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)