- N. Colvard Heirs, >?. and the land in dispute among the 5 Southern States Power Company, ' d State of North Carolina and T P. t. Coleman, and the most northerly j r point of the tract herein described; ' n thence with the line of the land in olina : ipute among: the Southern States \ve?* Company, State of North Carina and M. IV Coleman, and with e 1.05 foot contour as it meanders \ a southerly direction approximate- ! titiO feet to a point, a corner of ! e land in dispute amon? the Stan North Carolina, the Southern ates Power Company anil M. 1* jl*. man, the land of tla Southern .ates 1'owi i Company, and the land dispute between the Southern a rower Company and Mollie I "hitcomb; theree with the line of ie land in dis ute between the outhern States Power Company anil [ollie 1. Whitcoa.b S. 10 00' K., 29a et to a point at an elevation of 405 feet above mean sea level, a >rner of the land in dispute beveen the Southern States Powei ompany and Mollie I. Whitcomb, :i" land of the Southern States ower Company, and the land in disute among the State of North Caroiia, the Southern States Power Comany and M. P. Coleman; thence rith the line of the land in dispute mong the State of North Carolina, he Southern States Power Company nd M P. Coleman, and with the 465 foot contour as it meanders in a lOrthwesterly direction approximatcy 2990 feet to a point, a corner of he land in dispute among the State >f North Carolina, the Southern states Power Company and M. P. lolen.an. the land in dispute between .ho Southern States Power Company ?nd the A. X. Colvard Heirs, and the and in dispute among the Southern States Power Company, Mollie I. IVhitcomb and the A. N- Colvard Heirs; thence with the line of the and in dispute among the Southern States Power Company, Mollie 1 A hitcomb and the A. N. Colvard Heirs N. 76? 30' K-. 1560 feet to thi aoint of beginning, and containing 13.3 acres, more or less. TRACT FBR-384?A tract of land lying ii Beaverdam Township, and also ir the Fifth Civil District of Cherokee County, State of North Carolina, oi the right side of the Hiwassee River approximately 1 4 mile north of th? mouth of Beaver Dam Creek, an< more particularly described as fol lows: A tract of land shown on the map of Cherokee County, State o: North Carolina, as a portion of Kntr; 8646, Grant No. 19, 173, and mor particularly described as follows Beginning at a stake, a corner of th land in dispute between the South ern States Power Company and Molli T. Whitcomb, the land of the South ern States Power Company, and i!? land in dispute between the Sou then States Power Company and Mollie 1 VVhitcomb; thence with the line o the land in dispute between th Southern States Power Company an Mollie I. Whitcomb S. K9' 30' E I960 feet to a stake; thence S. 20 30' E., 870 feet to a point at a: elevation of 1465 feet above meai sea level, a corner of the land in dis pute between the Southern State Power Company and Mollie I- Whit comb, the land of the Southern Slate Power Company, and the land in di> pute between the Southern State Power Company and the A. N. Coi vard Heirs; thence with the line o the land in dispute between th Southern States Power Company an the A. N. Colvard Heirs, and th 14G5 foot contour as it. meanders i a southerly direction approximate] 75 feet to a point; a corner of th land in dispute between the Souther States Power Company and the A. N Colvard Heirs, and the lands of th Southern States Power Company, an Mollie I. Whitcomb; thence wit Mollie I. Whitcomb's line S. 76? 3( W., 1560 feet to a point at an elevi tion of 1465 feet above mean se level, a corner of the lands of Molli I. Whitcomb, the Southern State Power Company, and the land in dii pute between the Southern State Tower Company and the A. N. Col vard Heirs; thence with the line ii dispute between the Southern State Power Company, and the A. N. Col l if-:? 1 it- ? * vmu nuirs, ana me ?40D loot con tour as it meanders in a northwes terly direction approximately 771 feet to a point; a corner of the lam in dispute between the Southeri States Power Company and the A. N Colvard Heirs, the land of the South ern States Power Company, and th< land in dispute between the Southeri States Power Company and Mollie I Whitcomb; thence with the line ii dispute between the Southern State: Power Company and Mollie I. Whit comb N. 18? 00' W., 860 feet to th? !?oint of bcpinninp. and containing 17-9 acres, more or less. TRACT F'BR-395?A tract of land lyinp ii Bcaverdam Township and also in tht Fifth Civil District of Cherokee Coun !v. State of North Carolina, on th< ripht side of the Hiwassee River, ap pi oximately 1/4 mile southeast o Thursday, Nov. 3, 1938. the niouth 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, aaJ more particularly described as follow >: Beginning a* a sake at the southeast corner of Preemption No. 27o. a corner of the land in dispute between the Southern Slates Power Company and Mollie 1. Whitcomb, and the land of Mollie 1. \\ hitcomh, and the most easterly point of the tract herein described; thence with Mollie I. Whitcomb's line S. 77 00' W-, 805 feet to a point at an elevation of 1 105 feet above mean sea level, a corner of the lands of j Mollie 1. Whi;comb, the Southern States Power Co., and the land in dispute among the State of North Carolina, the Southern States Powet ( onipany and M. P. Coleman; thence with the line of the land in dispute among the State of North Carolina, the Southern States Power Company end M- P. Coleman, and with the 1465 loot contour as it meanders in a northerly and then an easterly direction approximately I960 feet to a point, a coiner of the land in dispute among the State of North Carolina, the Southern States Power Company and M. I*. Coleman, the land of the Southern States Power Company, and the land in dispute between the Southern States Power Company and Mollie 1. Whitcomb; thence with the I iin.< of the land in dispute between the Southern States Power Company and Mollie I. Whitcomb S. 10 00' K-. 550 feet to the point of beginning, and containing 10.8 acres, more or less. TRACT FBR-396?A tract of hind lying in Beaverdatn Township, and also in the Fifth Civil District of I Cherokee County. State of North J Carolina, on the l ight side of the r liiwassec River, approximately 1 4 mile east of the mouth of Beaver > Dam Creek, and more particularly j described as follows: A portion of . a tract of land previously described j 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 east line of Pre, I e.mption No. 273, said point being NI 10 00' W., 725 feet from a stake at .. the southeast cornel* of Pre-emption t. No. 273 a corner of the land in dispute between the Southern States ( Power Company and Mollie I. Whit h comb, the land of the Southern State.-. c Power Company, and the land in disi pute among the State of North Car! olina, the Southern States Power ii Company, and W. 1*. Coleman, and . the most easterly point of the tract f herein described; thence with the L, ? line of the land in dismiti* nmmio- tu.. J State of North Carolina, the Southern 11 States Power Company and M. P. r Coleman and with the 1405 foot conn tour as it meanders in a westerly. n northerly, and then an easterly direc . tion approximately 565 feet to a 5 point, a corner of the land in dispute among the State of North C'ar6 olina, the Southern States Power Co. 5. and M. P. Coleman, the land of the j, Southern States Power Company, and l_ the land in dispute between the f Southern States Power Company and e Mollie I. Whitcomb; thence with the (j line of the land in dispute between e the Southern States Power Company n and Mollie I. Whitcomb S. 10" 00' y E., 160 feet to the point of begine ning, and containing 0.8 acres, more r or less. TRACT FBR-416?A tract of land lying in Beaverdam Townc ship and also in the Fifth Civil Dis(j trict of Cherokee County, State of V, North Carolina, on the right side of y the Hiwassee River, approximately 13/8 miles southeast of the mouth a of Beaver Dam Creek, and more pa*-e ticularly described as follows: Be,s ginning at a 6 inch dogwood tree, a v corner of the lands of Mollie I. Whit,s comb, the Southern States Power Co., [_ and W. G. Odom, and the most northn erly point of the tract herein de? scribed; thence with W. G. Odom's line S. 38' 00' W., 282 feet to a stake: thonr*?> M 00' r 00^ * - Ci., -ow 1 t't'l . ] to a stake; thence S. 38' 00' W? ij I 690 feet to a point, a corner of 'ho j lands of W. G. Odom, and the South, ern States Power Co.; thence with the Power Co.'s line N. 74? 00' W., 815 feet to a point, a corner of the j lands of the Southern States Power 1 Co., and Mollic I. Whitcomb; thence with Mollie I. Whiteomb's line N. 64? , 00' E., 1225 feet to the point of be, Rinninpr, and containing 9.0 acres. . more or less. It is further ordered that this notice be published once a , week for four (4) consecutive weeks C in the Cherokee Scout, a weekly news, paper published in Murphy. Xorth . Carolina. Done this 7 day of Oct. 1938. E. V. WEBB, Judpe. A true s copy test, J. Y. Jordan, Clerk, F>y O. il? McLurd, Chief Deputy Clerk. (1 l-4t-tva)

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