^URSDAY, SEPT. 24, 1936
THE FRANKLIN PRESS AND THE HIGHLANDS MACONIAN
PAGE SEVEN
legal advertising
LEGAL ADVERTISING
notice of SALE
te of North Carolina,
mty of Macon.
VHEREAS, power of sale was
ted in the undersigned Trustee
virtue of a Deed of Trust made,
•cuted and delivered by J. Grady
lens, to the undersigned Trustee
the 20th day of July, 1933, said
gd of Trust being registered in
Office of Register of Deeds
Macon County in Book No. 33,
re 315, to secure the payment of
tain indebtednese in said Deed
Trust set forth; and whereas,
^ault has been made in the pay-
nt of said indebtedness, and the
ner of the same 'has made de-
nd upon the undersigned Trustee
exercise the power in him vest-
by said Deed of Trust;
will, therefore, by virtue of the
wer of sale by said Deed of
ust in me vested, on Monday,
> 12th day of October, 1936, at
o’clock. Noon, at the Catirthouse
or in Franklin, Macon County,
1 at public auction to the high-
; bidder for cash the following
5cribed property:
beginning at a Maple runs
jth 77 degrees and 15 minutes
sfl2 poles to a stake and point-
;; then north 80 degrees and 45
n’utes east 12 poles to a stake
d pointers; then north 59 de-
ees 'caSit 12^ poles to a Black
ik; then north 87 degrees east 4
les to a Stake and pointer; then
irth 24 degrees and 30 minutes
St 10 poles to a Spanish^ Oak;
en north 30 degrees and 45 min
es east 12^ poles to a stake and
linters; then north 82 degrees
;st SS}i poles to a stake and
Winters; then south 45 degrees and
minutes west 36j4 poles to . a
ake in the eastern margin ^ on
e public road leading from Rick-
an’s store to Highway No. 286;
,en south 7 degrees and 30 min
es east with the road 2 poles to
stake in the road; then north 45
igrees and 45 minutes east Syi
)les to a stake in the center of
le branch; then with the meand-
■s of the branch south 43 degrees
ist 8 poles to a stake; then
juth 39 degrees and 45 minutes
ist 7^ poles to a stake in the
ranch; then leaving the branch
orth 79 degrees east 20^ poles to
le BEGINNING, and containing
velve acres, more or less.
This, the .10th day of September,
)36.
R. S. JONES,
17-J&Jt-08 Trustee.
LEGAL ADVERTISING
NOTICE OF SUMMONS
IN THE SUPERIOR COURT
BEFORE THE CLERK
4orth Carolina
ilacon County
ames Tallent; Cora Rickman and
lushand. Will Rickman; Bessie
}ueen and husband, Wesley Queen;
ista Swafford .and husband, Jess
Swafford; Anna Meddows and hus-
land, Marshall Meddows; Minnie
Crevett and husband, Charles Tre-
'ett; Carl Tallent and wife, Betty
fallent; Glen Tallent ,and wife,
-ucy Tallent; Grover Tallent and
mfe, Mary Evelyn Tallent; Mattie
Fallent; |Mrs. Laura Bryson and
iusband,Doc Bryson; John Wilds .and
ivife, Mrs. John Wilds; Mrs. J.ames
Merrit and husband,. James Merrit;
Mrs. Henry Gilespie and husband,
Henry Gilespie; Bronce Ray and
wife, —*-—. Ray; Mrs. Clyde Led
ford and husband, Clyde Ledford;
Hilton Ray and wife, Ray;
Mattie Wilds; Mrs. James C. Bail
ey; Mrs. Frank Jarrett and hus
band, Frank Jarrett; Mrs. Kathleen
Huntley and husiband
Hobbs and husband, Isham D.
Hobbs
vs
Mrs. Elizabeth Collins Dragoo and
husband, Dragoo; May
Collins Lowe and husband, —
Lowe; Ehner Lee Collins and wife,
Collins; James Franks Col
lins and wife, Collins; C.
W. Collins and wife, Col
lins ; J. R. Collins and wife,
Collins; Ralph C. Pulliam and wife,
Pulliam; Alvin K. Pulliam
and wif;, Pulliam; Mrs.
Ruth Owens and husband,
Owens; Helen Franks; Katherine
Franks Henry and husband, Frank
L. Henry, Jr.; Margaret Franks;
Eloise G. Franks; unknown heirs
of Will Wikis, deceased; unknown
heirs of M. E. Henry, deceased; R.
S. Jones, Administrator Sam L.
Franks, deceased; G. A. Mashiburn;
Bank of Franklin; Junaluska Lodge;
Joines Motor & Tractor Co., Inc.;
George Patton; John E. Rickman;
Mrs. S. H. Lyle, Sr.; Mrs. Ida
Crewes; Old Dominion Peanut
Corp.; Jersey Cereal Co.; Mars In
corporated; Town of Franklin.
The defendants., Mrs. Elizabeth
Collins Dragoo, and husband,
Dragoo, May Collins Lowe
and husband, Lowe; Elmer
Lee Collins and wife, Col
lins; James Franks Collins and
wife, Collins; C. W. Col
lins ' and wife, Collins; J.
R, Collins and wife,— —Collins;
Ralph C. Pulliam and wife,
Pulliam; Alvin K. Pulliam and
wife, Pulliam; Mrs. Ruth
Owens and husband, Owens ;
Old Dominion Peanut Corp.; Jersey
Cereal Co.; Mars Incorporated; un
known heirs of Will Wilds, de
ceased, and unknown heirs of M.
E. Henry, deceased, will take notice
that an action entitled as above has
been commenced in the Superior
Court of Macon County, North
Carolina, to sell all the real estate
of which M. E. Henry died seized,
and possessed, in Macon County,
North Carolina, for division among
her heirs or claimants under her
will; and said defendants will furth
er take notice that they are requir
ed to appear at the office of the
Clerk of the Superior Court of
Macon County, in the courthouse in
Franklin, North Carolina, on the
8th day of October, 1936, and ans
wer or demur to the contplaint in
said action; three copies of which
have been filed with said clerk, or
the plaintiff will apply to the court
for the relief demanded in said
complaint.
This 8th day of September, 1936.
HARLEY R. CABE,
Clerk Superior Court,
Macon County, North
Carolina.
S10_RDS-Ol
LEGAL ADVERTISING
ADMINISTRATOR’S NOTICE
Having qualified as administrator
of Alfred R. Rickman, deceased,
late of Macon coun-ty, N. C., this
is to notify all persons having
claims against the estate of said
deceased to exhibit them to the
undersigned on or before the 20th
day of August, 1937, or this notice
will be plead in bar of their re
covery. All persons indebted to said
estate will please make immediate
settlement.
This 20th (fay of August, 1936.
JOHN E. RICKMAN,
Administrator
A20-6tp—S24
EXECUTOR’S NOTICE
Having qualified as executor of
L. A. Thomas, 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
on or before the 27th day of Aug
ust, 1937, or this notice will be
plead in bar of their recovery. All
persons indebted to said estate will
please make immediate settlement.
This 27th day of August, 1936.
R. B. CURTIS,
S3—6tp—08 Executor.
In the District Court of the United
States of America for the Western
District of North Carolina. Asheville
Division. At Law No. 356. United
States of America v. 844.6 acres of
land in Macon County, North Car
olina, J. S. Henry Estate, et al.
Notice of Action by Publication of
Summons. To: Kansas Ammons and
husband; Mrs. S. E. Corbin; wife
of John T. Henry; Garrett Webb
and wife; Mrs. Arthur Addington;
Lula Angel; M. H. Stamey; Thad
Watts; C. H. Gibson and wife; w,ife
of John Murray; Martha Shepherd
and husband; Jim Ashe and wife;
F Dean and wife; wife of Jesse
McCracken; Walter Gibson and
wife; L. H. Holland and wife;
Claud Houston; Z. V. Moss and
wife; Ollie Moss Stewart and hus
band; W. R. Cochran and wife;
Bobbie Love and spouse; Robert
Shepherd and wife; C. W. Hams
and wife; Parker Henry and wife;
Zeb B. Henry and wife; Carrie Ad
dington; Henry Addington; Rnth
Addington; Nathan Allman; Mrs.
Lois Frye Randolph and husband;
Macon County Land Co; Wilmer
Moss, widow; Mechanics National
Bank; Davie Carpenter; Martha
Cogdill; C. C. Henry, creditors of
Estate of; M. E. Henry, creditors
of estate of; Tom Henry, creditors
of Estate of; CalUe Stewart; E. V.
Ammons; T. H. Ammons; C. C.
Henry; M. E. Henry; Tom Henry;
Lavadia H. Stewart; Bob Brown
and wife; Martin Jones; Rufus
Stewart; R. L. Williams and wife;
wife of Bob Allman; Federal Land
Bank of Columbia; Minnie M. Stew
art and husband; Z. Downs and
^— Jon.es and wife; wiie
of Carey Shepherd; Carrie Shep
LEGAL ADVERTISING
Huntley r'Mrs. Dorothy Dysant and
husband, Dysant; George
Franks and - wife, Ruth Franks;
Mrs. Margie Flint and husband,
Frank Flint; Jaunita Phillips and
husband, p.ay N. Phillips. Mrs. May
Nolan and husband, Emmett E.
Nolan; Minnie Powers; Mattie Hig
don and husband, Mack Higdon;
Jessie Murray and husband, George
W. Murray; J. D. Franks and wife,
Fannie Mae Franks; Mack Franks
and wife, Franks; Mattie
Will Byrne and ; husband, Cecil
Byrne; Inez Roszell and husband,
Lee Roszell; Mrs. Ida Conley; Mrs.
Joel Giibson and husband, Joel Gib
son; Mrs. Maggie Campbell and
husband,. Campbell; J. A.
Franks and wife, —— Franks;
D. Franks and wife, —'
pranks; [Mrs. C. H. Case and 'hus-
“and, C;t H. Case; Thomas Franks I
wife, Franks; Mrs.'
Hilda Furgeson and husband, Alex
^urgeson; Lida Byrne and husband,
■ Byrne; Mrs, Ora S.
NOTICE
North Carolina
Macon County
IN SUPERIOR COURT
Edith Mozeley Foster
vs
A. Byron Foster
The non-resident defendant, A.
Byron Foster, will take notice that
an action entitled as above has
been commenced m the Superior
Court of Macon County, North
Carolina; that the purpose of said
action is to have the bonds of mat
rimony now existing between the
plaintiff and the defendant dissolv
ed on the ground of two years
separation, and for the custody of
the minor children born to the
marriage between the plaintiff and
the defendant; that summons
in said action is returnable on the
10th day of October, 1936, and said
defendant will further take notice
that he is required to appear on
aid date before the undersigned
Clerk Superior Court and answer
or demur to the complaint filed in
this action, or the relief demanded
in said complaint will be granted.
This September 8th, 1936.
HARLEY R. CABE,
Clerk Superior Court.
S17_4tp—08
administoatw^^
Having qualified as administrator
of W. B. Cansler, deceased, late ot
Macon county, N. C., this is_ o
notify all persons 'havmg claims
against the estate of said decpsed
to exhibit them to the undersigned
on or before the 17th day of Sep
tember, 1937, or this notice will be
lyo/, L/i
nlead in bar of their recorvery. A
Lrsons indebted to said estate will
Slease make immediate settlement.
This 17th day of SeptemW W36.
GEORGE CARPEOTER,
Administrator.
Sl7-^tp—022
herd and husband; Sarah Corbin;
Rena McCracken Elliott; Carrel
Gibson and wife; Mamie G. Rey
nolds and husiband; Bill Houston,
Admr; Lyman Lee Moss and wiie;
Z J Peek and wife; Theodosm
Cochran; Mrs. H, B. James; J. T.
Shepherd; Wm. L. Sh^epherd and
wife; Rosa Cochran and husband, R.
A Henry and wife Blake Addington;
C. H. Addi-ngton; Lula Addington;
Carrie Addington Allen; Lula Moe;
Edward Moss, a minor; W J . Coch
ran and wife, Dora; C W. Hames,
judgment creditor; Eddie Carpen
ter- Bill Henry, creditors of estate
of- T S. Henry, creditors of estate
oi’ F R. Henry, Sr. creditors of
estate of; Beulah Stewart; Levadia
H. Stewart, creditors of estate of;
John Ammons; Bill Henry; J. S.
Henry; R. F. Henry, Sr; J. M.
McCracken; Mrs George B. Add
ington, widow, J. G Addington,
John H. Addington; W. K C^pen-
ter; Rufus Clore;
James McConnell; G W. Moffitt;
High Oliver; John W. Queen; El
len F. Roane; H. C. Roane; Mary
H Roane; A. B. Watts; W W.
Watts; Charles Addington; Henry
Addington; J- N. Hood, Thad
Watts- I. C. Gibson; Calvin Shep
herd; Sarah A. ^epherd; Mrs. Sal-
he McCracken Howell; J. M. Mc
Cracken, creditors of estate; John
Corbin; J. L. Burchfield; Lucy A,
Hall: Frances Queen; J. C. wbson,
David Guyer; Thomas H. Barnes
and wife; Ethel Moss Houston,
creditors of estate : Olhe Hoxit,
Ester Alice Lee; Joseph Eh Moore;
John C. Moss, creditors of estate
of • Ruthie Woodall; John Bowman;
I N. Keener; John C. Moss; J^es
M Peek; Ervin Wood; F. H. Bus-
hee- Fred Cochran, creditors of
estate of; Frank Coxe,; E. Everett;
E J. Oates, Trustee; Annie May
Robinson; Mary Swain Robinson;
Tames W. Wilson; P. H. Busbee;
Lllie H. Busbee; J. M. Cochran;
Joseph C. Gibson, mortgagee; James
T Gibson; John L. Gibson; Calvin
G Shepherd; The Motor Company;
Joseph J. Shepherd; Elizabeth Don
aldson; Nancy Gray; Adah^ne Grov
ers; J. M. Jones; W. H. Jones;
Goldie Ledford; J. W. Ledford;
Ruby Ledford; James B. Adding
ton; John H. Addington and Com
pany ; Fannie Clore; L. H. Enloe;
Elizabeth McConnell; S. B. Mc
Connell; Grace Oliver; Nancy
Queen; C. F. Roane; Etnma F.
Roane; Mary F'. Roane; Thomas
Roane; M. A. Watts; Arthur Add
ington; George B. Addington; Wil
liam M. Addington; WUlis Jones;
Martha Burnett; Joseph Shepherd;
Martha H. Shepherd; Denver How
ell, creditors of estate of; Hobart
McCracken; Robert McCracken;
Viola McCracken; E. M. Bradley;
R. H. Hall; Mallonee, wife
of Jackson Mallonee; Sidney Queen ;
Mary A. Gibson; M. Rickman;
May Barnes, judgment creditors of;
Elizabeth Hoxit; Elmer Hoxit;
Radford Hoxit; Lester Brown Lee;
Luella Moore; William B. Moss,
creditors of estate of; Henry Sand
ers; William Jasper Woodall; Ethel
Moos Houston; Mary Keener; Wil
liam B. Moss; Elizabeth Wood; J.
W. Woodall; F. H. Busbee, Trus
tee; J. M. Cochran, creditors of
estate of; R. E. Cochran; W. W.
Deweese; F. M. Morgan; Thomas
W. Poole; J. L. Robinson; Marga
ret B. Shipp; A. B. Andrews; Phil
lip H. Busbee; Fred Cochran; W.
H. Cochran; J. T. Gibson, creditors
of estate of; S. T. Rickman; Mamie
Shepherd; W. P. Thomasson, judg.
creditor; Mary A. Gibson; Sarah
Shepherd; John Gray; Rebecca
Gray; William L. Hodgins; Wilhs
Jones; Blanche Ledford; Harley
Ledford; Lizzie Ledford; Martha
Ann Long; AHie Watts.; Wilham C.
Gray; Ida Dills; Joseph Oliver;
and all persons whomsoever who
have, or claim to own, any estates
or interests in the fee or other
wise in and to the premises describ
ed in this notice, and any and all
heirs and devisees of the several
parties above named, whose names
and addresses are unknown, and all
and singular their heirs, husbands,
wives, devisees, executors, adminis
trators, representatives, alienees,
successors and assigns, of each anci
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 claim
ants to any rights or easement or
prescription in, over, across., or
through said lands, or any part
thereof; You will take notice: That
ari action entitled as above has been
commenced in the District Court of
the United States for the Western
District of North Carolina, at Ashe
ville, N. C., that summons has been
duly issued out of said Court, .and
petition filed therein asking for the
condemnation of certain lands de
scribed in the said petition and
hereinafter described; 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
Western District of North Carohna,
on behalf of the United States,
for the condemnation of said lands
described in the petition in said
proceeding, under and by virtue of
the provisions of the Act of Cong
ress 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: Tract
No. 974, apparent and presumptive
owners being the J. S. Henry Es
tate, containing according to survey
222.00 acres, situated in Macon
County, North Carolina, on the
waters of Buff Creek, a tributary
of Scott Creek, more particularly
described by metes and bounds in
Exhibit “A” and upon map or plat
Exhibit “B”, attached to the peti
tion in this proceeding filed with
the Clerk of the United States Dis
trict Court at Asheville, North Car
olina. Tract No. 521a, apparent and
presumptive owners being Federal
Land Bank of Columbia, South Car
olina, containing according to sur
vey 104.00 acres, situated in Macon
County, North Carolina, on waters
of Jones Creek, a tributary of Car-
toogechaye Creek, more particular
ly described by metes and bounds
in Exhibit “A-1” and upon map or
plat Exhibit “B-1”, attached to the
petition in this proceeding filed
with the Clerk of the United States
District Court at Asheville, North
Carolina. Tract No. 521,a-I, apparent
and presumptive owners being Fed
eral Land Bank of Columbia, South
Carolina, containing according to
survey 28.00 acres, situated in Ma
con County, North Carolina, on wat
ers of Jones Creek, a tributary of
Cartoogechaye Creek, more particu
larly described by metes and bounds
in Exhibit “A-1” and upon map or
plat Exhibit “B-1”, attached to the
petition in this proceeding filed
with the Clerk of the United States
District Court at Asheville, North
Carolina. Tract No. 521aII, apparent
and presumptive owners being Fed
eral Land Bank of Columbia, South
Carolina, containing according to
survey 33.80 acres, situated in Ma
con County, North Carolina, on
waters of Jones Creek, a tributary
of Cartoogechaye Creek, more par
ticularly described by metes and
bounds in Exhibit “A-1” and upon
map or plat Exhibit “B-1”, attach
ed to the petition in this proceeding
filed with the Clerk of the United
States District Court at Asheville,
North Carolina. Tract No. 241, ap
parent and presumptive owner be
ing Clyde Shepherd, containing ac
cording to survey 104.00 acres, sit
uated in Macon County, North Car
olina, on waters of Shepherd Creek,
a tributary of Cowee Creek, more
particularly described by metes and
bounds in Exhibit “A-2” and upon
map or plat Exhibit “B-2”, attach
ed to the petition in this proceed
ing filed with the Clerk of the
United States District Court at
Asheville, N. C. Tract No. 975, ap
parent and presumptive owner be
ing Mrs. J. M. McCracken, contain
ing according to survey 76^0 acres,
situated in Macon County, North
Carolina, on waters of Brown
Branch, a tributary of Watauga
Creek, more particularly described
by metes and bounds in Exhibit
“A-3”, attached to the petition in
this proceeding filed with the Clerk
of the United States District Court
at Asheville, North Carolina. Tract
No. 997, apparent and presumptive
owner being Ed McCoy, containing
according to survey 73.70 acres, sit
uated in Macon County, North Car
olina, on waters of Bradley Creek,
a tributary of Tennessee River,
more particularly described by metes
and bounds in Exhibit “A-4” and
upon map or plat Exhibit “B-4” at
tached to the petition in this pro
ceeding filed with the Clerk of the
United States District Court at
Asheville, North Carolina. Tract No.
197, apparent and presumptive own
ers being Mattie and Ethel Moss,
containing according to survey 72.90
acres, situated in Macon County,
North Carolina, on waters of Buck
Creek, a tributary of Cullasaga
River, more particularly described
by metes and bounds in Exhibit
“A-5” and upon map or plat Ex
hibit “B-5”, attached to the petition
in this proceeding filed with the
Clerk of the United States District
Court at Asheville, North Carolina.
Tract No. 186, apparent and pre
sumptive owners being Sisk and
Cochran, containing according to
survey 7.60 acres, situated in Ma
con County, North Carolina, in Tel-
lico Gap, more particularly describ
ed by metes and bounds in Exhibit
“A-6”, and upon map or plat Ex
hibit “B-6”, attached to the Peti
tion in this proceeding filed with
the Clerk of the United States Dis
trict Court at Asheville, North Car
olina. Tract No. 186-1, apparrat and
presumptive owners being Sisk and
Cochran, containing according to
survey 57.40 acres, situated in Ma
con County, North Carolina, in Tel-
lico Gap, more particularly describ
ed by metes and bounds in Exhibit
“A-6” and upon map or plat Ex
hibit “B-6, attached to the petition
in this proceeding filed with the
Clerk of the United States District
Court at Asheville, North Carolina.
Tract No. 991, apparent and pre
sumptive owners being F. B. B.ur-
gess, containing according to survey
40.80 acres, situated in Macon
County, North Carolina, in Cowee
Township, on the waters of Shep
herd Creek, a tributary of Cowee
Creek, more particularly described
by metes and bounds in Exhibit
“A-7”, and upon map or plat Ex
hibit “B-7” attached to the peti
tion in this proceeding filed with
the Clerk of the United States Dis
trict Court at Asheville, North Car
olina. Tract No.. 1002, apparent and
presumptive owners being C. D.
Hodgins, containing according to
survey 17.50 acres, situated in Ma
con County, North Carolina, in
Smith Bridge township, on the wat
ers of South Skeenah Creek, a
tributary of Tennessee River, more
particularly described by metes and
bounds in Exhibit “A-8”, and upon
map or plat Exhibit “B-8”, attached
to the petition in this proceeding
filed with the Clerk of the United
States District Court at As'heville,
North Carolina. You and each of
yo.u 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
Courthouse building at Asheville,
Buncombe County, North Carolina,
not later than ten (10) days from
and after the completion of service
of this summons by publication for
four (4) successive weeks, and ans
wer or demur to the petition or
complaint herein filed by the above
named petitioner in the office of
said Clerk, and you are further
notified that if you fail to appear
and answer or demur to _ the said
petition or complaint vvithin 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 25th day of August, 1936, and
the year of our Independence the
161st. J. Y. Jordan Clerk. By: O.
L. McLwrd Deputy Clerk,
S2-4tC--S23