marble news
notice of summons
JORTM CAROIJNA.
CHEROKEE COUNTY.
IN THE SUPERIOR COURT. I
Mary Lou Dayton, Pla>ntiff ;
VS.
Woodrow Dayton. Defendant.
The defendant, Woodrow Dayton, j
rill take notice that an action entitl ? (
id as above has been commenced in
Jie Superior Court of Cheroltee Coun
y. North Carolina, for the purpose
if disolving the bonds of matrimony
low existing between plaintiff and
|. Cendant upon the grounds of two
rear separation, and the said defen
dant will take notice that he is re
quired to be and appear before the
ricrk of the Superior Court of Chero
kee County, N. C., at his office in the
[ourthouse in Murphy, N. C., on the
Blst day of May, 1940 or within
thirty days thereafter and answer or
demur to the Complaint of plaintiff
now on file, with copy for defendant,
r?r the plaintiff will apply to the Court
fur the relief demanded in the com
plaint.
[ Witness my hand this the 2 day of
fclay, 1940.
T J. W. DONLEY, Clerk Superior
?Court. Cherokee County. 42-4t-tcg
[NOTICE OF SALE
IF VALUABLE REAL PROPERTY
Under and by virtue of an order
f the Superior Court of Cherokee
ounty, made in the special proceed
ig entitled "Stephen D. Battle, Mrs.
'lorence Bugher. Lax Battle, and B.
V. Battle (J. Frank Bristol and L.
X Mason, substituted plaintiffs) vs..
liaura Battle, Will Battle, David
Jfashbum. Mary Willie Mashbum,
fs Mashburn, Jr., Milton Mashbum,
nie Enirra Mashburn.. Ed Mash
?n, and Fred Mashburn. and
irid Mashburn, Guardian," the
lersigned commissioner will, on the
h day of May. 1940. at 10:00 A.
(C. S. T.), at the courthouse door
Murphy, N. C., offer for sale to
the highest bidder for cas*t that cer
tain tract of land lying and being in
Andrews, Valleytown Township, Cher
okee County. N. C., particularly des
cribed as follows:
Lots Nos. 10, 11, and 12 in Block
"I." of the Town of Andrews accord
ing to the original survey of the
Town of Andrews made by E. W.
Smith, C. E., dated September 3rd.,
1890.
This the 24th dav of April. 1940.
C. E. HYDE
t0-4t-chg Commissioner
Having qualified as executor of
the estate of W. M. West, deceased,
late of Cherokee County, North Car
olina, this is to notify all persons
having claims against the estate of
said deceased to exhibit them to the
undersigned at Murphy, North Car
olina, on or before the 17th day of
April, 1941, or this notice will be
pleaded in bar of their recovery. All
persons indebted to said estate will
please make immediate payment.
This the 17th day of April. 1940.
WILLIAM OSCAR WEST, Execu
tor of W. M. West, deceased.
(38-6t*hg)
In the District Court of the United
States of America for the Western
District of North Carolina. Civil No.
169. United States of America ?.
M6.70 acres, more or less, of land in
Cherokee County, North Carolina,
H. L. Dulin, et al. Notice of Action
*>>' Publication of Summons. To: Mere
dith College; B. B. Morrow and Mrs.
B. B. Morrow; North Carolina Depart
ment of Conservation and Develop
ment; State of North Carolina. Thad
Enre, Secretary of State; Apalachian
Land and Lumber Company; Mrs. Hes
ter B. Ferguson; Gurney P. Hood;
Anderson, W. Ceicel, Trustee, uncan
celled mortgage, Knox County, Tenn;
Andrews, Forrest, Trustee, uncancell
Cavalaris, John D? Trustee, uncan
celled deeds of trust, Knox County,
Tenn; Dulin, H. L., and wife, Eugenia
Bell Dulin, proponents, holders of
mineral reservation and adjoining
owners, Knox County, Tenn; Hart
man, A. J., Trustee, uncancelled deed
of trust, Knox County, Tenn; Mc
Donald, T. J. and wife, if any, pro
ponents, holders of mineral reserva
tion and adjoining owners. Coker
Creek, Tenn; Randall, W. E. bene
ficiary in deed of trust, Knox Coun
ty, Tenn; Bristol, Mrs. George W.I
possible outstanding dower; Bustard,
Fannie G. Neal, possible outstanding
interest; Caraststis (Caracostis),
Nick, beneficiary in uncancelled deed
of trust; Cockrell, A. J., beneficiary
in outstanding deed of trust; Kelly,
Mrs. C. R., possible outstanding
dower; McCoy. F. E. and wife, D. F.
McCoy, record owners of adverse
grant and adjoining owners; McCr
Virginia George Mebane, pos
sible outstanding interest; Mebanke.
Dr. Benir Y., possible outstanding in
terest; Mebane, Mary C., possible
outstanding interest; unknown suc
cessor to Asheby Lee Baker Executor
?nd Trustee, possible outstanding in
terest ; Wfcitaker, Mrs. btephen. pos
sible outstanding dower; Wigfins,
Sallie H., possible outstanding inier
est; Womack, Thomas P. (T. P. pos
sible outstanding interest; McCoy, J.
E.. possible unconveyed interest;
Swepson, Virginia B. Y. (V. B. Y.),
possible outstanding interest ; Womack
Ann E., Y., adverse claimant; Combs,
Beryle and Husband, W, B. Combs,
possible outstanding interest. Chat
tanooga, Tennessee; Cooper, T. J., in
dividually and as sole surviving exe- 1
cutor of the estate of J. W. Cooper,
deceased, and rrife, if any. possible
outstanding interest. Hendersonville,
Georgia; Cooper. Harry P. and wife
Rosalena K. Cooper, possible out
standing interest, Washington. D. C;
Crye, I.illion and husband. W. E.
Crye, possible outstanding interest.
KnoxvilJe, Tenn; Curd, Elizabeth and
husband, Harry Curd, possible out
standing interest, Seattle. Washing
ton; Djlin, H. L., and wife, Eutrenia
Bell Dulin. proponents, Knox Coun
ty, Tenn: Evans, Louise and husband,
G. #S. Evans, possible outstanding in
ten?st. Bronxville, New York; Mc
T. J. and vs. ir. ii any, pro
ponent and holder of mineral reserva
tion, Coker Creek, Tenn; Wilcox. W.
M. and wife. Jane Wilcox, adjoining
r.wners. Polk County. Tenn; Witt,
Gertrude (widow) and present hus
band. if any. possible outstanding in- 1
terest, Chattanooga, Tennessee; Cal
endine, Edwin and wife, Laura C.
Colendine, no record conveyance;
C^lendine, Thomas H. and wife. Mary
Cf frendine, possible outstanding in
te-est; Cate, Thomas L., mortgagee;
Cnrivan, Mary T. W.. possible out
st inding interest ; Dacus. Mary, pos
slole outstanding interest; Finler,
T>-uis, beneficiary in deed of trust;
Furbee. W. H., beneficiary in deed of
trn6t; Golden. Mrs. H R.. mortgagee;
Hammond, Fred; mortgatree; Ham
mond- W. J., mortgagee and possible
outstanding interest: Hampton. J. F..
and wife. Mrs. J. F. Hampton, pos
sible outstanding dower and other
wise; Hiawassee River Lumber Com
pany, a Tennessee corporation, pos
sible adverse interest: Hoyle. T. L.
possible outstanding interest ; McCoy,
N. W., beneficiary in deed of trust;
Masten, Thomas, possible unconvey
ed interest^ Masten and Company.
Thomas, possible outstanding inter
est; Mauney, M. L.. mortgagee: Myers
E. C., beneficiary in deed of trust;
Nelson, Mrs. P. E., possible outstand
ing dower; Noel, Joel, possible un
conveyed interest: Ogden. J. L.. bene
ficiary in deed of trust; Ownby, Tem
py C., possible outstanding interest;
Ownby, Mrs. W. G., possible outstand
ing dower; Patterson. J. T.. mortga
gee; Patterson, J. T., mortgagee;
Santmyer. Charles A., no record con
veyance of interest; Santmyer. Char
les A.. no record conveyance of in
terest; Thomas, John W., possible un
conveyed interest; unknown succes
sor of R. L. Cooper, Trustee; Walker.
Fannie, mortgagee: Walkrr, J. H. and
wife, Fannie Walker, possible out
standing interest; Anderson, John,
possible outstanding interest; Coop
er. J. W., possible unconveyed inter
est; Cooper, R. L., Trustee; Ham
mond, W. H; McCoy, J. E.. possible
outstanding interest; and all persons
whomsoever who have, or claim to
cwn 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 un
known, and all and singular their
heirs, husbands, 'wives, devisees, exe
cutors, administrators, representat
ives, alinees, successors and assigns,
of each and every of them; and all
unknown owners, lienors, or claim
ants, having, or claiming to have, any
right, title, estate, equity, interest
or lein; and all occupants, lessees,
users, holders and owners of and
claimants to any rights of easment
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 Asheville, N. C., that summons
has been duly issued out of said
Court, and petition filed therein ask
ing for the condemnation of the lands
described in the said petition and
hereinafter described that you, and
each of you, are necessary and prop
er parties to the just and final dis
position of this action; that said act
ion has been instituted by the Un
ited States Attorney for the Western
District of North Carolina for the
purpose of the appropriation and
condemnation by judical process, for
the public use and benefit of the
United States of America, of the
lands described in said petition and
herein below described, under and
by virtue of the provisions of the
Weeks Law, Act of Congress of March
1. 1911. Chap. 186 (36 Stat. 961)
Title 16, Sections 513, 521, 553, and
563 of U. S. C. A., and according
to the method and procedure pres
cnbed in the Act of Congress of Aug
ust 1, 1888 <25 Statutes 357 (3D
U. S. C. A., Sections 257, 258 and
258-a); that the lands proposed to
be condemned and appropriated by
the plaintiff United States are des
cribed substantially as follows: Tracts
No*. 1358. 1358-1. 1358-11. 1358-a.
apparent and presumptive owner be
ing H. L. Dulin and T. J. McDonald,
containing according to survey 898.
TO acres, situated ir Cherokee County,
cn the waters of Shule? freek a tribu
tary of the Hiwassee Rtt er. more part- (
icularly described by metes and
hounds in Exhibit 44A'\ 4,A-1", "A
"A-3", and upon map or plat
Exhibit *B". "B-l*\ attached to the
petition in this proceeding filed with
the Clerk of the United States Dis
trict Court at Asheville, N. C.; you
and *ach of you are hereby notified
to b* and appear at the office of the
Clerk of the United States District
Court for the Western District of Nor
th Carolina, in the United State*
Courthouse building at Asheville, Bun
combe County. N. C.. not later than
ten (10) days from and after the com- ?
pieuon of service of this summon*
by publication for four (4) success
ive weeks, and answer or demur to
the petition or complaint herein filed
by the above named petitioner in the
I office of the said Clerk, and you are
further notified that if ycu fail to |
appear and answer or demur to the
?aid petition or complaint within the
time specified the petitioner will
apply to the Court for the relief de
manded in sai?l petition: witness the
Honorable E. Y. Webb. Judge of the
District Court for the Western Dis
trict of North Carolina, this the 2G
day of April, 1940. J. Y. Jordan.
Clerk. By: O. L. McLurd Deputy
Clerk. (41-4t-j.y.j.)
NOTICE TO CREDITORS
Having qualified as Administratis
of the Estate of W. A. Carter, do
ceased, this is *o notify all persons
having claims against said estate
to present them to the undersigned
at her home in Cherokee County.
Address, Route 1, Copperhill. Tenn
essee? on or before the 4th day of
May. 1941. or this notice will he
pleaded in bar of their recovery. All
persons indebted to the estate will
please make prompt settlement.
ROSIE CARTER.
ADMINISTRATED OF W. A CAR
TER. DECEASED. (41-6t~r.c.)
NOTICE OF SALE OF LAND
NORTH CAROLINA,
CHEROKEE COUNTY.
IN SUPERIOR- COURT.
Cherokee County Plaintiff
VS. I
R. L. Dookerv and wife. Mrs. R. L.
Dockery. and all other persons claim
ing any interest in the lands herein
described, defendants.
By virtue of an order and decree
entered in the above entitled cause,
bv the Clerk of the Superior Court, of
Cherokee County, on Monday, 12th
day of June 1939. the undersigned
E. B. Norvell. commissioner, will on
Monday, the 3rd day of June, 1940,
at 10 o'clock. A. M. Central time, of
fer for sale, and sell at public out
cry, at the Court House door in Mur
phy, Cherokee County, all the right,
title and interest of defendants
above named, in and to the following
described land, lying and being in
Beaverdam Township, Cherokee Coun
ty, to wit:
Beginning on a locust on the top
of a ridge on the line of W. M.
Dockerv and runs Southeast direc
tion with a marked conditional line
to a black jack on the top of the
ridge; thence East crossing the road
lo a pine; then on to a stake in the
line of Daniel Dockery land; then
N. W. to # pine in the gap of the
ridge, known as W. M. Dockery Cor
ner; then South to the beginning
corner. Containing 24 acres, more or
less.
Terms of 9<Je cash. Sale subject
to confirmation by the court.
This April 30th, 1940.
E. B. NORVELL, Commissioner.
(41-4s-e.b.n.)
NOTICE OF SALE OF LAND
NORTH CAROLINA.
CHEROKEE COUNTY.
IN THE SUPERIOR COURT.
North Carolina, Cherokee County.
Plaintiff,
VS.
W. A. Hass, and all other persons
claiming any interest in the lands
herein described, defendants.
By virtue of an order and decree
entered in the above entitled cause,
by the Clerk of the Superior Court,
of Cherokee County, on Monday,
29th day of April. 1940, the under
signed E. B. Norvell. Commissioner,
will, on Monday, the 3rd day of June,
1940. at 10:00 o'clock, A. M.. Cen
tral Time, offer for sale, and sell, at
public outcry, at the Courthouse
door in Murphy, Cherokee County, all
the right, title and interest of defen
dants above named, in and to the fol
lowing described land, lying and be
ing in Murphy Township, Cherokee
County, to- wit:
Adjoining the lands of Jake and E.
O. Palmer, and others, bounded as
follows: Known as part of the Mill
Tract, and a part of Tract No. 7632
of the John Pockery Old Home Place
on Owl Creek, in District No. 5, and
more particularly described as fol
lows;
BEGINNING on a Poplar near
Owl Creek on the North side, runn
ing up the creek, 812 feet to a bridge
in the lane; thence with conditional
line. 590 feet to a Persimmon; thence
S. 40 E. 697 feet to a Black Oak;
thence N. W. course 350 feet to th?*
BEGINNING corner, being a part of
the land devised to Mary Jane Sneed
by her father John Dockery, and con
taining SEVEN acres, more or less.
Terms of sale cash. Sale subject to
confirmation by the Court. This April
30th, 1940.
E. B. NORVELL. Commissioner.
(41-4t-e.ba.n.)
NOTICE OF SALE OF LAND
NORTH < AROUNA,
CHEROKEE COUNTY
IN THE SUPERIOR COURT.
Cherokee County, plaintiff.
VS.
H. H. Creasman and wife. Mrs. H.
H. Creasman. and all other persons
claiming any interest in the lands
herein described, defendants.
By virtue of an order and decree
enteied in the above entitled cause,
by the Clerk of the Superior Court of
Cherokee County, on Monday. 29th
day of April. 1940. the undersigned
E. B. Norvell, Commissioner, will on
Monday, the 3rd day of June. 1940.
at 10:00 o'clock. M.. Central Time,
offer for sale and sell at public out
cry. at the Courthouse door in Mur
phy, Cherokee County, all the right,
title and interest of defendants, above
named, in and to the following de
scribed land, lying and being in Val
leytown Township. Cherokee County,
to-wit:
One-half interest in 68 acres, in
Cherokee County. Valleytown Town
ship. ? Home Place. Being those cer
tain lands conveyed to Hardy Creas
man and Ed Creasman by S. E. Cover
p.nd wife, and Giles E. Cover and wife,
by deed dated August 21st. 1919.
recorded in office of Register of
Deeds for Cherokee County in Book
81, page 76. and being parts of Tracts
Nos. 87, 100 and 4065, described a?
follows:
BEGINNING on a Post Oak. the
N. E. corner of No. 97, and runs N.
29 E. with the line of No. 4065, 20
poles to a Spanish Oak in said line;
then N. 58 W. 40 poles to a small
pine on the ridge; then down said
ridge, 3 W. 23 poles to a pine; thence
S. 77 W. crossing the Holland Creek i
at 28 poles S. 68 poles to a small black
oak on top of a ridge; then up said
ridge, S. 69 W. 13 poles to a Spanish
Oak on top of the dividing ridge; then
down said ridge with its meanders
S. 83 E. 10 poles to a stake; S. 42 E.
25 poles to a stake; S. 45 E. 56 poles
to a stake; S. 28 E. 13 poles to a stake,
P. 11 E. 14 poles to a stake; S. 23 E. 14
poles to a stake; then S. 30 E. 8 poles
to a stake; S. 12 E. 6 poles; in the
South boundary line of No 97, and in
the line of No. 96, then N. 59 E. pass
ing a Maple corner of D. L. Holland's
land at 12 poles, 64 poles to a small
Oak, the S. E. Corner of No. 97 ; then
N. 31 W. 118 poles to. the BEGINN
ING, containing 68 acres, more or
leas.
E. B. NORVELL, Commissioner.
(41-4t-e.b.n.)
30, 1940.
NOTICE OF SALE OF LAND
NORTH CAROLINA,
CHEROKEE COUNTY.
IN THE SUPERIOR COURT
Cherokee County, Plaintiff,
VS.
Tom Brock and wife, Mrs. Tom
Brock, and all other persons claiming
any interest in the lands herein de
scribed, defendants.
By virtue of an order and decree
entered in the above entitled cause,
by the clerk of the Superior Court of
Cherokee County, on Monday. 29th
day of April, 1940, the undersigned
E. B. Norvell. Commissioner, will, on
Monday, the 3rd day of June. 1940,
at 10:00 o'clock. A. M. Central Time,
offer for sale and sell at public out
cry. at the Courthouse door in Mur
phy, Cherokee County, all the right,
title and interest of defendants, above
named, in and to the following de
scribed land, lying1 and being in Shoal
Terms of sale cash. Sale subject to
confirmation by the Court. T! :s April
Creek Township, C^ rokee County,
to-wit :
FORTY ACRES of land, more or
less . being all the lands owned by
Tom Brock and located in Shoal Creek
Township. Cherokee County, North
Carolina, bounded on North Side by
lands of Southern States Power Com
pany: by lands of Sam Barnes, de
ceased. and the Hamby Heirs on South
nnd East, and by lands of Clyde Wil
liamson on the West, said lands be
ing known as the Craig Land.
to confirmation of the Court. Thi*
Terms of sale cas-h. Salt' subject
April 30th. 1940.
E. B. NORVELL. Commlvionw.
(41-4t-f.b n >
NOTICE OF SALE OF LAND
NORTH CAROLINA.
CHEROKEE COUNTY,
IN THE SUPERIOR COURT.
Cherokee County. Plaintiff,
YS
P. F. Jones, and all other persona
claiming any interest in the land*
herein described, defendant.
By virtue of an order and decree
entered in the above entitled cause,
by the Clerk of the Superior Court, of
Cherokee County, on Monday. 29th
day of April, lfMO. the undersigned
E. B. Xorvell. Commissioner, will, on
Monday, the 3rd day of June, 1040,
at 10:00 o'clock. A. M.. Central Time,
offer for sale and sell at public out
try at the Courthouse door in Mur
phy, Cherokee County, all the right,
title nnd interest of defendants, above
named, in and to the following de
scribed land, lying and being m Mur
..t!.. '
4u?imiiii|?, vii* i urvc mumaati w*
wit:
ONE HUNDRED FIFTY ACRES,
more or less in Murphy Township.
Cherokee County, North Carolina,
known as the P. F. Jones Home Place,
and being part of the Hitchcock Litnds
conveyed to P F. Jones by W. N.
Garrett and others, by deed dated
June 15, 1021. registered in office of
Register of Deeds for Cherokee Coun
ty. North Carolina, in Book No. 77,
page 43S. reference to which record
is made for fuller particulars and de
scription.
Terms of sale cash. Sale subject
to confirmation by the Court. This
April 10th. 1040
E. B. NORVELL, Commissioner.
<41-4tle.b n.)
Wafrh For Thi* Every Wcfk
SHORTY'S
- They thai goiern the least make the
most noise "
MAT
21? DeSc!o. Spanish discov
erer of the Mississippi,
died. 1542.
22? Southern U. S. ports de
clared open to commerce,
1866.
23 ? South Carolina ratified
Constitution, 1788.
24 ? The Parts World's Fair
opened. 1937.
25? Jews ordered to leave
Italy or become Fascteta,
1937.
26 ? Bloody labor noting at
Detroit and Akron. 1938l
27? Chicago ecrw tmA etovafr
?d tradn* naw
THIS IS THE WEEK
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We Have The Best
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MURPHY, N. C.
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