Newspapers / The Cherokee Scout (Murphy, … / Oct. 10, 1940, edition 1 / Page 14
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LEGAL NOTICES -? NOTICE or SALE NORTH CAROLINA. CHEROKEE COl'NTY ? Vndrr and by virtue of that cer tain Deed of Trust executed by T. W. Dockery to I) H. Tillltt. Trustee. on ihe 5th day of June. 1931. and re corded in the Office of the Register of Deeds for Cherokee County. North Carolina, in Book of Deeds of Trust No. 103. page 232. defaul' having been made in the payment of the in debtedness secured thereby, and de mand for 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. Tillltt. Trus tee. deceased will on Monday the 7t'n day of October. 1940. at 11 00 A M. C. K T. offer for sale to (he highest bidder, for cash, the following des cribed property: I vine and brini; in Cherokee Coun ty. North Carolina, and bounded and deseribrd as follows: R'inc a portion of the Fain Dona tion and bounded and more particu larly described as follows: BEGINN ING on a Pine corn? r of C S Rose's land and runs thence N 61 W. 114 poles t,i a Hickory: thence N. 150 W 77 poles to a Chestnut and stake: thence N CI W. 100 poles to a Hick ory and stake passing a laree White Oak on the ridqe at 72 poles: thence S 28 W 100 poles, more or less, to a rock on a branch: thence S. with the meanders of the branch to the Henson Donation line: thence E. 150 poles with Donatio;! line to the BEGINNING. Containing 149 acres, more or less. For futher description see deed from W. F Roberts, et ux to Thos. W. Dockery. dated 8-5-1901. and re corded In Book Nc. 33. page 488. records of Cherokee County. N. C. Tliis 7th day of September. 1940. Rosa Judson Rodgers Tillitt, Exe cutrix of the Last Will and Testa ment of D. H Tillitt. Trustee, deceas ed. (8-4t) PlTiLISHERS SWORN STATEMENT NORTH CAROLINA, CHEROKEE COUNTY. In the mat tor 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 of chapter one hundred seventy (178) of the Public Laws of North Carolina, 1939 C1D39 code, section 2586 (a) et seq). The Cherokee Scout (news paper). published at Murphy. N. C. (post office address) by Victor C. Olmsted (publisher) hereby files the following sworn statement: Victor C. Olmsted, being first duly sworn, states that he is the Publisher of the Cherokee Scout 'newspaper) and is duly authorized to make this sworn statement: that the said news paper is a newspaper with a general circulation to actual paid subscrib ers: that said newspaper has been and is admitted to the United States mails as second class matter at Mur phy in the County of Cherokee: that the said newspaper has been regu larly and continuously issued in the said county at least one day in each calendar week for at least twenty five of the twenty six weeks imme 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 Superior Court of Cherokee County, North Carolina, this 13 day of Sep tember, 1940. JOHN DONLEY. Clerk of Superior Court. NOTICE OF SALE OF LAND NORTH CAROLINA. CHEROKEE COUNTY. IN THE SUPERIOR COURT. NO. 1497. Cherokee County. Plaintiff, Vs R. H. Flowers, and wife. Mrs. R. H. Flowers, and all peirons claiming any interest in the lands involved in this action. Defendant?. By virtue of an order and decree entered in the above entitled cause of action by the Clerk of the Superior Court for Cherokee County, on September 16 1940. ordering tnd decreeing that the undersigned F H Nor veil. Commissioner, sell the liincls hereinafter described to satis fy the demands of plaintiff I. E B Norvell. Commissioner, will on Mon day the 21st day of October 1940. at 10 o'clock A. M Central Standard Time, offer for sale and sell at pub lic outcry, at the GfKSTthCUSS door In Murphy, the follow ins piece and par cel ol land lying in Valleytown Township. Cherokee County, contain ing one acre, it being the same piece and parcel of land conveyed to R. H Flowers by Linda Holland, ars set forth in a deed registered in office of Register ot Deeds for Cherokee County, in Deed Book No. 87. page 408. teing part of tracts Nos. 98 and 99. beginning on a stake on the Fast line of Holland Creek, and runs Fast 102 feet to a stake on the West side of the road that leads?? Creaseman House; thence North veslardly with said road to the line of W. M. Newman: thence South with ^aici to the creek: thence down the creek to the beginn ing. containing one acre more or less. Terms of sale rash. Sale subject to j to be confirmed by the court. This Sept. 18th 1940 E. R Norvell. Commissioner. ,9-4!-ebn'> In the District Court of the United Stales of Amerien for the Western District of North Carolina. Asheville Division. Civil No. 192. United States of America v. 128 3 acres, more or less of land In Cherokee County. North Carolina. O. C Davis, J. Prank Cooper, et a!. Notice of Action by Publication of Summons: To: Na than <N. E.^ Dockery: T. W. Dock ery: Jasper L. Fain: Florence Fain Harshaw: Allen Hembree and John nie Hembree; Mante E. Owenby and Georce O. Owenby: Bryant. Maureen and husband, Herman Bryant, pos sible adverse claimants. Petersburg. Indiana: Fannie Butt and husband William Butt, possible adverse claim ants, Blue Ridge. Georgia: Cooper, J. Frank and wife. Estelle Cooper, proponents. 2240 M, Whitaker St. I Savanah. Georgia: Croswell. Helen | Frances Fain (widow) possible ad- | verse claimant, Atlanta. Georgia; Dunlap. Carolina Fain (widow) pos sible adverse claimant. Atlanta. Geor gia: Fain, Carolina, single, possible adverse claimant, Atlanta. Georgia: Fain, Dorothy Elizabeth, single, pos sible adverse claimant. Atlanta, Ga; Fain. Eloise. single, possible adverse claimant. Greenville. S. C; Fain. Florence L . single, possible adverse claimant, Atlanta, Georgia: Fain. Harry A. and wife, Jessie Fain, pos sible adverse claimants, Chattan ooga. Tennessee; Fain, Henry Gower. single, possible adverse claimant, At lanta. Ga; Fain, John M., possible adverse claimant, Greenville. S. C: Fain, Mary Lucy, single, possible ad verse claimant, Atlanta, Georgia: Fain. Robert Parks, single, possible adverse claimant. Atlanta. Georgia: Fain, Sara Frances, single, possible adverse claimant, Atlanta, Georgia; Fain, Mrs. William Alva (widow) possible adverse claimants, Gordon St., Atlanta, Georgia; Grady. Louise Fain and husband. Grady. possible adverse claimants, Philadel phia, Pennsylvania; Hembree. Pin key and wife. Mrs. Pink ay Hembree. possible adverse claimants and ad joining owners. Knoxvllle, Tennessee: McTaggart. Inez and husband. Z. R McTaggart. 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. Bakersfield. 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'*. Ibbie and husband, J. w. 'Howe> Umphries 'Humphreys) possible adverse claimants and ad joining owners. Delano. Polk Coun ty. Tennessee: Wooten, Virginia Pain and husband. Jurmes Clements Woo ten. possible adverse claimants. At lanta. Georgia: Brown. Mary H.. single, proponent. Maddisonville. Tennessee: Carter. G. B: Cooper. G. P: Com well. James: Comwell, Wil liam: Deweese. Jake: Trustee for J. R. Taylor: Fain. William Mercer: Humphryes. (Humphrlst Umphres. James: Hyatt. R. H. ?cnd wife. Ida M. Hyatt: James Hattie Sneed and husband. Efton James: Johnson. V. Q: McDonald. J. L.. and wife. Gem inee fJammina) McDonald: Sneed Bettie: Sneed, Charlie and wife. Mary Jane Sneed; Sneed. Ella; Sneed. George W and wife. Synthia Sneed: Sneed Jonas and wife. \ leniia Sneed: Sneed. J. Monroe and wife. Molile Sneed: Sneed. Myrtle: Sneed. Stella: Sneed. Wilburn M and wife. Pheoebe James Sneed: Taylor. Campbell. Sr: and wife. Eliz abeth Taylor: Taylor Campbell. Jr: Taylor Elizabeth: Taylor J. R. Tay lor. Jamm R: Woodbury, U. A and wife. Pauline Wood bury: Alexander. James: Carroll. America; Carroll. Coon: Dockery. Ella: Fain. M: Hembree. Mollie Snerd: Lovinnood. Callie: Ramsour. A. A: Sneed. Ben M: Sneed. Harve: Sneed. IF. 'Isaac F.>: Sneed. Jane Sneed. M. P: Sneed. Marion J: Tay lor. Campbell: Anderson. Mary and husband. John A. Anderson: Appala chian Land and Lumber Company, a North Carolina Corporation: Chero kee Land Company: Cherokee Land and Lumber Company, a North Carolina corporation: Dacus. Mary iM. E.> and husband. Part Dacus: Hammond. Mary C: Ham mond. W C: Hammond. W. J; Jones. O. F: and wife. Fanny W. Jones: Ramsour. Anna and husband. Daniel A. Ramsour: Hammond. Wm. H: and all persons whomsoever who ha-i-o. 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 de scribed in this notice, and any and all heirs and devisees of the several parties above named, whose names i and addresses are unknown, and \ all and singular their heirs, hus I bands, wives, devisees, executors, ad ministrators. representatives, alinees. successors and assigns, of each and | every of them: and all unknown own ers. leinors. or claimants, having, or claiming to have, any right, title, estarte, equity, interest or lein: and all occupants, lessees, users, holders and owners of and claimants to any rights of easement or prescription in. over, across, or through said lands, or any part thereof: you will please take notice that an action I entitled as above has be?-n commenr- j ed 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 j out of said Court, and petition filed therein asking for the condemnation of the lands described in the said petition and hereinafter described that you, and each of you. are neces sary and proper 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 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 gress 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 methods and pro cedure prescribed in the Act of Con gress of August 1. 1888 (25 Statutes 357 (30 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 described substantially as follows: Tract No. 789, apparent and pre | sumptive owner being O. C. Davis & J. Frank Cooper, containing accord ing 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. N. 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 and bounds in Exhibit "A-l" and upon map or plat Exhibit "B-l", at tached to the petition in this pro- 1 ceeding filed with the Clerk of the 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 States District Court for the Western District of North Caro lina. in the United States Courthouse Building at Bun combe County, N. C., not later than trn <10? days from and after the compaction of service of this sum mons by publication for four (4) successive weeks, and answer or de mur to the petition or complaint herein filed by the above named pe titioner In the office of the sa'd Clerk, and you are further notified ? that if you fail to appeirr and answer ' or demur to the said petition or com plaint within the time specified the petitioner will apply to the Court for the relief demanded in said petition: witness the Honorable B. Y. Webb. Judge of the District Court for the Western District of North Carolina, this the 19th day of September. 1940. J. Y Jordan. Clerk. By: W. A. Lytle: Deputy Clerk. <10-4t> NOTICE OF COMMISSIONER'S SALE OF LAND I'NDER ORDER OF THE COURT NORTH CAROLINA. CHEROKEE COUNTY. Notice is hereby ziven that the undersigned commissioner of the Court, pursuant to an order and Judgment of the Superior Court of Cherokee County. North Carolina, entered at the June term. 1940 of the Superior Court of said County, in a case entitled Hattie L. Waldroup vs. Harlan Enloe and wife. Louise Enloe and George Porter, will offer for sale and will sell to the highest bid der for cash at the Court house door in Murphy. North Carolina at 12 o' clock noon on Monday the 28th day of October. 1940, the following de scribed 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 home place of the late J. W. Porter beine the land described in a deed dated the 11th day 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 Hattie L. Waldrojp in the sum of $2,770.93 with interest at 6% from June 20, 1940. This the 21st day of September. 1940. C. E. HYDE, Commissioner of the Court. (10-4t-chg.ceh) NOTICE OF SUMMONS NORTH CAROLINA, CHEROKEE COUNTY. IN THE SUPERIOR COURT. Cherokee County VS. E. McS. Hyde and wife, Mrs. E. McS. 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 leln 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. Berong and wife, Lizzie Berong, by deed dated October 23, 1926, record ed in the office of the Register of Deeds for Cherokee County, North Carolina, in Book No. 89. at page 415, said tract of land containing Eighty (80) acres; more or less, and Being part of Lot No. 89, in Dis trict No. 8. adjoining the lands of Roscoe Danner, John Pickleseimer, Renzy Coleman, and others. And said defendants will take no tice that they are required to appear before the Clerk of the Superior Court of Cherokee County. North North Carolina, at his office in Mur phy. North Carolina, on the 21st day of October. 1940. or within twenty (201 days thereafter and answer or demur to the complaint, or the plaintiff will apply to the Court for the relief demanded in the com plaint. This the 20th day of September. 1940. J. W. DONLEY. Clerk Superior Court. (10-4t-chgl o NOTICE OF SUMMONS NORTH CAROLINA. CHEROKEE COUNTY. IN THE SUPERIOR COURT. Cherokee County Vs. The unknown widow, heirs, devl sees or successors In title of J vv. to. varez. The above named defendant?. the Unknown Widow. If any. Heirs. De visees, Executors. Administrators Assignees, and Successors in Title ot J. W. Alvarez, will take notice th*t an action entitled as above has been instituted by the plaintiff for ule purpose of foreclosing Ux kins tor the years of 1933 to 1939. inclusive which said taxes are a leln upon those certain lands in Murphy Town ship. Cherokee County. North Caro lina. and described as follows: Those certain lamds conveyed to J. W. Alvarez by M. B. Dockery and wife, by deed dated March 1. 1929. recorded in Book 97, page 219. Also, an undivided one-half t>, > interest in and to those certain lands conveyed to J. W. Alvarez ant! D. E. Tucker by J. W. Woody and wife, bv deed dated September 27. 1929. re corded in Book 98. page 324. refer ence to which records in the Office of the Register of Deeds for Chero kee County. North Carolina, is made for fuller particulars and descrip tion. And said defendants will take no tice that they are required to appear before the Clerk of Superior Court of Cherokee County. North Carolina, at his office in Murphy, North Caro lina. on the 21st day of October. 1940. or within twenty <20 > flarva thereafter and answer or demur to the complaint, or the plaintiff will apply to the court for the relief de manded in the complaint. This the 20th day of September. 1940. J. W. DONLEY. Clerk Superior Court. <10-4t-chg. NOTICE OF SALE Under and by virtue of a judgment of the Superior Court of Cherokee County, made in an action entitled "Cherokee County vs. I. W. Kearns, et als". foreclosing the lien of cer tain taxes due Cherokee County and condemning the lands hereinaf ter described to be sold for the satis faction thereof, the undersigned Commissioner will, on Monday Oc tober 7th, 1940, at 11:00 A. M.. C. S. T., at the Courthouse door in Mur phy, N. C., offer for sale, to the highest bidder for cash, that certain tract of land lying aaid being in Val leytown Township, Cherokee County, N. C., adjoining the lands of Luther McKinney and others, and more par ticularly described as follows: BEGINNING on a Maple a corner of Luther McCaig's (McKinney's) lot and runs West with said line 151 feet to a stake; thence North 3 1-2 West, 120 feet to C. M. Slagle's line: thence with said line East 151 feet to a large poplar stump on the bank of a branch; thence up the said branch with its meanders to the BEGINNING. Containing ONE-HALF ACHE, more or less. And being the same lands convey ed to I. W. Kearns by C. H. Almond and wife. Beckie Almond, by deed dated August 11, 1919, same being recorded in the Office of the Regis ter of Deeds for Cherokee County. N. C.. in Deed Book 73, page 194. ref erence to which Is hereby made for more complete description of said lands. This the 7th day of September. 1940. C. E. HYDE. Commissioner. <8-4t> EXECUTOR'S NOTICE Having qualified as the executor of the estate of Mrs. R. H. Mlngiis, deceased, late of Cherokee County. North Carolina, this Is to notify persons having claims against the estate of said deceased to exhibit them to the undersigned at Murphy, North Carolina, on or before the 30th day of August, 1941, or this notice will be pleaded In bar of their re covery. All persons indebted to sa-d estate will please make lmmedia payment. This the 30th day of August. 1940. A. J. RAMSEY, Executor of Mrs. R. H. Mlngus. (G-6t-c*
The Cherokee Scout (Murphy, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 10, 1940, edition 1
14
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