PAGE TEN
THE FRANKLIN PRESS AND THE HIGHLANDS MACONIAN
THURSDAY. DEC. 17,,
LEGAL ADVERTISING
NOTICE OF SALE
North Carolina,
Macon County.
J. D. Franks., Administrator of
Ellen S. Franks, Deceased.
Vs:
MLnnie Powers, widow; Mattie
Higdon; Mack Higdon; Jessie Mur
ray; G. W. Murray; J. D. Franks
and wife, Fannie Mae Franks;
Mack Franks .and 'wife, Pearl
Franks; Mattie Will Byrne and
husband, Cecil Byrne; Inez Ros-
zell and husband, Leander Roszell;
Catherine Henry and husband, F.
L. Henry, Jr.., and Margaret Franks.
By virtue of power of sale con
ferred on the undersigned .as Com
missioner of court by Judgment
entered in the above entitled pro
ceeding, ,I will on Monday, the 11th
day of January, 1937, at 12 o’clock
M. at the courthouse door in the
town of Franklin and County of
Macon, sell to the highest bidder
the following described property:
First Tract: Deed dated the 9th
day of April, 1925. William F. Curtis
et al, heirs at law of W. A. Curtis
by their .attorney in fact, Henry G.
Robinson, to E. H. Franks and
wife, Ellen S. Franks, recorded in
Book J-4, page 479, office of the
Register of Deeds, Macon County,
North Carolina, and more partic-
ulary known as Lot No. 16 of the
lands comprising the estate of the
late W. A. Curtis as appears in
the plat thereof made by E. L.
Allen, surveyor, and recorded in
the office of the Register of Deeds,
Macon County, in Book of Plats
and M.aps No. 1, page 7, to which
reference is had for a more defi
nite description.
Deed dated the 9th day of April,
■1925, by William F. Curtis, et al,
heirs at law of W. A. Curtis, by
their attorney iin fact, Henry G.
Robinson, to E. H. Franks and
wife, Ellen S. Franks, recorded in
Book L-4, page 4, records of Macon
County, lying and being in Macon
County, North Carolina, and more
particularly known as Lot No. 17
of the lands comprising the estate
of the late W. A. Curtis., as ap
pears on plat Or map thereof, made
by R. L. Alten, surveyor, and re
corded in office of the Register of
Deeds, Macon County, in Book of
Plats and Maps No. 1, page 7, to
which reference is made for a more
full description and the estimated
value thereof is $1,000.00.
Second Tract: Two lots or parcels
of land known as Lots No. 5 and
No. 6 in Block 2, in tract of land
in Macon County known as the
Lyman Field property, surveyed
and mapped by W. B. McGuire,
reference being hereby made to
same maps so recorded in Book
1-3, pages 56 .and 57, Records of
Macon County, for a more full de
scription of the land and lots to
be sold. Also described in deed
from Sam L. Franks and wife,
Eloise G. Franks to E. H. Franks
and wife, Ellen S. Franks, dated
the 11th day of January, 1913, and
recorded in Book 0-3, page 258,
Records of Macon County, North
Carolina, and the estimated value
thereof is $150.00.
Terms of sale, one-third cash,
one-third in six months and one-
third in twelve months, with in
terest on deferred payments; de
ferred payments to be secured by
deeds of trust on the property.
This the 7th day of December,
1936.
J. D. FRANKS,
Commissioner.
DIO—5tc—JDF—J7
NOTICE OF SALE
IN THE SUPERIOR COURT
North Carolinia,
Macon County.
Macon County, North Carolina
vs.
Eugene Brooks, Frank Grant and
Walter C. Cogswell, and heirs of
Eugene D. Brooks, Frank Grant
and Walter C. Cogswell, and all
other persons, Firms or Corpora
tions claiming any interest in the
subject matter of this action.
Under and by virtue of a judg
ment entered in the above entitled
proceedings by the Clerk of the
Superior Court of Macon County,
North Carolina, the undersigned
will, on the 4th day of January,
1937, at the courthouse door in the
Town of Franklin, North Carolina,
at 12 M. o’clock, sell to the high
est bidder for cash the following
described tracts of land, to-wit:
Being the land described in a
deed from the American Corundum
Company to Eugene D. Brooks,
Frank Grant and Walter C Cogs-
LEGAL ADVERTISING
well, of date trie 1st day of May,
1903, and of record in Deed Book
UU at page 496, Office of the
Register of Deeds for Macon
County, North Carolina, consisting
of 180 acres.
Second Tract; Being the mineral
interest in and to a tract of land
described in a deed from T. B.
Higdon and wife, Lula Higdon, to
Frank Grant, W. C. Cogswell and
E. D. Brooks, of date the 23rd day
of November, 1906, and of record
in Deed Book ZZ, page 552, Office
of the Register of Deeds for Macon
County, North Carolina.
This the 3.0th day of November,
1936.
J. FRANK RAY,
Commissioner
D10-4tc—D31
NOTICE OF SALE
IN THE SUPERIOR COURT
North Carolina,
Maoon County.
Macon County
vs.’
Martary V. McConnell, H. K. Rus
sell and wife, Russell, K.
W. Russell, and wife, Edna Russell,
Fred Russell, Lina R.ussell, Margie
Russell Dills and husband, Arthur
Dills, Thaddie Russell and wife,
Edith Russell.
Under and by virtue of a judg
ment entered in the above entitled
proceedings by the Clerk of the
Superior Court of Macon County,
North Carolina, the undersigned
will, on the 4th day of January
1937, at the courthouse door in the
Town of Franklin, North Carolina,
at 12 M. o’clock, sell to the high
est bidder for cash the following
described tracts of land, to wit:
First Tract: I'n Macon County,
North Carolina, on- the waters of
Sugarfork River, and bounded as
follows, BEGINNING at a white
oak in D. C. Cunningham’s line
near the house, runs south 30 west
31 poles to .a post oak; south 65
west 22 poles to. a iblack oak; south
5 west 18 poles to a post oak;
south 52 east 18 poles to a Spanish
oak on top of a ridge; north 60
east 26 poles -to the BEGINNING,
containing five (5) acres and 92
poles.
Second Tract; In Ellijay Town
ship, Macon County, North Carolinia,
bounded as follows;
BEGINNING at a white oak near
a small branch, runs south 19 'east
40 poles to a small black oak;
south 5 west 19 ■ poles ■ to- a post
oak, an old corner of sections No.
47 and 49; south 45 east 30 poles
to a stake; north 43 east 41 poles
to a Spanish oak; north 60 east 27
poles to a large white oak; north
30 west 31 poles to a post oak;
south 60 west 25 poles to a black
oak; north 23 west 58 poles to a
post oak; south 76 w.est 38 poles to
a black oak near the school house;
south 2\Y2 36 poles to the begin
ning, containing 20 acres more ■ or
less.
This the 30th day of November,
1936.
J. FRANK RAY,
Commissioner
D10-4tc—D31
NOTICE OF SALE
IN THE SUPERIOR COURT
North Carolina,
Maoon County.
Macon County, North Carolina,
Plaintiff.
vs.
Lizzie Estes, widow, Alonzo Estes
and wife, Mollie Estes, Oscar Estes,
and wife, Estes, Eva Sut
ton and husband. General Sutton,
Mamie Early and husband, John
Early, Alice Thompson and hus
band, Wilfred Thompson, Selma
Holland, H. C. Holland, Jesse
Estes and wife, Maude Estes, Wiley
Estes and wife, Edna Estes., Rob
ert Estes and wife, Willie Mae
Estes, America Stanfield and hus
band, David Stanfield, Don Estes,
Wayne Estes and Lloy Estes,
Minors, Defendants.
Under .and by virtue of a judg
ment entered in the above entitled
proceedings by the Clerk of the
Superior Court of Macon County,
North Carolina, the undersigned
will, on the 4th day ol January,
1937, at the courthouse door in the
Town of Franklin, North Carolina,
at 12 M. o’clock, sell to the high
est bidder ' for cash the following
described tracts of land, to-wit;
BEGINNING at .a stone on the
West bank of the Sugarfork River,
the corner of numbers 45, 44, 21
and the beginning corner of No. 22,
in District No. 12, and runs down
LEGAL ADVERTISING
the river with Us meanders 96
poles to a rock on the East bank
of 'the river, then with the line of
No 45, N. 65 E. 60 poles to a
stone,, S. 15 E. 80 poles to a stone
on top of a ridge, then down the
ridge S. 43 W. 15 poles to a rock
and pointers, So. 63 W. 10 poles
to a black oak; So. 60 W. 28 poles
to a post oak; So. Al^i W. 78
p,oles to a large rock on the bank
of the river; down the river with
its meanders to the beginning, con
taining 76 acres, more or less, be
ing the same land conveyed to A.
W. Jacobs' by R. A. Jacobs and
wife, by deed of date May 2, 1888,
in Deed Book X, page 333, Office
of the Register of Deeds..
This the 30th day of Noyember,
1936.
J. FRANK RAY,
Commissioner
DIO—4tc—OS'!
NOTICE OF FORECLOSURE
SALE
North Caii'olina,
Macon County.
Under and by virtue of the au
thority conferred by a deed of
trust executed by James L. Hauser,
dated the 15th day of August, 1925,
and recorded in Book 30, at page
373, in the office of the Register
of Deeds for M.acon County, North
Carolina, I will, at 12 o’clock noon,
^londay, December 21, 1936, at the
courthouse door of Macon County,
in Franklin, North Carolina, sell
at public auction, to the highest
bidder, for cash, the following land,
to-wit:
Lots Nos. 47, 48 and 49 in the
J. S. Trotter property on the Geor
gia road, as surveyed and platted
by E. L. Allen, Engineer, July 12,
1925, and recorded in the Office of
Register of Deeds for Macon
County, in Plat Book No.. 1, page 13.
This sale is made on account of
default in the payment of the in
debtedness secured by said deed of
trust.
This the 19th day of November,
1936.
GILMER A. JONES, Trustee
N26^tc—D17
LEGAL ADVERTISING
In the District Court of the United
States of America for the Western
District of North Carolina. Ashe
ville Division. At Law No. 385.
United States of America v. 551.90
acres of land in Clay and Macon
Counties, North Carolina, W. T.
Latham, et al. Notice of Action by
Publication of Summons. To; O. L.
Anderson; Haywood Realty Co;
wife of R. R. Mullikin; C. L. Pat
ton and wife; J. T. Patton; C. E.
Wood and wife; Randolph McGuire
Bulgin; Hanover National Bank;
Charles Ward; Max Palm; Rein
hold Palm; Carolina Mountains
Realty Corporation; J. A. Esses;
Emoline Holden; Mrs. M. M. Kim-
sey; John Kimsey; W. O. McGib-
ony. Trustee; J. L. Smathers Com
pany ; unknown creditors of Ed. T.
Shearer; J. A. Esses; R. G. Ket-
' ron; Otto Hermann; Theodore
Palm; A. J. Patton; Amelia Hollis
ter Rockwell and husband, if any;
C. W. Slagle; M. D. Ashe; W. M.
Kelly and wife; G. R. P.atto,n;
Erwin Patton;. Tallassee Power Co;
W. A. Parker and' wife; Louise
Plonk and husband, T. M; The
Land Bank Commissioner; Augusta
Palm; Otto Palm, Jr; M. C. Cald
well and wife, Elizabeth; Kate
Shearer Eller and husband; Chas.
Heaton and wife; Flora Hollister;
V. O. Kimsey and wife, Emma L;
M. R. Love and wife, if any; Ma
rion Passmore and wife; unknown
devisees of Otto Palm; Andrew
Barnard; Riley Jones and wife;
Emma C. Martin; W. A. Parker
.and wife, Laura; Mamie Slagle
Patton; Archble Rogers; Ed T.
Sheaver; Alfred P. P.arker; and all
persons whomsoever who have, or
claim to own any estates or inter
ests in the fee or otherwise in and
to the premises described in the
petition filed in this cause and de
scribed in this notice., and any .and
all heirs and devisees of the sever
al parties above named, whose
names and addresses are unknown,
and all and singular their heirs,
husbands, wives, devisees, executors,
.administrators., representatives alie
nees, successors and assigns, 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, hold-,
ers and owners of and claimants to
any rights or easement or prescrip
tion in, over,. across, ot through
said lands, or any part thereof;
you will please take notice that an
actio,n 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 the lands describ
ed in the said petition and hereui-
after described, that you, and each
of you, are necessary and proper
parties to the just .and final dispo
sition of this action; that said .ac
tion has been instituted by the
United States Attorney for the
Western District of North C.aio-
lina for the purpose of appropria
tion and condemnation by judicial
process, for the public use and ben
efit of the United States of Amer
ica, of the lands described in said
petition and herein below described
under and by virtue of the provis
ions of the Weeks Law, Act of
Congress of March 1, 1911, Chap.
186 (39 Stat. 961) Title 16, Sections
513, 521, 553, and 563 of U. S. C. A.,
and according to the method and
procedure prescribed in the Act of
Congress of August 1, 1888 (25
Statutes 357 (40 U. S. C. A., Sec
tions 257, 258 and 258-a) ; that the
lands proposed to be condemned
and appropriated by the plaintiff
United States are de^scribed sub
stantially as follows; Tract No. 222,
la, apparent and presumptive own
er being W. T. Latham co,ntaining
according to survey 551.90 .a.cres,
situated in Macon and Clay Coun
ties, North Carolina, on the waters
of Buck Creek, a tributary of Nan-
tahala Riv.er, more particularly de
scribed by metes and bounds in Ex
hibit “A” of the petition and upon
map or plat Marked “Exhibit “B”,
of the petition, .attached to said
petition in said proceeding filed
with the Clerk of this Court at
Asheville, N. C; you and each of
you are hereby notified to be and
appear at the office of the Clerk
of the United States District Court
for the Western District of North
Carolina, in the United States Court
house Building at Asheville, Bun
combe County, N. C., not later
than ten (10) days from and after
the completion of service of this
summons by publication for four
(4) successive weeks, and answer or
demur to the petition or complaint
herein filed by the above named
petitioner in the office of the said
Clerk, and you are further notified
that if you fail to appear and ans
wer or demur to the said petition
or complaint within the time speci
fied the petitioner will apply to the
Court for the relief demanded in
said petition; witness the Honor
able E. Y. Webb, Judge of the Dis
trict Court for the Western Dis
trict of North Carolina, this the iU
day of December, 1936, and the
year of our Independence the 161st.
J. Y. Jordan Clerk, By; O. L. Mc-
Lurd, Chief Deputy Clerk.
D17-^tc—J7
In the District court of the United
States of America for the Western
District of North Carolina. Ashe
ville Division. At Law No. 384.
United States of America v. 1,705:50
acres of land in Macon County,
North Carolina, C. F. Moody, et al.
Notice of Action by Publication 01
Summons. To ; Department of Con
servation .and Development of North
Carolina; Alden Howell, J r. and
wife; Wade Marr; Ed Shepherd;
B. G. Gibson and wife; Betty Wig
gins; Clarcy Cloer; Wade Henry;
W. A. Holbrooks; Thomas John
son; wife of John B. Raby; W. H.
Windley; Dessie Jones; wife of
Willi W. Wiggins; Bessie Cloer;
Iva Lee Cloer; Lilly Cloer; Cath
erine Davis and husband; J. M.
Mason; A. E. Weaver; The Fed
eral Land Bank.of Columbia; J. M.
Pitcher and wife, Vernie E; Burr
E. Coburn and wife, Bertha; Boyd
Sutton, Executor; Emily F. Allison
and husband, O. M. Allison; Rob
ert Brown and wife, Danie; R.
Caler; Central Bank & Trust Co;
G. M. Dalton .and, wife, Artie; Flor
ida Investment Co; Resign Haney,
and husband, I. B; W. H. Higdon
& Co Leonidas S. Mitchell, Trus
tee; Francis Osborne and wife;
Raby, wife of A. P. Raby;
,Frank A. Rogers and wife; Nancy
Tallent .and husband, W. J; A. J.
Ward .and wife, Callie; Elizabeth
Holbrooks; Ella Marr; W. P. Reitl;
Joseph Swepson Young; Agey Cloer ;
Althia Cloer, unknown creditors of;
Martin .deHart, unknown creditors
of; Gracey McKinish; J. L. Dal
ton; Joseph Higdon; J. P. Moore;
Bert Raby; James-G. Raby; J. H.
Raby; W. H. Silvers; Mrs. R. L.
Taylor; Lillie Tranham; Woodford
Zachary; J. M. Dalton; Paul A.
Fuss; Elijah Raby; Reuben Beas
ley; Jane Owsby; Kate Cloer;
Nannie Cloer; wife of W. T. Hurst;
Annie Seay and husband; W. L.
West and wife; Will J.ohnston and,
wife; F. W. Reuss and wife, Jen
nie; Nina M. Shape, widow; Ma-
hota Sutton and husband, Boyd;
American Pros.pecting & Mining
Co; Thomas M. Angel; wife of B
M Angel; Paul, Caler and wife,
Ada; G. R. Collins; Firing Realty
Co., a N. Y. Corp; Firm.in I). Fuzz,
Trustee; Jane Higdon, wife of W.
H; Michigan Mica Co; Sarah W
McCormick, wife of Hugh Malcon
iMcCormick; Raby, wife of
J,ames Raby; S. Sternberg .and
wife, Annie; Universal Liquidating
~ ' West, wife of Thom
as; Thomas Cloer; W. J, Cloer;
alli.
LEGAL ADVERTlSiNr.
James D. Franks7w~(Cr~^
wife; Althia Cloer; Gracv ,V -
Feroy. Oreen and husoanH
Elijah Shepherd; Wm A ’ r
VV. PI. Higdon; A T
Charles A Raby; Sailie
Laura Reed; Sternberg I
Bert Tranham; A. W ^o;
eph Brendle; Mary Yountx
R. F. Henry; Sam I w
C. Franks ,and wife; and°|ir’
sons whomsoever who have
to own any estates or intwest'""'
the fee or otherwise in and to ,1"
premises described in the rir, '
filed in this cause and described
this notice, and any and al I
and devisees of the several n
above named, whose names aS'ad
wives, devisees, executors, adm^
trators, representatives
alienee;
successors, and assigns, if earl, 0 .
every of them; and all 2
owners, lienors, or claimants
ing, or claiming to have.
ivn
h-av-
title, estate, equity, interest 0:
and all occupants, lessees, use"
holders and owners of and cl
ants to any rights or easement
prescription in, over, acrn«
through said lands, o.r any
hereof; you will please take no.,'
hat an action entitled as abov
has. been commenced in the I)k
States
the Western District of North C-n
olina, at Asheville, N. C, that sum
mons has been duly, issued out d
said Court, and petition filed there
in asking for the condemnation
the lands described in the said pel
tition and hereinafter describet
that you, and each of you are nee
essary parties to the just and iim
disposition of this action; that sail
action has been instituted by th.
United States Attorney for th
Western District o.f North Carolin;
for the purpose of the appropna
tion and condemnation by judici:
process, for the public use and ben
efit of the United States of Amer
ica, of the lands described in sai
petition and herein below descrit
ed, under and by virtue of th
provisions of the Weeks Law-, A(
of Congress of March 1, 1911, Chai
186 (36 Stat. 961) Title 16, Sectio
513, 521, 553, and 563 of U. S, C A
and according to the method, an
procedure prescribed in the Act 0
Congress of August 1, 1888 (2
Statutes 357, (40 U. S. C. A., Sec
tions 257, 258 ,and 258-a); that th
lands proposed to be conderanei
and appropriated by the plaintif
United States are described sub
stantially as follows; Tracts No
240, 240-1, 240-11, 240-111, apparen
and presumptive owners being C
F. Moody, containing according t(
survey, 1,405.50 acres, situated ii
Macon County, N. C., in Cowei
and Millsho.al To'wnships, an liii
waters of Cowee and Wataugi
Creeks, tributaries of Tennesse
River, more particularly desaibe
by metes and bounds in. Exhii)i
“A” and upon map or plat Exhibi
“B” attached to the petition in tlii
proceeding filed with the Clerk
the United States District Court
Asheville, N. C; Tract No. 981, .ap
parent and presumptive owners be
ing Coburn and Dalton, containin
according to survey 124.00 acre;
situated in Macon Co.unty, Nort
Carolina, on the waters of La-ke
Creek, a tributary of Tennesse
River, more particularly describe
by metes and bounds in Exhib
“A-1”, and upon map or plat t*
hibit “B-1”, attached to the petitio
in this proceeding filed with tn
Clerk of the United States
Court at Asheville, N. C. Tracts
1044 and 1044-1, .apparent and p«
sumptive owners being Weaver W
son, containing according to surve
176.00 acres, situated in Maco
County, North Carolina, in Cow
Towhship, on the waters
Branch, a tributary of Cowee Ueew
more particularly described .
metes and bounds in Exhibit A'
and upon map or plat Exhibit
attached to the petition in P,
ceeding filed with the Clerk 01
United States District Court
Asheville, North Carolina; you
each of you are hereby t
be and appear at the office 0
Clerk of the United States Ufi w
Court for the Western
North Carolina, in the
Courthouse ' Building at Ashe\
Buncombe County, N. C., no
than ten (10) days from and a '
the completion of service 0
summons by publication , .j
(4) successive weeks, and
or demur to the .kovi
plaint herein filed by the abov
named petitioner in the
the said Clerk, and you are
notified that if you fai to ,
within
noiiiiea inaL n , gai
and' answer or demur (|,
\vil
time specified the elie
the Court for the-
petition or complaint w
:ified the petitioner^
apply to the Co^urt for
demanded in said P^titio . ^
the Honorable E. Y. WebK ^
of the District Court for
ern District of North Caro ’
the 14 ,day of December, '
the year of our I'ndepen q
16lst. J. Y. Jordan, C erk, ,
L. McLurd, Deputy Clerk. ,
D17—4tc—J7