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
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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.
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System
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t
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