LEGAL NOTICES |
NO 11(1 Ol V%!.r
N( )!('! I! C \' Of N V
CIIEKOKKF COI NTY
l'iui? : and by \ , * ! " ? o! that CCr
l:im ! >< d ?>! Tru t executed by T. W
IVcke>"** *" IV II Tillitt. Trustee on
the Mh dav of Juno. 1W31. and re
corded in the Office of the Register
of I>-v;!n f Cherokee County. North
Carolina, in Book of Deeds of Trust
N<? 103. pare L\*LV default having
been made in the payment of the in
debtedness secured thereby, and de
mand tor foreclosure having been
made upon the undersigned by the
holders of aid indebtedness, the un
dersigned Executrix of the Last Will
and Testament of D H. Tillitt. Trus
tee. deceased, will on Monday the 7th
day of October. 1940. at 11:00 A M .
C S T offer for sale to the highest j
bidder, lor cash, t he following des- !
cribed proper! v
I. Vine and \h >?n in Cherokee Coun
ty. North end hmindrd and
deseriV-ed as follow
Rein* .i no ? - n ?>r tl> Fain P no
tion and hound* ri n ] more twr'i -
larlv di >ci ibt rl ,.s f..l|u\\- PFOTW- j
INO (in a Pn" .???!?? -f f "?
land and run* tb<r: N \V 1 ' 4
poles lo a Hlckorv: 'lie "N l'ift W
77 pole- t" n Che- 'nut and --:?kc;
thoncc N ?: J \V inn voir ( n a ll^k
orv and ":i : a Whr>
Oak on li t' rider a' 72 polo- 'ivner
s. *.v mo pole more or less, to ;
t rock on i brinelv thence S with j
tlio meander- ? !' the branch -o the
Hen Di'iial n lint therB E. 150
Pill-- with Donation line to the
BKC.INN'TNG.
Contalnir. 140 acrrr. more or less.
For fu'her description see deed
from \V F. Robert' et urc to Titos.
W Dorkerv dated (1-5-1901 and re
corded in Book No. 33. page 488.
record -f Clierok'-c County. X. C.
Tbi- 7th day of September. 1940. 1
Rosa Jtid i n Rodgers Tillitt. Exe- I
cut i' \ of the 1 .st Will and Testa
ment f D. II Tillitt Trustee deceas
ed. <8-4t>
mil ISHF.R * SWORN
STATEMENT
NORTH CAROLINA,
CHEROKEE COUNTY.
T* ??? ma*; r of the qualification
of The Cherokee Scout Newspaper*
under chapter 170 public laws of
North Carolina 1939.
To the Clerk of the Superior Court: '
In conformation with the provision i
of chapter one hundred seventy 1"(1> j
of tile Public Laws of North Carolina.
1939 <1939 cede. ='-ciion 2586 a> et
M*q i . The Cherokee Scout news
paper'. published at Murphy. N. C.
'post office address1 by Victor C.
Olmsted i publisher '? hereby files the
lollowin5 sworn statement:
Victor C. Olmsted, being first duly ?
sworn, states that he is the Publisher j
of the Cherokee Scout ;.<r rvrnpaper1 J
and is duly authorized to make this
sworn statement: that the said news
paper :s a newspaper with a general
circulation to actual paid subscrib
ers: that aid newspaper has been '
and is admitted to the United states
mails a* < conri elas; matter at Mur- |
phv in Mi - Countv of Cherokee: that '
? lie said newspaper has been regit- j
larlv anr1 ? <'!itinuou>]y issued in the
said county at least on" day in each
calendar week for at least twenty
five of tii" twenty x weeks nime
diately preceding the date of this
sworn statement: that the said
newspaper is a newspaper meeting
the qualifications prescribed by chap
ter 170. Public Laws of North Caro
lina. 1939.
This the 13 day of September. 1940
Sworn to and subscribed before me
this 13 day of September. 1940
Duly filed with the clerk of
Stiperior Court of Cherokee County.
North Carolina, this 13 day of Sep
tember. 1940.
JOHN DONLEY. Clerk of Superior
Court
VOTIf F. OF SAI.E OF LAND
NORTH CAROLINA.
CHEROKEE COUNTY.
IN THE SUPERIOR COURT.
NO. 1407.
Cherokee County. Plaintiff.
Vs
R.. IT Flowprs. and wife Mrs. R H
Flowers. and all persons elaiminc any
interest in tlie lands Involved in this
action. Defendants.
R<- virtve ?.f an order and decree
enif'-d in the above entitled cause
of neHon hy th" CWk of the Superior
Co"rf. for Cherokee Count v. on
September IB 1940, ordering
li : ? . n?U ? :SW<I
p Noivtll. < omin. > s?t r. svil the
id ii- ic'imftt i dra rlbrd to *atl?>"
1 1 c ili -p. Hid of plaintiff. I. E U
c <mm. loner will on Mon
ay the '.'1st d?\ of (H'tolm 194". a'
i o , .'clock A M Central Standard
offer for -ale anil sill at pub
I- outcry, at the courthouse iloor in
Murphy. the following piece anil par
ol ol land lying in Valleytown
I vnMiip. Cherokee County, contain
!n( one acre, it bouiE the same piecc
nd parcel of land conveyed to R. H.
^lowers by Linda Holland, as set
forth in a deed registered in office
f Register of Deeds for Cherokee
unty. in Deed Book No. 87. pace
ton Itinr part of tracts Nos 08 and
!>. bepinninc on a stake on the
~ !in" of 1?' Hand Creek, and run?
~:tsr 102 fei ? to a stake on the West
ii" ef the rond that leads
" ? n?c!"an House: thence North- I
? 'ardly with said road to the line
>* Nfvman: thence South with
aid - ?to the rrrek:
, " r'lwn the creek to the becinn
containiii" one arre more or less.
TV--. ? Mile rash Sale subject to
? ' - ? firmed by the court.
~ s S. pt. 18th 1940.
r P Now Commissioner.
1 9-4t-cbn>
TP th.e Di'f'ct Court cf the United
? of America for the Western
; pi ?> ? .-f North Cn -ollnE Ash"vi!l" I
D' vision. Civil No. S92. United statos ;
America 128 3 acres, more or
of '?id in Cherokee County.
" O ? . :? o C D: .t Fiank
' al Notice of Action by
?.-> ??? Stmmonc To: Na
iv N F . > Dockerv: T W. Dock
T Fain: Florence Fain
" -sl-.aw: Allen Hrmliree and John- I
? "? Hemfcree: M.mie E. Owenby and
o. Owenby : Bryant. Maureen
' h.-.sband. Herman Bryant, pos
ble adverse claimants. Petersburg.
T7t<'inna: Fannie Butt and husband
William Butt, nossible adverse claim -
m?s. Blue Ridpe. Georgia: Cooper. '
7 Frrr.i: : nd wife. Estelle Cooper,
nonents. Whitaker St..
? -anaii. Georgia: Croswell Helen
" inn Fain widow possible ad
? claimant. Atlanta. Georgia: ,
--.r.l.v Carolina Fain 'widow* pos
> adverse claimant. Atlanta. G<>or
?a: Fain Carolina, single. possible1
? ? c'nimar. . Atlanta. Georgia: ?
*????? D oti y Elizabeth, single, po*
nd-err.- claimant. Atlanta, Ga: j
r ? Floisp. - ncle. possible adverse !
T-. Greenville. S. C: Fair..
r!orn'? L. -ir.i le, pcssible adverse
el" mnnt. Atlanta. Georgia: Fair..
Harrv A ^rd wife. Jessie Fain, pos
siMe adverse claimants. Chattan
cotra. Tenr. ssee: Fain. Henry Gower. !
> inclc. possible adverse claimant. At
lanta. Ga: Fain. John M.. possible
adverse claimant. Greenville. S. C: j
Fnin. Mary Lucy, single. possible ad- ?
verse claimant. Atlanta. Georgia: !
Fain. Robert Parks, single, possible [
adverse claimant. Atlanta. Georgia:
Fain. Sara Fi ances, single, possible j
adverse claimant. Atlanta. Georgia:
Fain. Mrs. William Alva 'widow' i
possible adverse claimants. Gordon i
Ft . Atlanta. Georgia: Grady. Louise j
Fain and husband. Grady. |
possible advc se claimants. Philadel- ;
phia. Pennsylvania: Hembrec. Pin- I
lfv and wife. Mrs. Pinkey Hembree. i
po; lble adverse claimants and ad- '
i ? ;ning owners. Knoxville. Tennessee
McTaggart. Inez and husband. Z. R
McTasrgart. possible adverse claim
ants and adjoining owners. 714 Union
Avenue. Knoxville. Tenn: Sneed. R.
L. (widower), possible adverse claim
ant and adjoining owner. Route 4
Bakerr-field. California: Stringer. Su
san Kathleen and husband.
Stringer, possible adverse claimants. ,
Greenville. S. C: Sword. T. J. and
wife. Nannie A. Sword, adjoining
owners. Adell. Georgia: Umphres.
?Humphreys*. Ifcbie and husband. J.
H. 'Howe* Umphries 'Humphreys*
possible adverse claimants and ad
joining owners. Delano. Polk Coun
ty. Tennessee: Wooten. Virginia Fain
and husband. James Clements Woo
ten. possible adverse claimants. At
lanta. Georgia: Brown. Mary H..
sinele. proponent. Maddisonville.
Tennessee: Carter. G. B: Cooper. G
P: Comwell. James: Cornwell. Wil
liam: Deweesc. Jake: Trustee for
: J. R. Taylor: Fain. William Mercer:
j Humphryes. 'Hnmphris* Umphres
: James: Hyatt. R. H. and wife Tda
| M. Hvatt: James Hnttie Kneed and
husband. Eftop Jame-.: Johnson. V.
O: McDonald. J. L.. and wife. Gem
inrr< 'Jammina* McDonald: Sneed
TVtle: finecd. Charlie and wife.
SJ?uv J -uu Kiwul Sneed. Ella:
^n*td. OccrfW W and wUe. Synth:*
?:i ii ; sn* ed an wife.
? i. m. rti sited J Monro? and
? . Mtiiir onp*t! ; Sneed. Myrtle
id. .?-?'< U.. : Sneed Wilburn M
? n.' w if<H Pheoebe James Sneed:
Taylor. Campbell. Sr; and wife. Eliz
ibeth Taylor: Taylor Campbell. Jr:
Taylor Elizabeth: Taylor J. R. Tay
lor. Junes R: Woodbury. V
A. and wife. Pauline Wood
b.rv: Alexander. James: Carroll
America: Carroll. Coon: Dockery.
Ella: Fain. M: Hembree. Mollie
Snccd: Lovinpood. Callie: Ramsour |
A. A: Sneed. Ben M: Sneed. Harve:
Snerd. IF 'Isaac F >: Sneed. Jane*
Sneed. M P: Sneed. Marion J: Tay
lor. Campbell: Anderson. Mary and
husband. John A. Anderson: Appala
:'-iar Land and Lumber Company, n
North Carolina Corporation: Chero
k<" l>and Company: Cherok"'
Land and Lumber Company a
North Carolina corporation: Da cm5
Mary M K ' aid husband. Par.
Dacus: Hammond. Mary C: Ham
mfid, W. C: Hammond. W. J: Jon"s
O. F and wife. Fanny W. Jones'
Ramsour. Anna and husband. Danie'
A Ramsour: Hammond Wm. H'
end all persons whomsoever wh
have, or claim to own any estates o'
interests in the fee or otherwise if.
?nd to tlv premises described in the
petition filed in this cause and de
? ; 1 i'oed in this notice, and any and
all heir and devisees of the several
parties above named, whose nam'
and addresses arc unknown, an '
all and singular their heirs, hus
bands. wiv s. devisees, executors, ad
ministrators. representatives, alinecs
successors and assigns, of each an;l
every of them: and all unknown own
ers. lcinors. or claimants, having, o
claiming to have, any right, title,
estarte, equity, interest or lcin: and
all occupants. lessees, users, holders
and owners of and claimants to anv
rights of casement or prescription
in. over, across, or through said
lands, or any part thereof: you will
please take notice that an action
entitled as above lias been commenc
ed in the District Court of the United
S'ates for the Western District of
North Carolina, at Ashevillc. N. C..
that summons has been duly issued
out of said Court, and petition filed
therein asking for the condemnation '
of the lands described in the said
petition and hereinafter described i
that you. and each of you. are neces- :
sitry and proper parties to the jus
r.tid final disposition of this action: j
that said action has been instituted
by the United States Attorney for
the Western District of North Caro
lina for the purpose of the appropri- !
ation and condemnation by judicial :
process, for the public use and bene
fit of the United States of America
of the lands described in said peti
tion and herein below described,
under and by virtue of the provis- ,
ions of the Weeks Lay. Act of Con- 1
grr?s of March 1. 1911. Chap. 186
'36 Stat. 901' Title 1G. Sections 513.
521. 553. and 563 of U. S. C. A., and j
according to the methods and pro- i
cedure prescribed in the Act of Con
gress of August 1. 1888 '25 Statutes
257 '30 U. S. C. A.. Sections 257. 25<t
and 258-a': that the lands proposed ;
to be condemned and appropriated
by the plaintiff United States are
described substantially as follows:
Trac* No. 789. apparent and pre
sumptive owner beinfr O. C. Davis fc
J. Frank Cooper, containing accord
ins to survey 113.9 acres, situated in
Cherokee County. N. C.. on the wat
ers of Grape Creek, a tributary of
Hiawassee River, more particularly
described by metes and bounds in
Exhibit "A", and upon map or plat
Exhibit "B". attached to the petition
is this proceeding filed with the Clerk
of the United States District Court at
Asheville. ??. C: Tracts No. 1008-1.
1008-n. apparent and presumptive
owner being Mamie E. Owenby. con
taining according to survey 14 4
acres, situated in Cherokee County.
N. C.. on the waters of Shuler Creek,
more particularly described in metes
1 and bounds in Exhibit "A-l" and
| upon map or plat. Exhibit "B-l". at
i tached to the petition in this pro
j ceeding filed with the Clerk of the
j United States District Court at Ashe
ville. N. C: you and each of you are
hereby notified to be and appear at
the office of the Clerk of the United
1 States District Court for the
; Western D. strict of North Caro
I lina. in the United States
j Courthouse Building at Bun
combe County. N. C., not later than
: ? i!a: ? (cm mul alter tlx '
i :r!>h".on oi nervier of this sum
inons by publication for four '4'
Kucccsxivf weeks, and answer or de
mur to the petition or complain'
herein filed by the above named pe
; ! in the office of the said
.ind von are further notified
i :ha; if you fall to appear and answer
ur demur to the said petition or com
! plaint within the time specified the
petitioner will r>pply to the Court for
'he relief demanded in said petition:
v -nev the Honorable E. Y. Webb
Judge of the District Court for the
' Western District of North Carolina
?hi* the 19th day of .September. 1940
t. V. Jordan Clerk. By: W. A Lytic:
Deputy Clerk. <10-4t>
| NOTICE OF COMMISSIONER'S
SALE OF LAND I'NDF.R ORDER
OF THE COI KT
NOPTH CAROUNA.
CHEROKEE COUNTY.
Notice is hereby given that t li*~
?indersipned commissioner of the
Court, pursuant to an order and
nidcmcnt of the Superior Court o'
Cherokee County. North Carolina
<-n'r-rd at the June term. 1940 of the
Superior Court of said County, in a
"nco ntitled Hr.ftie L. Waldroup vs
Karl an Enlne and wife. Louise Enloe
and G^irpp Porter, will offer for
-nle and will soil to the highest bid -
e'er for cash at the Court house doo
in Murphy. North Carolina at 12 o'
clock noon on Monday the 28th dav
of October. 1940. the following d?
501'ibcr' land and real estate, to-wit*
A tract of land in the town of An
drews, North Carolina, containing
about five acres, known as the horn
place of the late J. \V. Porter bcin
the land described in a deed ciatei
the 11th dav of January. 1933. made
by J. W. Porter and wife. Flora Por
ter to R. M. Waldroup and wife. Hat
tie L. Waldroup: said deed being re
corded in the office of the Register
of Deeds of Cherokee County. N. C..
in Deed Book No. 107. at page 3.
This sale is made pursuant to an
order of the Superior Court of Chero
kee County above referred to and for
the purpose of satisfying an indeb
tedness due Hat tie L. Waldroup in
the sum of S2.770.93 with interest a:
C from June 20. 1940.
This the 21st day of September.
1940.
C. E. HYDE. Commissioner of the
Court. 1 10-4:-chg.ceh>
NOTICE OF SUMMONS
NORTH CAROLINA.
CHEROKEE COUNTY.
IN THE SUPERIOR COURT.
Cherokee County
VS.
E. McS. Hyde and wife. Mrs. E
MeS. Hyde.
The above named defendants. E
McS. Hyde and wife. Mrs. McS. Hyde,
and their successors in title, if any.
will take notice that an action en
titled as above has been instituted
by the plaintiff for the purpose of
foreclosing tax leins for the years
1932 to 1939. inclusive which said
taxes are a lcin upon those certain
lands in Shoal Creek Township.
Cherokee County. North Carolina,
and described as follows:
Being that certain tract of land
conveyed to E. McS. Hyde by E. H
Bf-ronc and wife. Lizzie BefgSn by
deed dated October 23. 1926. record
ed in the office of the Register of
Deed' for Cherokee County. North
C?rolina. in Book No. 89. at page
415. said tract of land containing
Eighty <80 1 acres, more or less, and
Being part of Lot No. 89 in Dis
trict No. 8. adjoining the lands of
| Roscoe Danner. John Pickleseimcr.
Renzy Coleman, and others.
or succt sol . .?! 0j j
vaiti. * 41.
T5lc ubovr <l' fi ,nUm ,
Unknown W tiw. j unj Hu. ?
iM. Exeruioi AUmmw^
Assignees. ami Si.. , Mirs , _ *s
j. w Aivar,,. W: Uk, nui!?; ; ?
an action entitled as above ha t
instituted by the plwntiH f? T
purpose of foreclosing tax leuU ? "
the years ol 1933 to 1939. taciu,,"*
which said taxes are a w? *
those certain lands in Murphy Tovr.
ship. Cherokee County. North Cir0.
lina. and described as follow
Those certain lands convey^ to
J. W. Alvarez ty M B Dockery ?m
wife, by deed dated March 1. ijw
recorded in Book 97. pace 219
Also, an undivided one-half it)
interest In and to those certain lan&
conveyed to J. W Alvarez and D E
Tucker by J. W. Woody and wite. t,
deed dated Septrmtxr 2". 1939 rt.
corded in Book 98 page 324. ref^r
ence to which records in the Ottic?
ol the Reeister of Deeds for Chno
kee County. North Carolina, is tnrtf
for fuller particulars and descrip
tion.
And said defendants v ill takt no
tice that they are required to appear
before the Clerk of Superior Court
of Cherokee County. North Carotcn,
a- his office In Murp ? North Caro
lina. on the 21st day of Octobn
194i>. or within twen; '20' day
thereafter and arawer or demur to
the complaint, OF the plaintiff till
r.pplv to 'he court f: r ? relief dt
romd <? in the complaint
Thi> the 2Cth ? ^eptembo.
1S40.
,i W. DONLEY. CI' vk Pnper:-:
Ccurt. (104#
AAA Farm Program
Follows Defense Idea
With national defence the para
mount issue In the country today,
the 1941 AAA farm program lias
been designed to tie in closely with
defense aims, says E. Y. Floyd. AAA
executive officer of State College
The new program, which lias jus;
been announced, will en-., hasize con
servation of the soil and the main
tenance of abundant supplies through
an ever-normal granary plan.
Based on recommendations of fax
er-committeemen who met in Well
ington earlier in the summer, the
1941 program will follow the ^ame
general lines of the 1939 am! 1940
programs.
j And said defendants will take no
I tice that they are required to appear
i before the Clerk of the Superior
: Court of Cherokee County. North
| North Carolina, at. his office in Mur
l phy. North Carolina, on the 21st day
I of October. 1940. or within twenty
j ? 20> days thereafter and answer or
] demur to the complaint, or the
j plaintiff will apply to the Court for
i the relief demanded in the com
j plaint.
This the 20th day of September.
1940. 1
J. W. DONLEY. Clerk Superior
? Court. (10-4t-chft*
! NOT1CF. OF SUMMONS
NOrtTH CAROLINA.
< CHEROKEE COUNTY,
IN THE SUPERIOR COURT.
Cherokee County
Vs.
j The unknown widow, heirs, devi
Small farmers' needs i.ave been
given further consider.! > ion in the
new program, Floyd said. For in
stance. the provision under which
at least S20 may be earned on any
farm through -conservation meas
ures will be continued in 1941. If as
much as S15 is earned bv planting
forest trees, any farm may receive
as much as S35 under t lie program
The program also provides that en
small farms where the maximum
payment is not more than S20. an?
part of the soil-btiilriinu allowance
may be earned bv carrying out loc
ally adapted conservation practices
not included in the National Pr0*
(tram.
This provision will be npplicable in
designated aTeas where needed, and
the practices for which payment
will be made in this special rrouP
will be recommended In local com
mitteemen.
Likewise, Floyd said, in artas v.;--*
feed crops arc not generally Pr0"
duced for market, any farmer may
grow as much as 30 acres of soil
depleting crops without incuring a
deduction for exceeding the total
soil-depleting acreage allotment.
Farm Questions
QUESTION: What is an ideal
school lunch?
ANSWER: An ideal school iUBC~
according to the State College Home
Demonstration Department, consist*
of one nourishing main dish, a
I or two ot mtik. a cooked or raw *cce
I tarble or fruit, bread and buttei era
sandwich, and a simple do v*
These lunches must provide ''
building materials for the ^ '
sues of the body, for sound W11 * 1
bones, and for good red blood. _
the same time, the food-; mi' ?'
a source of energy for growing- -
tivc children.