North Carolina Newspapers

PAGE FOUR LEGAL ADVERTISING NOTICE OF SALE UNDER EXECUTION North Carolina, Macon County. The Bank of Franklin, vs J. W. Brendle, C. L. Ingram and Alex Moore. By virtue of an execution direct ed to the undersigned Sheriff by the Superior Court of Macon Coun ty in the above entitled action, I will, on Monday, the first day of July, 1935, at 12 o'clock noon at the Courthouse door at Franklin, Macon County, North Carolina, sell to the highest bidder at public auc tion for cash, to satisfy said exe cution, all the right, title and in terest which the said Alex Moore had in the lands hereinafter de scribed on the date of the judg ment, as entitled above, or any time thereafter : First Tract: Lots Numbers 15, 16 and 17, Block No. 4, and lots numbers 32 and 33 in Block No. 3 in a tract or parcel of land in Macon County, North Carolina, known as the Bonny Crest annex to the Town of Franklin, as sur veyed by D. Conger, reference here by had to said map as recorded in Book B-3, records of Macon County, pages 70 and 71 for fuller and more particular description of the lot hereby conveyed. Second Tract: Lot No 15 in Block No. 3 in a tract of land in Macon County, North Carolina, known as the Lyman Field, as sur veyed and platted by W. B. Mc Guire, reference being hereby had to said map as recorded in Book 1-3, records of Macon County, North Carolina, pages 56 and 57 for a fuller and more particular description of the land and lot hereby conveyed. Third Tract: In the town of Franklin on the Georgia Highway. Beginning at an iron rod, L. C. Higdon's Southeast corner in T. W. Porter's line, same being the Southeast corner of lot sold by T. W. Porter to L. C. Higdon, and runs with T. W. Porter's line Ni 872 W 18 poles to an iron rod on the East bank of the Georgia road, the Southwest corner of L. C. Hig don lot; thence with the East bank of Georgia road N 18 E 150 feet to an iron rod on the East bank of said road; thence S 8754 E, the same being parallel and 150 feet from the first line of this tract, 230 feet to an iron rod in T. W. Porter's line; then South with said line 150 feet to the beginning. Be ing the same land conveyed to Ed gar W. Allfather by L. C. Higdon and wife, Frances Higdon, by deed dated April 14, 1924, which said deed is duly recorded in the office of the Register of Deeds for Ma con County, North Carolina, in deed book K-4, page 145, to which ref erence is hereby made for further purposes of description. Fourth Tract. Beginning at a stake on the East side of the Georgia road, Alex Moore's North west corner, and runs thence S 87 E with Moore's line 18 poles to a stake, Moore's corner; thence North 30 feet to a stake, Allfather's Southeast corner and T. W. Por ter's Southwest corner; thence N 87J4 W with Allfather's line 18 poles to a stake on the East bank of the Georgia road, South 18 West 30 feet to the beginning. Being the same land conveyed to E. W. All father by T. W. Porter and wife, Leona Porter, by deed dated May 3, 1924, which said deed is duly recorded in the office of the Reg ister of Deeds for Macon County, North Carolina, in Deed Book K-4, page 146, to which reference is hereby made for further purposes of description. Fifth Tract: Beginning at a stake at the intersection of Cross Street and Main Street in the Town of Franklin, runs with the East side of Cross Street 50 feet in a Southerly direction to a stake ; then Easterly and a parallel course with Main Street 100 feet to a stake; then a Northerly direction and a parallel course with Cross Street to a stake on the South side of Main Street to the beginning, and being the same tract of land deed ed by J. A. Palmer and wife to J. A. Porter. Sixth Tract: Beginning on .the right-of-way of the Tallulah Falls Railway, which is 50 feet from the center of the track of the Main line and the Southeast corner of said George H. Bidwell's lot de scribed in a deed from said Sam L. Rogers and Mamie Rogers dat ed this dav (Jan. 2, 1909) and runs with the line of said right-of-way S 25 . F 50 feet to a stake; thenre S WA W 80 feet to a stake; LEGAL ADVERTISING then N 50 feet to a stake; thence N 64J4 E so as to run with the said lot of the said George Bidwell 70 feet to the beginning. Seventh Tract: In and near the Town of Franklin. Beginning at a stake on the Iotla Road, or street corner of the Poindexter lands, now owned by J. E. Hurst and the W. A. McConnell and H. G. Trotter tan yard tract, and runs with Mrs. M. A. Love's line N 5 E 60 poles to a stake with 2 white oak wit nesses, in J. T. Moore's line ; then with said Moore's line S 85 21 poles and 5 links to a stake on the West bank of the Iotla Road; then with said road S 32 E 22 poles; then S 8 W. 7 poles and 16 links; then S 39 W 7 poles and 13 links; then S 54 W 35 poles and 8 links to the beginning. Containing 5 acres, more or less. The title of the said Alex Moore in the lands hereinbefore describ ed has been divested from the said Alex Moore since the date of the rendition of the judgment as en titled as above, and, therefore, no homestead has been allotted to the said Alex Moore under the afore said. This 29th day of May, 1935. A. B. SLAGLE, Sheriff of Macon County. J6-4tc-BofF-J27 NOTICE OF SALE OF REAL ESTATE North Carolina, Macon County. Under and by virtue of the pow er and authority contained in that certain deed of trust executed by James H. Vinson, to the undersign ed trustee, which said deed of trust is dated January 1, 1934, and re corded in Book 32, at page 571, of the Macon County Registry, de fault having been made in the pay ment of the indebtedness thereby secured and in the conditions there in secured, the undersigned trustee, will on Monday, July 1, 1935, at or about twelve o'clock Noon, at the courthouse door at Franklin, North Carolina, offer for sale and sell to the highest bidder for cash the following described property: All that certain piece, parcel or tract of land containing one hun dred and seventy (170) acres, to be the same more or less, situate, ly ing and being on the Tessenta Road, about two and one-half (2l2) miles almost East from thej town of Otto, in Smith Bridge Township, Macon County, State of North Carolina, having such shapes, metes, courses and distances as will more fully appear by reference to a plat thereof made by W. N. Sloan, Surveyor, in March 1926, and attached to the abstract now on file with the Atlantic Joint Stock Land Bank of Raleigh, the same being bounded on the North by the lands of the United States Gov ernment and M. B. Norton; on the East by the lands of M. B. Norton and W. H. Patterson; on the South by the lands of S. C. Conley; 1 and on the West by the lands of. S. C. Conley, and being the identi-l cal tract of land conveyed by deed, from the Central Loan and Trust Company, a corporation, to J. T. Vinson, by deed dated 22nd day of October 1924, which said deed is duly recorded in the office of the Register of Deeds for Macon Coun ty, State of North Carolina, in book of deeds J-4, at page 369, to which reference is made for a more complete description of the same. Terms of sale cash and trustee will require deposit of 10 of the amount of the bid as his evidence of good faith. This the 31st day of May, 1935. JOSEPH L. COCKERHAM, Trustee. Robert Weinstein, Attorney, Raleigh, N. C. J64tc-J27 NOTICE OF SALE North Carolina, Macon County. J. M. Keener vs -C. E. Crisp and J. B. Bryson Under and by virtue of an execu tion issued to the undersigned bv the Clerk of the Superior Court of Macon County in the above en- limn iwc, x win un uic isi uay ui July, 1935. at 12 o'clock M. at the Courthouse door of said County, sell to the highest bidder for cash to satisfy said execution, the fol lowing described real estate to-wit: In Ellijay Township, Macon Coun ty, North Carolina, and bounded on the North by the lands of C. B. Bryson; on the South by the lands of J. T. Bryson; and on the East THE FRANKLIN PRESS and THE HIGHLANDS LEGAL ADVERTISING and the West by the lands of the same parties. This the 31st day of May, 1935. A. B. SLAGLE, Sheriff of Macon County. j6-4tc-JFR-J27 NOTICE QF SALE UNDER EXECUTION North Carolina, Mason County. The Bank of Franklin vs John S. Trotter, et al By virtue of an execution direct ed to the undersigned Sheriff by the Superior Court of Macon Coun ty, North Carolina, in the above entitled action, I will, on Monday, the 1st day of July, 1935, at 12 o'clock noon at the Court House door at Franklin, North Carolina, sell to the highest bidder at public auction for cash, to satisfy said execution, all the right, title and interest of John S. Trotter in the following described real estate: "First Tract: Beginning at the Northeast corner of the Alex Moore lot in the Town of Franklin, North Carolina, on the South side of Main Street in the Town of Frank lin, North Carolina, being bounded on the North by East Main Street; on the East by the L. A. AWen lot; on the South by Palmer Street and on the West by the lot for merly owned by Alex Moore, part of which is now owned by the United States Government. Except therefrom the second tract herein after described. Second Tract: Beginning at the Northeast corner of the Alex Moore lot, now owned by the United States Government, runs Northeast with the South side of Main Street 43 feet; then Southward, parallel to the West boundary line of the Alex Moore lot (now owned by the Town of Franklin and the United States Government) to the North side of Palmer Street; then with the North side of Palmer Street to the Southeast corner of the Alex Moore lot hereinafter re ferred to; then Northward with the East boundary line of the Alex Moore lot to the Beginning. Third Tract: In the Town of Franklin on the South side of Pal mer Street, being bounded on the North by Palmer : Street ; on the East by the old Palmer lot; on the South by the lands of R. M. Cof fey, and on the West by the Pen land lot. ' Excepting such parts thereof as have heretofore been sold. Fourth Tract: All the lands de scribed in a deed from C. L. In gram, Sheriff of Macon County, to John S. Trotter, said deed bearing date of 17 March, 1927, and regis tered in the office of Register of Deeds for Macon County, in Book P-4 of Deeds, page 164. Fifth Tract: Lots 2 and 3 in block No. 2 of a sub-division in the Town of Franklin, known as Bonny Crest, as surveyed and map ped by D. Conger August, 1908, which map is recorded in the office of Register of Deeds for Macon County in Book B-3 of Deeds, page 70. Also all the lands described in a certain deed of trust executed by John S. Trotter and wife, Ada Burnette Trotter, to J. L. Barnard, Trustee, dated 5 July, 1927, and registered in the office of Register of Deeds for Macon County, in Book P-4 of Deeds, page 255, which are described in the five tracts hereinbefore described. This the 30th day of May, 1935. A. B. SLAGLE, Sheriff of Macon County. J6-tc-BofF-J27 NOTICE OF SALE North Carolina, Maoon County. WHEREAS, power of sale was vested in the undersigned Trustee by virtue of a deed of trust made, executed and delivered by John Thomas and wife, L. A. Thomas, to the undersigned Trustee on the 10th day of July, 1931, said deed of trust being registered in the Of fice of Register of Deeds for Ma con County in Record of Mort gages and Deeds of Trust No. 32, at page 273, to secure certain in debtedness in said deed of trust set forth; and whereas, default has been made in the payment of said indebtedness and the owner of the same has made demand upon the undersigned Trustee to execute the power of sale: I will, therefore, on Monday, the 17th day of June, 1935, at 12 o'clock noon at thecourthouse door in Franklin, Macon County, North Carolina, sell at public auc- MACON1AN LEGAL ADVERTISING tion to the highest bidder for cash the following described property : First Tract : All the lands de scribed in a deed from S. L. Rog ers and wife to John H. Thomas, said deed bearing date of January 1, 1909, and registered in the of fice of Register of Deeds for Ma con County in Book C df Deeds, page 449. Second Tract : All the lands de scribed in a deed from T. J. Ritchie and wife, Ada, to John H. Thomas, said deed bearing date of Novem ber 1, 1915, and registered in the office of the Register of Deeds for Macon County in Book X-3 of Deeds, page 69. Except from this tract a part heretofore sold off. This the 16th day of May, 1935. GILMER A. JONES, Trustee. M23-4tc-J&J-J13 NOTICE OF SALE State of North Carolina, County of Macon. George Carpenter, Plaintiff, vs. J. F. Fuggett and wife, Pearl Fug gett, and all other persons, firms and corporations claiming any in terest in the subject-matter of this action, defendants. Pursuant to a judgment entered in the above entitled civil action on the 20th day of May, 1935, in the Superior Court of said County by the Clerk. I will, on the 1st dav of July, 1935, at 12 o'clock noon at the County Courthouse door in said County, sell at public auction to the highest bidder therefor the following described lands, situated in said County and State, in rranklm Township. Macon County. and described as follows: First Tract: All the land de scribed in a deed from Zeb Car penter to J. F. Fuggett. dated De cember 19, 1928, and recorded in the Office of Register of Deeds for Macon County, North Carolina, in Book of Deeds 0-4, page 582. second Tract: All the land de scribed in a deed from Mrs. LeKa Gibson to J. F. Fuggett and Pearl Fuggett, dated January 19, 1929, and recorded in the office of Reg ister of Deeds for Macon County! North Carolina, in Book of Deeds Q-4, page 17. Third Tract:. All the land de scribed in a deed from,R. C. Ga brels and wife, Laura H. Gabrels, to J. F. Fuggett and Pearl Fueeett. dated September 3, 1929, and re corded in the Office of Register of Deeds for Macon County, in Book of Deeds Q-3, page 187. This the 23rd day of May, 1935. R. S. TONES, Commissioner. j6-4tc-J&J-J27 NOTICE OF SALE North Carolina, Macon County. Whereas, power of sale was vest ed in the undersigned Trustee by deed of trust from J. D. Stiles to G. A. Jones, Trustee, dated 27 June, 1931, and registered in the office of the Register of Deeds for Ma con County, in Book of Mortgages and Deeds of Trust No. 32, page 269, to secure the payment of cer tain indebtedness in said deed of trust set forth, and the holders of said notes having requested the undersigned trustee to exercise the power vested in him by said deed of trust: I will, therefore, by virtue of the power of sale by said deed of trust in me vested, on Friday, the 5th day of July, 1935, at 12 o'clock, noon at the Courthouse door in Franklin, North Carolina, sell at public auction to the highest bid der for cash, the following describ ed property : All the lands described in a mort gage from J. D. Stiles, widower, to the Federal Land Bank of Colum bia, said mortgage bearing date of May 8, 1926, and recorded in the office of Register of Deeds for Macon County May, 1926, in Fed eral Mortgage Record Book 2, page 146, said lands being more par ticularly described as follows : MOUNTAIN TRACT: All that certain lot, tract or parcel of land containing 85.5 acres, more or less, located, lying and being in Smith- bridge Township, County of Ma con, State of North Carolina, being bounded on the North by the lands of R. M. Stiles; On the East by the lands of Carey Vanhook; On the South by the lands of United States Government, and on the West by the lands of United States Government, and having such shapes, metes, courses and distanc es as will more fully appear by reference to a plat therefore made by W. N. Sloan, Surveyor, March THURSDAY, JUNE 13, 1935 T1" LEGAL ADVERTISING 26, 1926, a copy of which plat is on file with the Federal Land Bank of Columbia. HOME TRACT: All that cer tain lot, tract or parcel of land containing 58 acres, mote or less, located, lying and being in Smith bridge Township, County of Ma con, State of North Carolina, be ing bounded on the North by the lands of William Holbrook; On the East by the lands of Dolph Greg ory; On the South by the lands of R. L. Hoglan, and on the West by the lands of R. L. Hoglan, and having such shape, metes, courses and distances as will more fully appear by reference to a plat thereof made by W. N. Sloan, Sur veyor, March 26, 1926, a copy to which plat is on file with the Fed eral Land Bank of Columbia. This 4th day. of June, 1935. G. A JONES, Trustee. J13-4tc J&J Jly4 NOTICE OF SALE State of North Carolina, County of Macon, In the .Superior Court J. B. Justice, Administrator of the Estate of Perry Hyatt and the Bank of Franklin. vs W. L. McCoy, Ada McCoy, J. Frank Ray, Trustee, and the Ada McCoy Holding Corporation, and in the matter of Henry G. Robinson, Trus tee. By virtue of judgment of the Su perior Court of Macon County, en tered by his Honor J. A. Rousseau, Judge at the April term 1935 of Macon County Superior Court, I will on Monday, the 17th day of June, 1935, at 12:00 o'clock, noon, and at the Court House door in the Town of Franklin, County of Macon, State of North Carolina, sell at Public Auction for cash, to the highest bidder, the following described tract of land : Lying and being in the Town of Franklin, Macon County, North Carolina; bounded on the North by Main Street, on the East by the property formerly known as the Potts and Higdon lot and land of Porter and Higdon, on the South by lands of Porter and Higdon, and on the West by lands of Porter and Hig don and Leach and McPhearson; and the same land described in a Deed of Trust in Book No. 26, Page 164, in office of Register of Deeds for Macon County and in a deed from Effie Love Powers and husband, R. M. Powers, to W. L. McCoy, dated the 8th day of June, 1921, and recorded in Book F-4, Page 570, in the office of Register of Deeds for Macon County, to which deeds as recorded, reference is hereby made and had for a more definite description of land to be sold. Said sale will be made subject to , confirmation of the Superior Court of Macon County in Term time. This the 13th day of May, 1935. GEO. DEAN, Receiver. M16-5tc-GDJ13 1 NOTICE North Carolina, Macon County. In the .Superior Court. The Federal Land Bank of Colum bia, vs J. C. Strong and wife, Maria Strong, et al. The defendants, J. C. Strong, Ma ria Strong, Thomas M. Grist, Hel ena Grist, the American Agricul tural Chemical Company, W. R. Brown and Myers Dry Goods Com pany, take notice that an action, as above entitled, has been com menced in the Superior Court of Macon County, North Carolina, to the end that the plaintiff may foreclose a mortgage covering lands in which the above named defendants have an interest, and the above named defendants will take notice that they are required to appear within thirty days in the office of the Clerk of the Superior Court of Macon County, North Carolina, and answer or demur to the complaint in said action, or the plaintiff will apply to the Court for the relief demanded in said complaint. This the 18th day of May, 1935. HARLEY R. CABE, Clerk Superior Courtt Macon County, North Carolina. M23-4tc-J&J-J13 When jailers went to release Abin Fleischman at the end of his sen tence in Johannesburg, South Afri ca, jail, he was found hanging dead in his cell.