PAGE FOUR THE FRANKLIN PRESS and THE HIGHLANDS MACON IAN THURSDAY, JULY 25, W35 LEGAL ADVERTISING NOTICE OF EXECUTION SALE State of North Carolina, County of Macon, In the Superior Court A. R. Higdon and R. M. Hudson, Trading as the Franklin Hardware Company, t VI W. S. Bearden. By virtue of an execution direct ed to the undersigned from the Superior Court of Macon County in the above entitled action, 1 will, on Monday, the 19th day of August, 1935( the same being the first day of the regular August term, 1935, Macon County Superior Court, at 12 o'clock noon, at the Court House door of said County, sell to the highest bidder for cash to satisfy said exe cution, all the right, title and in terest which the said W. S. Beard en, the defendant, had in the fol lowing described lands and premises on October 20, 1934, or at any time thereafter, to-wit: Lying and being in the corporate limits of the Town of Franklin, Macon County, North Carolina, oa the South side of State Highway No. 28, Beginning at an iron stake on the south side of Highway No. 28 in the West line of Johnston lot, and runs S 70 W 125 feet to a stake on the East side of High way No. 285; then S 15 E 285 feet to a stake in the branch; then down the branch with its meanders S 74 E 85 feet to a stake, the Southwest corner of Johnston lot; then with the lines of said lot N 2l2 E 231 feet to a stake, a corner of Johnston lot; then N 20 W 136 feet to the Beginning, and being the same property described in a deed from Maude Blaine et al to W. S. Bearden dated 27 September, 1934, and recorded in Deed Book W-4 page 560, Records of Macon County, North Carolina, and on which is now situated a gasoline and oil filling service station build ings and structures? This the 18th day of July, 1935. A. B. SLAGLE, Sheriff of Macon County. J25-4tc-JHS-A15 NOTICE OF SALE North Carolina, Macon County, WHEREAS, power of sale was vested in the undersigned Trustee by Deed of Trust executed by C W. RUSSELL and wife, SINDA RUSSELL dated September 18, 1931, 'and registered in the office of the Register of Deeds for Ma con County, in Record of Mortgages and and Deeds of Trust, No. 31, page SOI ; and default having been made in the payment of the in debtedness secured therebv: j - 1 will, therefore, by virtue of the power of sale in said deed of trust in me vested, on Tuesday, the 20th day of August, 1935, at 12:00 noon sell at the Courthouse door in Franklin, N. C, at public auction to the highest bidder for cash the following described property: Situated in Cowee Township, Ma con County, State of North Caro lina and described as follows: First Tract: Lying where the Morrison School house stood, Be ginning on a Spanish oak; thence West 17 rods; thence South 7 rods; more or less; then East with Raby's line 17 rods; then North 7 rods more or less to the Spanish oak at the Beginning, containing )4 acre. Second Tract: All the lands de scribed in a deed from R. F. Rog ers and Hattie Rogers to C. W. Russell dated February 21, 1927, and recorded in Book U-4, page 94, Records of Macon County. This the 20th day of July, 1935. H. R. CABE, Trustee. J25 4tp A15 NOTICE OF SALE North Carolina, Macon County. Whereas, power of sale was vest ed in the undersigned mortgagee by mortgage deed from J. E. Rice and Mrs. Florence R. Thomson to Nimmons-Adams Lumber Company, Mortgagee, dated 6th day of June, 1928, and registered in the office of Register of Deeds for Macon County, in Book of Mortgages and Deeds of Trust No. 31, page 73, to secure the payment of certain in debtedness in said Mortgage Deed set forth; and whereas, default has been made in the payment of the sum secured by said mortgage deed: I will, therefore, by virtue of the power of sale by said mortgage deed in me vested, on Monday, the 5th day of August. 1935. M 12 o'clock, noon, at the Courthouse LEGAL ADVERTISING door in Franklin, North Carolina, sell at public auction to the high est bidder for cash, the following described property: Lying and being in the Town of Highland, State of North Caro lina, and Dcing the same lands de scribed, in a deed from W. E. Mosely and p. E. Vinson to O. W. Dill, dated the 6th day of November, 1917, and being lot No. 229, on Main Street in the Town of Highlands, North Carolina, and being the same land described in a deed recorded in Book A-4, page 298, Register of Deeds office, Ma con County, North Carolina; and in the Deed of Trust from O. W. Dills to J. F. Ray, Trustee, regis tered in Book No. 22, page 545, Register of Deeds office, Macon County, North Carolina. To all of which deed reference is hereby given for a more definite description ; and the calls of' which is made a part and parcel of this deed. Thi's 3rd day of July, 1935. Nimmons-Adams Lumber Co., Mortgagee. Jlyll 4tc JSeJ Al ADMINISTRATOR'S NOTICE Having qualified as administrator of Sam Cunningham, deceased, late of Macon County, N. C, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned on or before the 8th day of July, 1936, or this notice will be plead in bar of their recovery. All peri sons indebted to said estate will please make immediate settlement. This 8th day ofUuly, 1935. ROY R. CUNNINGHAM, Administrator. Jll-6tc A15 , EXECUTOR'S NOTICE Having qualified as executor of John L. Cabe, deceased, late of Macon County, N. C, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned on or before the 11th day of July, 1936, or this notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement. This 11th day of July, 1935. MELL CABE, Executor. Jll 6tp A15 EXECUTOR'S NOTICE Having qualified as executor of W. A. Cunningham, deceased, late of Macon County, N. C, this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned on or before the 18th day of July, 1936, or this notice will be plead in bar of tHfeir recovery. All per sons indebted to said estate will please make immediate settlement Ihis 18th day of July, 1935, J. W. Cunningham, Executor. J18 6tp-A22 NOTICE OF ACTION BY PUBLI CATION OF SUMMONS. In the District Court of the United States of America for the Western Dis trict of North Carolina Asheville Division at Law No. 311. United States of America, Petitioner, v. 2,922.72 acres of land in Cherokee, Jackson and Macon Counties, .North Carolina. TO: B. W. Baker; R. Y. McAden, Jr; Mary Lacy McAden; H. C. J, Pearson and wife; Oscar Hickey; Lena Corn; M. Beavers and wife; B. M. McCall; Chas. West and wife; Mrs. J. W. Walk er; Ruth P. Walker; Mrs. R. L. Monteith; Ab. Conley; Claude B. Burgess; Mattie Burgess; Dollie Owens McCall; Emory McCall; Ar thur Owens; Itta Owens; National Bank of Grand Haven; Elizabeth N. Dongle and husband; Ada A. Durif; George M. Durif; Edna M. Koelble; Alphonse G. Koelble; Ma con County Land Co. Martha J. O'Connor; C. H. Rexford; Greta Rexford; W. A. Rexford and wife; Cora E. Snyder; Tioga County Sav ings & Trust Co; Lura L. Vaughn and spouse; Whitewater River Lumber Co; Goodyear Tire and Rubber Co; U. S. Fidelity & Guar anty Co; the East Tennessee Nat'l Bank; Mahota Horn Sutton; E. B. Sutton; Tennessee-North Carolina Power Co; G. N. Carland; Cassie McCall Bryson; J. E. Coburn; Mrs. D. S. Russell; Mrs. John H. Dil lard; Mrs. Frankie Maxwell; J. Z. Rose and wife; Mrs. Maggie Angel; M. E. Dobson; A. W. Donaldson; A. N. Colvard; L. M. Hamby and wife; Margaret Donaldson; Mrs. Annie Allen Johnson; M. A. Hick ey and wife; L. M. Hickey; Wil liam Kirkland; David S. Lender man; Mary T. McAdam; Virginia George Meband McCrary; Dr. Bon ier Y. Mebane; Mary C. Mebane; Nannie G. Neal; Bennie V. Stron ach; Virginia B. Swepson; Sallie W. Wiggins and children; T. P. omack; W. Addington; Adeline LEGAL ADVERTISING Addington ; Octavia Addington ; B. C. Garland and wife; G. M. Gar land; L. B. Garland; Dollie Owens McCall; George M. Adams; Homer C. Baldwin; R. B. Eskridge; Mary George; Macon County Land Co; John C. Mathews; Johnson McCall and wife;R. P. McCall; Harvey L. Perry; John Milton Unthank; Har vey P. Wyman; C. D. Blenton; C Brewster Chapman and wife; So phia E. Davis; W. A. Fowler and wife; Z. T. Fowler and wife; S. T. Graves; Henry Koons; E. H. Mc Crosley; Charles C Miller and wife; William O'Connor ; William F. O'Rouke; Charles H. Rexford; . H. Simmons; E. F. Watson and wife; Albert B. Voorhis; Thomas Voorhis; J. H. Watson and wife; J, Moody; J. R. Lindsay; Bennie V. McAden; C. T. McAden; Giles M. McAden; James T. McAden; Rufus Y. McAden; Joe Mos'teller; Nantahala Gorge Properties Inc; Nantahala Power Co; John J. Phil lips; W. T. Whitaker; Ann L. Artz and husband; John Artz and wife; Mary J. Artz and husband; A. J. Burns; Joseph H Davis and wife; W. M. McClure; Acquidius Nalt ner; S. C. Pierce Company; Frank Waldo ; Leonard Waldo ; Mrs. Mar garet Wells; J, S. Dills and wife; Catherine Holbrooks; James W. Holland; Caswell L. Walker; R. N. Archer and wife; Mary A. Bragg; M. E. Cozad; N. S. Cozad; David C. Lenderman; Officers and Stock holders of Lilly Lumber Co; J. C. Colvard; F. M. Hamby and wife: E. B. Olmstead: J. L. Rose and wife; Ella Curtis; Tule Curtis; George Williamson Curtis; Hanni bal Curtis; Jess Curtis; Johnathan Bird Curtis; Robert Curtis; W. B. Dobson and wife ; Mrs. O. W. Don aldson; Mary Donaldson; Emily Curtis Grahl; Anna Howard; bailie Keener; Ham Norns; James U Conley; Elizabeth Curtis Sanders; Tim Sprinkles; Mary Curtis Wat kins; Homer C. Baldwin; N. A Conley; D. M. Conley; O. L. Con ley; 1. J. Conley; W. A. Conley; William C. Conley; Elizabeth Don aldson; William Garland; J. O. Hanson; A. W. Horn; W. T. Con eley; Elizabeth Curtis; John Spen cer Curtis; Josiah Askew Curtis; Lizzie Curtis; Moses Hightower Curtis; Washington Lafayette Cur tis ; J. W. Dobson ; Sarah E. How ard; E. S. Johnson; Annie Curtis Norris; W. M. Wright; William McMillian; William H. Morrow; Harold Taylor Jr; A. L. Cabe; Carolina Provision Co; Mrs. S. F. McCall; Mrs. Hester Ferguson; J. M. Keener & wife; Mrs. C D. Houston; Joseph Dick and wife; Woodbury Mauney Lumber Co; Nancey Conley; S. P. Ravenal and wife; J. G. Janson; Ruth Conley; Terry Bland Allwood; Dorothy Da vison; Charlotte Thomas McAden; and all persons whomsoever who have, or claim to own, any estates or interests in the fee or otherwise in and to the premises described in the petition filed in this cause and described in this notice, and any and all heirs and devisees of the several parties above named, whose names and addresses are unknown, and all and singular their heirs, husbands, wives, devisees, exec utors, administrators, representa tives, alienees, successors and as signs, of each and every of them; and all unknown owners, lienors, or claimants, having, or claiming to have, any right, title, estate, equity, interest or lien ; and all occupants, lessees, users, holders and owners of and claimants to any rights or easement or prescription in, over, across, or through, said lands, or any part thereof; YOU WILL PLEASE TAKE NOTICE: That an action entitled as above has been commenced in the District Court of the United States for the Western District of North Carolina, at Ashe ville, N. C, that summons has been duly issued out of said Court, and petition filed therein asking for the condemnation of certain lands de scribed in the said petition and hereinafter described ; that you, and each of you, are necessary and proper parties to the just and final disposition of this action. That said action has been instituted by the United States for the Western Dis trict of North Carolina, on behalf of the United States, for the con demnation of said lands described in the petition in said proceeding, said lands to be appropriated, con demned and taken, pursuant to the provisions of the Act of Congress of August 1, 1888, (25 Stat. 357, 40 U. S. C. A., 257, 258, and 258-a); That the lands proposed to be condemned and appropriated by the plaintiff United States are describ ed substantially as follows: No. 1. Claude B. Burgess Tract. All that tract of land containing according to survey 192. acres, designated by the National' Forest Service as Tract No. 730, Cherokee Unit, Cher okee County, Beaverdam Township, in District No. 5, adjoining the lands of N. C. J. Pearson and others, and more particularly de scribed in an option to convey to the United States dated March 13, 1934, and in the petition filed here in. No. 2. S. J. Corn Tract. All that tract of land containing ac cording to survey 49. acres, desig nated by the National Forest Ser- LEGAL ADVERTISING vice as tract No. 1403, Nantahala Unit, Macon County, North Caro lina, situate, lying and being on the waters of Mud and Middle Creek, in Flats Township, Macon County, North Carolina, adjoining the lands of Inez Smart, United States Na tional Forest and others, and more particularly described in an option to convey to the -United States, dated September 7, 1933, and in the petition filed herein. No. 3. J. M. Davis Tract. All that tract of land containing according to survey 82.4 acres, designated by the National Forest Service as Tract No. 529, Cherokee Unit, Cherokee County, North Carolina, situate, lying and being on the waters of Hiawa&see River, in Beaverdam township, Dis trict No. 5, adjoining the lands of Manual Beavers, and J. W. Rollen and others, and more particularly described in an option to convey to the United States, dated October 19, 1933, and in the petition filed here in. No. 4. R. Y. McAden Estate Tracts. All those tracts of land containing according to survey 1007.7 acres, designated by the Na tional Forest Service as Tracts Nos. 238, 238-1, 238a-I, Nantahala and Cherokee Units, Cherokee and Ma con Counties, North Carolina, sit uate, lying and being on the waters of Valley River in Valley township, adjoining the lands of Mrs. Emma Watson, Mrs. Mamie A. Rogers, Andrews Manufacturing Company, J. T. Young, United States Nation al Forest, and others, and more particularly described in art option to convey to the United States, dat ed May 30, 1934, and in the petition filed herein. No. 5. Mrs. Dollie Mc Call Tract. All that tract of land containing according to survey 35.52 acres, designated by the National Forest Service as Tract No. 1070, Nantahala Unit, Macon County, North Carolina, situate, lying and being on the waters of Clerk Creek, adjoining the lands of T. M. Bry son, McCall Heirs, Neely and oth ers, and more particularly described in an option to convey -to the Unit ed States dated April 19, 1932, and in the petition filed herein. No. 6. Herman McCall lract. All that tract of land containing according to survey 52.8 acres, designated by the National Forest Service as Tract No. 185, Nantahala Unit, Jackson County, North Carolina, situate, lying and being on the waters of Fowler Creek, in Cash iers township, adjoining the lands of O'Conner Heirs, United States National Forest and others, and more particularly described in an option to convey to the United States dated May 4, 1934, and in the petition filed herein. No. 7. Merchants and Manufacturers Bank Tracts. All those tracts of land containing according to survey 1234.1 acres, designated by the Na tional Forest Service as Tract Nos. 148, 148-a, 148-1, 148-11, Nantahala Unit, Cherokee County, North Car olina, situate, lying and being on the waters of Webbs Creek, Hol land Creek and Sweatheifer Creek, adjoining the lands of N, & M. Bank of Andrews, North Carolina, Andrews Watershed, G. Walker heirs, Doc McHaffey,' Colvin Moo dy, Jim Payne and others, and more particularly described in an option to convey to the United States dated March 7, 1934, and in the petition filed herein. No. 8. R. L. Monteith Tract. All that tract of land containing according to sur vey 50. acres, designated by the National Forest Service as Tract No. 1446, Nantahala Unit, Macon County, North Carolina, situate, ly ing and being on the waters o'. Walnut creek, Sugar Fork Town ship, adjoining the lands of W. A. Keener, Amos Mashburn, United States Forest Service and others, and more particularly described in an option to convey to the United States dated October 5, 1933, and in the petition filed herein. No. 9. D. L. Payne Tracts. All those tracts of land containing according to sur vey 37.6 acres, designated by the National Forest Service as Tract No. 543, Cherokee Unit, Cherokee County, North Carolina, situate, ly ing and being on the waters of Gibson Creek, Beaver Dam Town ship, adjoining the lands of Mary Jane Payne, J. L. Keith and Len derman Heirs and others, and more particularly described in an option to convey to the United States, dated December 14, 1933, and in the petition filed herein. No. 10. J. W. Rollan Tract. All that tract of land containing according to survey 107.2 acres, designated by the Na tional Forest Service as Tract No. 528, Cherokee Unit, Cherokee Coun ty, North Carolina, situate, lying and being on the waters of Hia wassee River, Beaverdam Township, adjoining the lands of Lester Tay lor, Tennessee-North Carolina Pow er Company, M. Beavers, United States Forest Service and others, and more particularly described in an option to convey to the United States, dated December 14, 1933, and in the petition filed herein. No. 11. W. C. Ledbetter Tracts. All those tracts of land containing ac cording to survey 74.4 acres, desig nated by the National Forest Ser vice as Tracts No. S-48, and No. S-48-1, Nantahala Unit, Macon Coun LEGAL ADVERTISING ty, North Carolina, situate, lying and being on the waters of Evans Creek, a tributary of Tessentee Creek, about 24 miles North of Otto, North Carolina, adjoining the lands of W. S. Conley heirs, Nancy Conley, Sam Picklesimer, G. N. Cabe, United States National For est, and others, and more partic ularly described in an option dated March 20, 1934, and in the petitipn filed herein. You and each of you are hereby notified to be and ap pear at the office of the Clerk of the United States District Court for the Western District of North Carolina, in the United States Courthouse Building at Asheville, Buncombe County, North Carolina, not later than ten (10) days from and after the completion of service of this summons by publication for four (4) successive weeks, and ans wer or demur to the petition or complaint herein filed by the above named petitioners in the office of the said Clerk, and you are fur ther notified that if you fail to ap pear and answer or demur to the said petition or complaint within the time specified, the petitioner will apply to. the Court for the re lief demanded in said petition. Wit ness, the Honorable E. Y. Webb, Judge of the District Court for the Western District of North Carolina, this the 25 day of Juno 1935. J. Y. Jordan, Clerk, By: W. A. Lytle, Deputy Clerk. Attested: J. Y. Jor dan, Clerk. By: W. A. Lytle, Dep uty Clerk. Jly4 4tc Jly25 FRANKLIN SHOE SHOP SAYS WE ARE STILL MENDING SHOES When your soles twist And your heels bruise Get orj the list We'll mend your shoes. FRANKLIN SHOE SHOP Opposite Courthouse "We Buy and Sell" Box 212 Troy F. Horn RHEUMATISM RELIEVE PAIN IN 9 MINUTES To relieve the torturing pain of Rheuma tism, Neuritis, Neuralgia or Lumbago, in 9 minutes, get the Doctor's Prescription NURITO. Absolutely safe. No opiates, no narcotics. Does the work Quickly and must relieve your pain. in nir.e minutei or money back at Druggistd. Duu't suffer. Use NURITO today. 6omethingHa$ Been Done) About the Weather by the Southern Railway System Air-conditioned Pullman Cart and Southern Dining Can art now in service t Travel to Cool. Quiet. Delightful Comfort free from Dust Smoke and Cinders ... A miracle de velopment of temperature eon trol for the convenience of the traveling public 2 Cents per Mile-15 Day Limit 2V2 Cents per Mile-6 Months Until Tickets honored in sleeping and parlor cars on payment oi proper charges lot space occupied . ... no surcharge One Way Coach Fare Vzc Per Mile Lv. Asheville 6:40 p. m Ar. Cincinnati 8:10 a. m Ar. Chicago 2:15 p. m Lv. Asheville 5:00 p. m Ar. Washington 6:50 a. m Ar. New York 12:59 a. m For fares, sleeping car reservations and other travel information, call or write: R. H. DEBUTTS, Asst. General Passenger Agent