Newspapers / The Franklin Press and … / Dec. 24, 1936, edition 1 / Page 9
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SDAY, DEC. 24, 1936 -egal advertising ~N0TICE OF SALE n Carolina, on County, D. Franks,, Administrator of en S., tranks, Deceased. Vs; linnie Powers, widow; Mattie ligdon; Mack Higdon; Jessie Mur- .'ay; 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 Roszqll; 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- THE FRANKUN PRESS AND THE HIGHLANDS MACONIAN PAGE SEVEN v-vj. ill LUC auuvc- C.1UU1CU pro- ceeding, 1 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 d,ay 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 Maps 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 in 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. Allen, 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. S 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 5 , 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, J. D. FRANKS, Commissioner DIO—Stc—JDF—J7 legal advertising 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 fclack 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 Carolina, 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 west 38 poles to a black oak near the school house; south 21^ 36 poles to the begin ning, containing 20 acres more or less. LEGAL ADVERTISING LEGAL ADVERTISING ing t!i'e same land conveyed to A. W. Jacobs by Rt A. Jacobs and wife, by deed of dfite M,ay 2, 18^, in Deed Book X, page 333, Office of the Register of Deeds. This the 30th day of November, 1936. J. FRANK RAY, Commissioner D10-4tc—D31 This the 30th day of November, 1936. J. FRANK RAY, Commissioner D10-4tc-D31 LEGAL ADVERTISING NOTICE OF SALE PERSONAL PROPERTY North Carolina, Maoon County. Whereas, the hereinafter describ ed automobiles were stored in the garage or warehouse of Franklin Service Station, on December 8, 1935 and January 12, 1936, respec tively, and Whereas, there is now due for storage on said automobiles the sum of $47.00 and $38.00 respectively: NOW, THEREFORE, under and by virtue of the law in such cases made and provided, I will, on the 26th day of December, 1936, at 12 o’clock, noon, sell at public auction at our garage or warehouse on Palmer Street in the Town of Franklin, N. C., the following de scribed automobiles to the highest bidder for cash to satisfy said storage and costs: One Ford Coupe, Model A, 1929, No. A2387033. One 1929 Chevrolet Coach, Motor No. 1777939, Serial No. 8AD16861. This the 16th day of December, 1936. Franklin Service Station By W. Roy Carpenter D17—2tc—D24 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 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 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 vs. Martary V. McConnell, H. K. Rus sell and wife, coll W. Russell, and wife, Edna Russe , Fred Russell, Lina Russell, Margie Russell Dills and husband, Arthu Dills, Thaddie Russell and wite, Edith Russell. , Under and by virtue of a pdg xnent entered in the above entit ed proceedings by the Clerk of the Superior Court of Macon County North Carolina, the undersigne will, on the 4th day of January 1Q37 at the courthouse door in tne Town of Franklin, North ^rohna, at 12 M. o’clock, sell to the hig est bidder for cash the following described tracts of land, to wit; First Tract; In Macon County North Carolina, on the waters o Suearfork River, and bounded as follows, BEGINNING at a white 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, Ge,neral Sutton, Mamie Early and husband John Early, Alice Thompson and hus band Wilfred Thompson, Selma HollMd, H. C Holland, Jess« 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 gtes, Wayne Estes and Lloy Estes, Minors, Defendants. . Under and by virtue of a judg ment entered in the abov« entit ed proceeding, b, .he C In the District Court of the United States of America for the W'cstern District of North Carolina. Ashe ville Division. At Law No. United States of America v. 551.90 acres of land in Clay and Macon Counties, North Carolina, W. i-. Latham, et al. Notice of Action by Publication of Summons lo; U. i.. Anderson; Haywood Realty Co, wife of R. R- Mulhkin; C. 1- Rat ion and wife; J. T. Ratton; C. E^ Wood and wife; Randolph McGuire Bulein; Hanover National Bank; Charles Ward; Max Palm; Rem- hold Palm; Carolina Mountains Realty Corporation; J. A. Esses; Emohne Holden; ^rs M M Kim- sey; John Kimsey; W. O. McGib ony. Trustee; J. L. Smathep Com pany; unknown creditors of EcL i. Shearer- I. A. Esses; R. G. Ket- ron; Otto Hermann; Theodore Palm- A J. Patton; Amelia HoUis- ter Rockwell and husband, if any; C W. Slagle; M. D. Ashe; W. M. Kelly and wife; G. R. Patton; Erwin Patton; Tallassee Power Co W. A. Parker and Plonk and husband, i. M, in Land Bank Commissioner; Augusta Palm; Otto Palm, Jr; M C. .Cald well and wife, Ehzabeth Kate Shearer Eller and husband Chas. Heaton and wife; Flora Hollister, V O. Kimsey and wrfe, Emma i-, M R. Love and wife, if any; Ma rion Passmore and wife; unknown devisees of Otto Palm; Andrew Barnard; Mey. Jo^es ^nd wik Emma C. Martm; W. A^ Pa^e and wife, Laura; Mamie S agle Patton; Archble Rogers; Ed i. Iheave^; Alfred P._ Parker and a petition filed therein asking for the condemnation of the lands descrio- ed in the said petition and herei. - after described, that you, and each of you, are necessary and prope- parties to the just and final dispo sition of this action; that said ac tion has been instituted by th^ United States Attorney for tiK Western District of North Caio 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 p.et’ition and herein below described under and by virtue of the provis ions of the W^eeks Law, Act Oi 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 described sub stantially as follows: Tract No. 222, la, apparent and presumptive own- cr being W^. "1. LsthtiiTi co.nta.innig according to survey 551.90 acres, 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 a.nd e'd.cn or 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 oi 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 10 day of December, 1936, and the year of our Independence the 161st. J Y Jordan Clerk, By: O. L. Mc- Lurd, Chief Deputy Clerk. D17-4tc—J7 In the District court of the United States of America for the Western District of North Carolina Ashe ville Division. At Law No. United States of America v. l,/Ub.5.J acres of land in Macon County, North Carolina, C. F. Moody, et al. Notice of Action by Publication oi Summons. To ; Department of Con servation and Development of North Carolina; Alden Howell, Jr. and wife; Wade Marr; Ed bhepherd; B G Gibson and wife; Betty Wig gins; Clarcy Cloer; Wade Henry; W. A. Holbrooks; Thomas Jonn- son; wife of John B. Raby; W. H. Windley; Dessie Jones; wife ot Willi W. Wiggins; Bessie Uoei , Iva Lee Cloer; Lilly Cloer; Cath erine Davis and husband; J- "t- Mason; A. E. Weaver; Ihe fed eral Land Bank of Columbia; J. M. Pitcher and wife, Venue E; Burr E Coburn and wife, Bertlya; Boya Sutton, Executor; Emily F. AllisOT and husband, O. M. Allison; Rob ert Brown and wife. Dame; K. Caler; Central Bank & Trust Co; G. M. Dalton and wife, ArtiejFlor- ida Investment Co; Resign Haney and husband, I. B; W. H. Higdon & Co; Leonidas S. Mitchell, Irus- tee; Francis Osborne and wife, Raby, wife of A. P. Ra>by, Lperior Court of Macon Coi^ty North Carolina, the undersigned j pe«^ ^r, m Jl, on the 4th day of 1937 at the courthouse door m tn Town of Franklin, North prohna, -It 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 and the beginning corner of No. /A in District No. 12, and runs down the river with us meanders 96 poles to a rock on the East ban of the river, then with the line o No 45, N. 65 E. 60 poles to a stone, S. IS E. 80 poks to a stone o.n top of a ridge, then down the Mrri- S 43 W 15 poles to a rock ridge S. 4J w. 1:) v of the river; down the river with r,lLcanders to the beg—- taining 76 acres, more or less. S^ o^nTnV estates or, inter ests in the fee or otherwise m and to the premises described m the petition filed in this cause and de~ Lriibed in this notice, and any and all heirs and devisees of the sever al parties above named, whose namL and addresses are unknown, and all and singular their heirs, husbands, wives, administrators, representatives ahe nees successors and assigns, of each and every of them; and all unknown owners, lienors, or claimants having or claiming to have, any '‘'f.ht- d estate, equity, interest all occupants, lessees, users, ers and owners of and claimants action entitled as above has been commenced in the f^istnct ^J the United States for the Western District of North Carolina, a Ashe- ' ~ XNjCV ij j y VT 1 V.' ^ ^ Frank A. Rogers and wife; Nancy Tallent .and husband, W. J ; A. J. Ward and wife, Callie; Ehzabeth Holbrooks; Ella Marr; W. P. Reid; Joseph Swepson Young; Agey Cloer; Althia Cloer, unknown creditors ot; Martin deHart, unknown creditors of- Gracey McKinish; J. L. D'a.1- toA; Joseph Higdon; J P^ Moore; Bert Raby; James G. R^Y; j- Raby; W. H. Silvers; Mrs. R. ,L- Taylor; Lillie Tranham; Woodford Zachary \ J- 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 Johnston and wife- F W. Reuss and wife, Jen nie;’Nina M, Shape, widow; Ma- hota Sutton . and husband, Boyd; American Prospecting & Mining Co - Thomas M. Angel; wife of B. M ’ Angel; Paul Caler and wife, Ada- G R. Collins; Elnng Realty Co., ’a N. Y. Corp; Firmin D. Fuzz, Trustee; Jane Higdon, wife of W. H; Michigan Mica Co; Sarah W. McCormick, wife of Hugh Malcon McCormick; — Raby, wife of iiStSr.TNo,-.h Carolina S'; Led|.‘ west »ife of Th„„- as; Thomas Clo«r; W. J. Cloer; James D. Franks; W. George and wife; Althia Cloer; Gracy Cloer; x-erby Green and husband, Silas; l^iijah Shepherd; Wm. A. Enloe; VV. H. Higdon; A. J. Patton; Charles A. Raby; Sallie Raby, i^aura Reed; Sternberg Lpd Co; Bert Tranham; A. W. Tritt; Jos eph Brendle; Mary Young Davis; R. F. Henry; Sam L. Rogers; J. C. Franks and wife; and all per sons whomsoever who have, 01 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 ad dresses are unknown, and all and singular their heirs, husbands, wives, devisees, executors, adminis trators, representatives, alienees, successors, and assigns, of each and every of them; and all unknown owners, lienors, or claimants, hav ing, or clauning to have, any right, title, estate, equity, interest or hen; and all occupants, lessees, user-;, holders and owners of, and claim ants 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 atove has been commenced in the Dis trict Court of the United States for the W^estern District of North Car olina, at Asheville, N. C.. that sum mons has .been duly issued out of said Court, and petition filed there in asking for the condemnation of the lands described in the said pe tition and hereinafter described, that you, and each of you, are nec-- ess'ary parties to the just and final disposition of this action; that said action has been instituted by the United States Attorney for the Western District of North Carolina for the purpose of the appropria tion and condemnation by judicial process, for the public us.e and ben- efit of the United States of ,Amer ica, of the lands described in said petition and herein below describ ed, under and by virtue of the i)rovisiO'iis of the Weeks Law. Act of Congress of March 1, 1911, Chap. 186 (36 Stat. 961) Title 16, Section 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 Statutes 357, (40 U. S. C. A., Sec tions 257, 258 and 258-a) ; that the hands proposed to >be condemned -and appropriated by the plaintiff United States are described sub stantially as follows: Tracts No. 240, 240-1, 240-11, 240-111, apparent and presumptive owners being C. F Moody, containing according to survey, 1,405.50 acres, situated in Macon County, N. C. in Cowee and Millshoal Townships, on the waters of Cowee and Watauga Creeks, tributaries of Tennessee River, more particularly described by metes and bounds in Exhibit “A” and upon map or plat Exhibit “B” -attached to the petition in this proceeding filed with the Clerk of the United States District Court at Asheville, N. C; Tract No. 981, ap- parent and presumptive ow.ners be- in^ Coburn and Dalton, containing according to survey 124.00 acres, situated in Macon County, North Carolina, on the waters of Lakey Creek, a tributary of Tennessee River, more particularly described by metes and bounds in Exhibit “A-1” and upon map or plat Ex hibit ’“B-1”, attached to the petition in this proceeding filed with the Clerk of the United States District Court at Asheville, N. C. Tracts No. 1044 and 1044-1, apparent and pre sumptive owners being Weaver Gib son, containing according to survey 176.00 acres, situated in Macon County, North Carolina, in Cowee Township, on the waters of Lo^ng Branch, a tributary of Cowee Creek, mofe particularly, described by metes and bounds in Exhibit ‘‘A-2 and upon map or plat Exhibit B-2 attached to the petition in this pro ceeding filed with the Clerk of the United States District Court at Asheville, North Carolina; you and each of you are hereby notified to be and -appear at the office of the Clerk of the United States Distnet Court for the Western District of North Carolin-a, in the United States Courthouse Building at Asheville, Buncombe 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 com plaint 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 answer or demur to , the said petition or complaint ,within the time specified the petitioner will apply to the Court for the relief demanded in said petition. Witness the Honorable E. Y. Webb, Judge of the District Court for the West ern District of North Carolina, this the 14. day of December. 1936, and the year of our Independence the 161st. J. Y. Jordan, Clerk, By: O. L. McLurd, Deputy Clerk. D17-4tc—J7
The Franklin Press and the Highlands Maconian (Franklin, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Dec. 24, 1936, edition 1
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