PAGE TWO THE FRANKLIN PRESS AND THE HIGHLANDS MACONIAN THURSDAY, MARCH ■ LEGAL ADVERTISING NOTICE North Carolina Macon County. IN THK SL I’F.KIOK COL RT HKIOKK THK CI.KKK J. I). I-'raiik>, Aciininistrutiir of Kllcii S. Franks, deceas'd. Minnie Powers, Mattie Hi{4(lon, Mack Higdon, Jcs>ie Murray, (i. W. Murray, J. U. Franks and wife Fanni-c Mat F'ranks, Mack I'ranks and wife I’earl Franks, Mattie Will liyrne and husband Cecil Byrne, Inez Koszell and husband Leander Ro'^zell, Catherine Ffcnry and hus band F. L. Henry, Jr., and Marg aret Franks. 'I'he defendants, Minnie Powers, Matti-e Higdon, Mack Higdon, Jes sie Murray, Ci. W. \furray, ^^ack F'ranks, Mattie Will I5yrne, Cecil Ryrne, Inez Koszell and Leander koszell, each and all of them will take notice that an action entitled as above has been commenced in tlie superior court of Macon f'ounty, North Carolina before the Clerk of the Superior Court to sell all the lands of which F.llen S. F'ranks ilied seized and possessed, situated in the County of Afacon and State of North Carolina, for the pur[K>se of paying the debts of said deceased and the costs of ad- ininistratinR said estate, and the >aid defendants Minnie Powers, .Mattie Higdon, M:uk Higdon, Jes sie Murray, (I. W. Murray, Mark l-'ranks, Mattie Will Byrne, Cecil Myrne, Inez Koszell and Leander Koszell, each and all of them will further take notice that he or she is required to appear at the of fice if the clerk of the superior court /f said county in the court house in F’ranklin, North Carolina, on the 14th day of \Lirch, 1936, and answer or demur to the com plaint in said action, three copies of which complaint or petition have been filed in the office of said clerk, or the plaintiff will ap ply to the court for the relief de manded in said ormiplaint. Dated this the 13th day of Feb ruary, 1936. HARLEY CABE, (. lerk Superior Court Macon ("ounty, North Carolina. F'20- 4tp—M12 ADMINISTRATOR’S NOTICE Having qualified as administrator of l^nma L. Bryson, deceased, late of Macon county, N. C., this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigni-d on ./r before the 7th day of F'eb- ruary, 1937, or this notice will be [ilead in bar of their recovery. All persons indebted to said estate will lilease make immediate settlement. 'I'his 7th dav .rrf February, 193(). CiF.O. B. PA'ITON, Administrator. F'13—f)tc—TWP—M19 LEGAL ADVERTISING ADMINISTRATOR’S NOTICE Having qualified as administrator of T. (I. Harbison, deceased, late of Macon county, N. C., this is to notify all persons having claims against the estate of said deceased to exhibit them to the undersigned 0.11 or before the 12th day of F'eb- ruary, 1937, or this notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement. 'I'his 12th day of F'ebruary, 193('). 'P. C. HARBISON, Administrator. J-'l.l—6tp—M19 NOTICE OF SALE North Carolina, Macon County (i, A. Mashburn vs. W. •/. Barker and A. B. Slagle .NOTICE OF SALE UMJEK EXECUTION By virtue of an execution direct ed to the undersigned coroner by the Superior Court of Macon County in the above entitled action. I will, on Monday, the 0th day of -\pril, 1936, at 12 o'clock. Noon, at the Courthouse door in F'r;inklin, North Carolina, sell to the highest bidder at public outcry, for cash to .satisfy said execution, all the right, title and interest which the said W. (i. Barker had in the lands hereinafter described, on the date of the docketing of the above en titled judgment or at anytime thereafter. Said judgment being docketed in the Office of the Clerk of the Superior Onirt of Macon County in Jtidgment Docket \\ page 72: BEGINNING an an apple tree (formerly a S. Oak); M. J. Bark er’s beginning corner; then S. 45 F'.. 12 poles to a stake in Pole Cat Branch; then in an East direction 104 i)oles to a locust on top of Mountain; then S. 32 W. 128 ix)les to a Black Jack (Henry Barker’s forner); then N. 82 \V. d/.Avn a ridgv with its meanders 30 poles to a S. Oak in the M. J. Barker old line; then S. (3 near South west 12 poles to a White Oak, then S. 84 W. Zi'A poles to a ..take in .Miller Creek; then up the creek with its meaniers to the mfnith (>f Pol(' Cat branch; then N. b7'/2 \V. 71/2 poles to a stake in the Creek; then N. 40 E. 11 poles to a stake in Creek; then N. 12 l.>^)les to a Maple; then up the creek with its meanders to a B. Oak; then ,S. 77 F.. 18 poles to a stake; then S. 40 W. 10 jwles to the FiF'.filXXING; containing about 6,t acres, more or less. This being the same land de scribed in a deed from W. (■ Barker and wife to Jim Clark and wife, said deed bearing date of 26 .August, 193.S, and registered in the Office of Register of Deeds for .Macon County in Book of Deeds .X-4, page 398. 'I'his 27th day of F'ebruary, 1936. c. M. ^ioorf; ('oroner of Macon County M12-4tc J&J-42 NCrnc'K Ol' ACTION BY PLIJ- LIC.ATKJN OF SUMMONS; In the District C^ourt of the United States of America for the Western District of North Carolina-Asheville Division of Law No 324 United States of America, v. 7,4/J5.3 acres /)f land in Macon, Clay and Swain Counties, North C'arolina N'antahala I’ower and Light C(jmpany, et al. - TO: Cherokee Hardware Co; widow of Arthur Addington; A. J’. Bailey; Julian T. Baker; husband of Mattie liates; J. H. Blackwell; (I. 11. Bryant; John Burnett and wife; F. P. Cochran and wife; Joe i Conley; Cooper heirs; spouse of l.assie Kelly Cunningham; IWrothy Davidson; R. W. DeHart and wife; Wesley Dill and w’ife; Grady Du vall and wife; F>vin Easton; Mrs. 'I'imoxena F.lias; James F'owler; Jane F'.vans and husband; James F'outs and wife; C'harles 1'. F'rost and wife; O. L. Garrison and wife; J. W. (Jregory and wife; Ne.:il Hay and wife; Ideal .Motor Company; Jo. I). Jones and wife; S. L. Jones, ,-\dm.; A. F'. Kinby and wife; 'f. H. Lackey and wife; C. M. Lambert and wife; 1). M. Lunsford and wife; A. A. J. McCoy; J. H. .Mason; C. B. Medford; C. A. Mor gan and wife; wife of Boyce Mun clay; J. .-\. Munday and wife; John Neal and wife; North Ciirolina 'I'alc & Mining C'o; P. H. Pass- more; W. T, Passmore and wife; R. J. Roane and wife; wife of Julius S. Robinson; J. \V. Roland and wife; J. A. Rowland and wife; C. 1). Seay and wife; Allen Siler; L. J. Siler and husbantl; Mrs. .\nnie Sloan; B. A. Smith and wife; .M. K. Smith and wife; C'l. H. Stepp and wife; .A. B. Stewart and wife; 'I'allassee Power Co; 1). M. Tessier, Jr; .\I. \’. Abernethy and wife; 'I'erry Bland Allwood; Ash ley L. liaker, Jr; Minnie F'itch Haker; J. F'. Blackwell; R. F'. lireedlove and wife; F'rancis M. Burch and wife; Carolina Alum inum Cxj. Commissioner of Banks; \V. B. Conley; John Cope; Pegram Dargan and wife; wife of E. L. De Hart ; wife of Roger Alexander Dewar; husband of Hertha Duvall; Johnnie Duvall and wife; A. I). F'.d- wards and wife; '1'. J. Blane and wife; Martin F'.ller and wife; J. M. F'orrester and wife; '1'. '1'. Hall; A. M. F'rye; .Andy Ciregory and wife; Zach Ciuffey and wife; spouse of ^f. M. Hicks; CL F'. Johnston and wife; Lewis Jones and wife; Mrs. 1'.. R. Kinnebrew; Knight; Jim l.ail and wife; David Lunsford and wife; R. Y. Mc.^den, Jr., and wife; E. L. McKee and wife; Mark May; William F. Merz and wife; L. A. Morgan heirs; Earl Munday and wife; Nantahala C!ompany; A. S. Nichols; '1'. W. Owenby and wife; W. C. Passmore and wife; Mrs. Mamie Slagle Pat ton ; Robertson and Owenby; hus band of Mamie Rogers; H. Row land; 'I'he Sapp Heirs; G. H. Seay and wife; spouse of Freda Siler; C'. W. Slagle and wife; William Sloau and wife; wife of J. M. .Smith; A. S. Solesby and wife; L. C. Stepp and wife; wife of Hall Swain; jini 'I'aylor and wife; J. W. Totherow and wife; Western North Carolina Land Co; 'L. L. Wilkie and wife; Paulin€ Willis and hus band; S. Ci. VV'ishon and wife; J. J. Woodard; (ieorge W. Yonce and wife; William Younce and wife; Blake Addington and wife; George B. Carhard and wife; James I). Carhard and wife; William FL Car- hart, Jr., and wife; J. M. Clement and wife; M. L. Clement and wife; C. C. Daniels and wife, Mary R. Daniels; John H. Ellsworth and wife; D. R. Franks and wife, S. I. F'ranks; Hiawassi Motor Cx); Wil liam D. Flabart and wife, Kate Hobart; ^[rs. Tim Kilgo and hus band ; D. H. Lohnian and wife. Josephine Lohman; James McAl- legal advertising lister and wife, Betty Sloan Mc Allister; Daniel McKoy and wife. Dove McKoy; Mrs. Hattie Moore, widow; Miller -M^ore and wite I evi B. Nelson and wife, Eliza At. Nelson; James N. 9"'enby an wife- E. H. Potter and wife; MJ-ry Ann’ Reid and husband; .Char es Runnette and wife; Anniewll Siler and husband; Rev. E. L. S'ler aiid wife; C. S. Sloan and wife, buU Sloan ; 'I'imoxena Sloan and spou^ , W N. Sloan and wife, Beulah Sloan; W. A. Sparks; Ed. Roo Stamps and wife; Frank Sumerour and wife; J. S. Wilcox and wife Elizabeth K. Wilcox; J. /. Wnght and wife, Alice Wright; James G .Abernethy; W. L. Allison and wife, Julia .Allisfm; James Baker; Elihu Barnes and Co. I. N. B-eards- dale;0, Be«cher, Jr.; E. S. Bowers; ^ P Bradley; Samuel Bryson & Co- Matilda D. Burnett; George F. Caler; Catharine D. Collins; Mac Wood Compton and husband; M. C. C'urtis; Cushing & Chapman; John M. Davis; Allen DeHart; J P. DeFIart; Lorinda T. DeHart; Westvelt and Henderson; W. B. W'ilson and wife; I. C. Wilsori and wife; W. Crawford Woodard and wife; D. A. Younce and wife; J Yonce and wife; Woodrow Younce and wife; Ruth Addington and husband; H. B. Carhard and Company; Louisa K. Carhart and husband; Julia D. Charles, 'frustee Estate, Charles L. Frost; W. N. C'lienient and wife; Margaret D’Onofrio and husband, M. J. D’Onofrio; J. C. Forrester and wife; Cieneral Graphite Co; L. H. Hall and wife; Lodowick J. Hill and wife, M. Ruth Hill; George Hubbard and wife, Sara M. Hub- hard; M. W. Manahan and wife; James .A. Martin and wife; A. J. .McBride and wife, Fannie M. Mc Bride ; Norman G. McLoyd and wife; J. W. S. Moore and wife; Marion Moore and wife; W. T. Moore and wife; Hugh Oliver ,and wife, (irace Oliver; Campbell W. Pinkney, Executor; Daniel Rav- enal; \V. T. Reid and wife; W. S. Saul and wife, Lou C. Saul; J. G. Siler and wife; Eleanor Sloan and husband; J. R. Sloan and wife, Lois Sloan; Chaunoey Smith and wife; Southern Railway Co; B. H. Sprinkle and wife; S. G. Stoney; K. V. Vail and wife; T. E. Wiley and wife; A. B. Woodard and wife, 1. D. Woodard; Charles H. Wyatt, Executor; Samuel Young and wife, Addington; Mary D. Am mons and husband; Ida Angel and husband; Baker Lumber Company; J. S. Barnes; J. W. Bpecher; J. H. Blackw-ell; Andrew Bradley; J. W. Breedlove; James Burnett; Wm. A. Burnett and wife; J. E. Coburn; James M. Collins; Cliza Curtis; Ci. E. Crowell and wife; A. A. Davis; Wm. F. Davis; H. T. DeHart; J. W'. DeHart and wife; William De Hart; C. R. Douthit and wife; John Cr. Eve and wife; Frank Fessen den; J. A. F'orrester; Laura F'owler and husband; Ellen Green and hus band; Mariam Hall; R. M. Henry and wife; S. J. Herren; Cain Hig- ,gins; F'lora Higgins; Katie Higgins; Higgins; J. C. Howard; Mont Huff; John A. Innes; J. R. Johnson; S. D. Kelley, 'I'rustee; W. C. Kimsey; Stanford Lea and wife; J. AL Lowery & Co; Henry Mar tin; M. il. May; Iowa McCoy and husband; J. J. McLean; Christian Motz; j. a. Miller; Jam'es Mitch ell; John C. Aloore; J. H. Morgan; M. E. Morgan; Nantahala Lumber & Mfg. Co; P. A. Owenby; C. A Pace; B. R. Patto; W. J. Reed- I Jacob A. Rolandi Joseph Roland; Mary Rowland; W. S Roper; Martha Sherman; C.’ W w "vV -r J”*® Stepp; Taylor; Alexander Truitt; Truitt; Ellen wtu I’ Watkins; Thomas Welch & Co; Jeff Wikle; Ralph Wood; r. H. Wood; ^L Woodward; G. W. Yonce; M L Yonce; Arthur Addington; Allen Ammons; Syntha Ammons; Elihu Barnes; C. D. Bowers; H B Car hart; Louise H. Clement; Samuel Conley; Wm. M. Davis; Emma Herbert Fessenden; T. J. Herbert; den WTIl■“ t ^^5"P'eton Fess.en- cien, William Fessenden- W A Forrester; L. 'r. Grant; J.' h' \!J^Sory W. A. Haskins A h' EmTuPr ""'i husband Ettie Higgins; J. W. Higgins’ Slagle Higgins; Arthur Holden^ w’ H. .Howard; Elvira Hunnicut’t • pristopher Johnson; Sam L Ke ’ ley; Dav.dN. Kilpatrick Id w^fe C. M Lambert; J. R. Lindsay m’ Martin- c: C blncU^M^’ Stella McCoy aAd hut Millet ^ McLean; C. M ler- Rofa^l'i^^h"n ’ ^,'^=‘''garet Mil- f ’W \f : Nancy Moore - Lnv ?.“,‘=^hala _Com- Pany, Nantahala Railroad mZ and Trans. Co; W M P - uel Reed; W. T. Reed Trsi/- R si£ Cathari nne Co; W. M. Pace; Sami Reed ~ olanc 1 R; T. P. Siler; Southi I'".' Welch - r Calhe T vv-T ’ rr. Whittier -and wife - T C Wilson; Tava Wood; C, J Voof: LEGAL advertising ard- wife of W. C. Woodard; J. M Yonce; Union Development Co; Ella Addington ;.Ephnam Ammons ; Ashby L. Baker; Jacob Bateman, F S Bow'ers; Wilham E. Carhart, IbSn, Mary f William DeHart; Charles ; W H. Herbert; Moses Sophia Hude; N. S^./tr/^V^rtin • Lindsey and wife; Walker M. ^ > C. W. McCloud; L. A. Morgati. P. Munday; 'f. S. Moore - W. W. Pacek; Martha Sea- Holt- 'f L Siler; Thaddeus P- ^ler’- Julius Siler; 'I'imoxena Sloan; j' S. Sloan; Franklin Sutn- merour; Virginia S^pson, John W Truitt; T. H. Wood; Nancy Higgins; Lee A. Jarrett; Iowa Keener; Isaas Martin; McAden; Aaron Miler; Addie Munday; S. A. Munday; Roxena Moore; Stephen Pace; John Sand ers; L. K. Shields and husband, T R. Siler; Leon Siler; C. W. Slagle; W. W. Sloan; E. R. Stamps; Washington Sutherland J. V. Trammell; Stephen Whitaker 'William Yonce; and all whomsoever who have, or claim to own, any estates or interests m 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 a( - dresses are unknown, and all ancl singular their heirs, husbands, wives, devisees, executors, admin- strators, representatives alienees, successors and assigns, of each and every of them; and all unknown owners, lienors, or claimants, hav ing, or claiming to have, any right, title, estate, equity, interest or lien; and all occupants, lessees, users,-holders and owners of and claimants to any rights or easement or prescription in, over, across, or through said lanc^„ or any part thereof; you will please tdke 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 p-etition filed therein asking for the condemna tion of certain lands described in said petition and hereinafter de scribed; that you, and each of you, are necessary 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 'VVestern District of North Carolina, on be half of the United States, for the condernnation of said lands describ ed in the petition in said proceed ing under and by virtue of the provisions of the Act of Congress of August 1, 1888, (25 Stat. 357, 40 U. S. C. A., 257, .258 and 258-a) That the lands proposed to be con demned and appropriated by the plaintiff United States are describ ed substantially as follows : Nanta hala Power and Light Company Tracts; all that tract of land con taining according to survey 5,486.0 acres, and designated by the Na tional Forest Service as Tract No. 143, Nantahala Unit, Macon County, North Carolina, in Nantahala 'I'own- ship, on the waters of Nantahala River, being fully described in the petition filed in this proceeding, and as set out in an option to convey to the United States dated May 30, 1934, and filed as an ex- hibit to said petition; tracts No.' 143b, and No. 143b-.I, all that cer tain ^ tract of land containing ac cording to survey 178 acres, being designated by the National Forest Service as tract No, 143b, and 143b-l Nantahala Unit, Macon County! North _ Carolina, in Nantahala iow'nship, upon the waters of Lee Branch, and being entirely covered s. s. 19, 1101, 3327,-3554, ?7Q89 ^ 15286, 15781 and 17982, and being the same lands fully described in the petition filed in this proceeding, and fully set -/"i 'c" °Pt‘0" to convey to the United States dated May 30, 1934 and fi ed as an exhibit to said peti- mT’ No. 143d, No No^’ ur 11’ '43h, No. 143i; all that tract of land hab^ n"? Nanta- hala Unit, Macon County, North Carolina, situate,. lying and being on the waters of Nantahala River about one-half mile North of 15307, 18074^ and' Sg scribed in the petition filed in this proceeding and as set out in an RK’er°”anH\r„^:i Nanta- au that t: land containing according to md entirely' ered by state grants 3534 and 17'^4« the petition fid in thi?"^^"'l >ng; tract No 143k In of land containing’3^^? to survey, and beifg t!a’t No° located in the rf •• County, LEGAL advertising waters of Nantahala River, ing covered by state grants 8j 7946, 7947, said tract being described in the petiti-on ji|| this proceeuing ana the opt,, convey to tne United Stalest May 30, 19J4, and tiied as j, hibit in said proceeding; tracL 143m, No. l43n, all that tn land containing according to s 144.0 acres, located in the .1 hala Unit, Clay County, Nort], olina, and designated by the F'orest Service as tracts No. and 143n, situate, lying anu about mile east ot Tusqi Gap, on the waters of C'lear ( and completely covered by grants 3072 and 7949, 85. 27ffl 14110, being further describs metes and bounds in the pe filed in this proceeding; tract 143o, No. 143p; all that tni land containing according to s 219.9 acres, located and ben Nantahala Unit, Macon C( North Carolina, on the wat« Red Marble Creek, and Briei Creek, and fully covered bv t 3408, 7116, 7736, 8177, and 152% further described by metes bounds in the petition filed || proceeding and by option to a to the United States under di May 30, 1934, being tracts No, and No. 143p; tracts No. 143i( 143r, all that tract of land cot ing according to survey 303.7; located in Nantahala Unit, S County, North Carolina, anj signated by the National Fon Tracts No. 143q and 143r, am ing situate on the waters of S; hala River about one-half mik of Nantahala Postoffice and i: tirely covered by grants 1441, 8426, and partly covered by t 1107, 2171, 8108, 9909 and 118U, being further described by s and bounds in the petition fiS this proceeding in the office# Clerk of the U. S. Court at- ville, N. C.; tracts No. 143s, ll] that tract of land containing acres, located in. Nantahala Swain County, North Carolitii designated as tract No. 143s, 143t, by the U. S. Forest se said tracts being situated in' ser Creek post office, on the 'Crs of Nantahala River, coven J. R. Siler 62 acre grant 48, and fully described by metei bounds in the petition filed ii proceeding in the office of thel of the U. S. Court ,at Asheville,! tracts No. 143u, No. 143v; that tract of land containii cording to survey 111.0 acres, designated by the National F service .as tracts No. 143u, an; 143v,' located in Nantahala Ui Swain County, North Cjp about three fourths of a northeast of Almond, on the» of 'furkey creek, and being w by state grants 3010 and 81® further described in the pE filed in this proceeding in tit fice of the U. S. District Cot -Asheville, N. C.; tracts No, No. 143x, all that tract of lanil taining according to survey acres, located in Nantahala Swain County, North Carolina signated by the Forest Seni tracts No-. 143w, No. 143x, si! lying and being on the wate Nantahala River in said count; covered iby grants 243, 245, 24? 8108, and being further dec by metes , and bounds . in the tion filed in this proceeding ii office of the Clerk of the ( Court at Asheville, N. C.; trace 143y, 143z, all that tract ot containing according to survei acres, located in, the Nanti Unit of the National ForeS Swain County, N. C., designate the U. S. Forest Service as 'No. 143y and No. 143.2, said being located in Nantahala t .ship about one-half mile soutt of Needmore post office 0® waters of Licklog Creek and > oovered by grants 1377. 137&' 8108 and 12892, and .being described by metes ,and ibofln^ the petition filed in this pr»' ing in the office of the the U. S. Co,urt at Asheville,' Yotj and each of yctu are k* notified to be and appear office of the Clerk of the I' States District Court for the " ern District of North CaroW the United States courthouse# ing at Asheville, Buncombe 0>, North Carolina, not later th?i (10) days from and after the' pletion of service of this suit* by publication for four (4) sive weeks, ,and answer or ® to the petition or complaint filed by the above named in the office of the said CleA you are further notified that fail to appear and answer mur to the s^aid petition o.L plaint within the time specif*^? petitioner will apply to the. for the relief demanded iij, petition; witness the honora® Y. Webb, Judge of the R Court for the 'Western North Carolina, this the 21s‘ of. February, 1936, and the y'i our Independence the 160th- ^ Jordan Clerk, By O. L. Deputy Clerk, M5-^tc—M26

Page Text

This is the computer-generated OCR text representation of this newspaper page. It may be empty, if no text could be automatically recognized. This data is also available in Plain Text and XML formats.

Return to page view