THURSDAY, MARCH 4, 113?
LEGAL ADVERTISING
ADMINISTRATOR'S NOTICE
Having qualified as administrator
of Fred West (colored), 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 18th
day of February, 1938, . or this
notice will be plead in bar of their
recovery. All persons indebted to
said estate will please make im
mediate settlement. 1
This 12th day of February, 1937.
J. C. SORRELS,
Administrator
F18-6tp-M2S '
ADMINISTRATOR'S NOTICE
Having qualified as administrator
of J no. N. Arnold, 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 22nd day of Jan
uary, 1938, or this notice will be
plead in bar of their recovery. All
persons indebted to said estate will
please make immediate settlement.
This 22nd day of January, 1937.
LESTER L. ARNOLD,
Administrator.
J28 6tp M4 ,
TRADE MARK
Notice is hereby given that Zick
edgraf Hardwood Company has
adopted the following trade mark
to be used in its business as lumb
er dealers, to-wit: Z
This, the 20th day of January,
1937.
ZTCKGRAF HARDWOOD CO.
By W. C. Zickgraf, President.
ATTEST:
EDWIN L. DOUGLASS, Sec'y;
(Seal) " . . " .
Fll4tc M4
NOTICE OF ENTRY
State of North Carolina
Macon County
Entry No. 15016
Horace Justice enters and claims
100 acres land more or less on the
waters of Tesenta Creek in Smith's
Bridge Township, Macon County.
Bounded as follows: On the
North by S. C. Conley lands, on
the East by H. E. Justice and
others, on the South and West by
U. S. Government, runs with said
lines so as to include all the va
cant lands in said boundary.
Entered, February 9, 1937.
ALEX MOORE, E. T.
Flltp M4
NOTICE
North Carolina,
Macon County.
In The Superior Court
John Love
vs. (
Rose Lpve :
The defendant, Rose Love, will
take notice that an action entitled
as above has been commenced in
the Superior Court of Macon
County, North Carolina," for divorce
a vinculo matroimonii; and the said
defendant will further take notice
that she is required to appear at
the office of the Clerk of the Su
perior Court of said county in the
courthouse in Fraoklin, North Car
olina, on the 13th day of April,
1937, and answer or demur to the
complaint of the plaintiff.
This the 13th day of February,
1937.
HARLEY R. CABE,
Clerk of the Superior Court
Macon County, North Carolina
F18-4tc-GLH Mil c
NOTICE OF SALE
North Carolina,
Macon County. 1 -
WHEREAS, 1 the power of sale
was 'vested . in the undersigned
Trustee by a Deed of Trust ex
ecuted and delivered by J. J. Mann
and wife to M. L. Dowdle, Trustee,
on May 31, 1926, to secure the
payment of. certain indebtedness as
set forth in said Deed of Trust,
and which is recorded in Mortgage
of " the Register of Deeds for
Macon County, North Carolina; and
whereas, default has been made in
the payment of said indebtedness
secured by said Deed of Trust,
and dpmnnd lias heen mnrlp nnnn
the undersigned Trustee to exer
cise power of sale vested in him
by said Deed of Trust:
I will, therefore, on Monday,
March 8th, 1937, at the hour of
Twelve Noon, at the courthouse
door in Franklin, Macon County,
North Carolina, sell at public auc
LEGAL ADVERTISING
tion for cash the following de
scribed tract or parcel of property:
All the lands conveyed to J. J.
Mann by C. D. Nichols, R. A.
Nichols, J. T. Nichols and wife M.
E. Nichols, iby deed recorded at
page 208 in Book N-4, in the of
fice of the Register of Deeds for
Macon County, excepting there
from that portion of the aforesaid
lands which are now owned by H.
D. West; and also excepting there
from that particular tract of 1V
acres conveyed by J. J. Mann to
Eva V. Fleming and J. G. Fleming
on June 5th, 1931, as described by
deed recorded in Book U-4, at page
24, in the Office of the Register
of Deeds for Macon County; and
also excepting that portion of the
lands sold by G. A. Jones, Com
missioner, under a decree of fore
closure of a mortgage on said land
held by the Federal Land Bank of
Columbia, South Carolina, and con
veyed by said Commissioner in
deed recorded in Book A-5, page
301.
This' February 5th, 1937. ..
, M. L. DOWDLE, Trustee
Fl 1 4tc GLH M4 :)
. ; il I
NOTICE OF SALE OF. LAND
WHEREAS, on the 16th day of.
March, 1934, E. M. Dills and Clyda
Dills executed and delivered unto
W. O. McGibony, Trustee for Land
Bank Commissioner, a certain deed
of trust which is recorded in the
office of the Register of Deeds for
Macon County, North Carolina, in
Book 32 at Page 557; and
WHEREAS, default has been
made in the payment of the indebt
edness thereby secured as therein
provided, and the trustee has been
requested by the owner and hold
er thereof to exercise the power of
gale therein contained:
NOW, THEREFORE, under (and
by virtue of the authority conferred
by the said deed of trust the .und
ersigned Trustee will on the 22nd
day of. March, 1937, at the court
house door of Macon County,
North Carolina, at twelve o'clock
noon offer for sale to the highest
bidder for cash, the following real
estate:
All that' certain tract of land
containing Forty-five (45) acres,
more or less, known as the I. A.
Keener Place in Sugarfork Town
ship, Macon County, North Caro
lina, located on the Peek's Creek
road about ' 10 miles East from
Franklin on the waters of Peek's
Creek, and now in the possession
of E. M. Dills; bounded on the
North by the lands of Fred Dills
and Gum Dills; on the East by the
lands of Gum Holland and James
Holland ; on the South by the U. S.
Government land, and on the West
by the U S. Government land. Said
tract of land is particularly describ
ed according to a plat prepared by
John H. Dal ton, Surveyor, on the
16 day of February, 1934, as fol
lows, to-wit :
BEGINNING at a post designated
as Government post S-D-17, Gov
ernment corner, runs South 52 de
grees .05 minutes East 50 poles to
a mountain oak; then South 30 de
grees 46 minutes West 14$4 poles
to a chestnut; then South 15 de
grees 38 minutes West 11J4 poles
to a chestnut; then South 34 de
grees 27 minutes West 3QJ4 poles
to a post; then South 20 degrees
East 82 poles to a black oak ; then
North 22 degrees' East 10 poles to
a black oak; then North 10 de
grees West 42 poles to a hickory;
then North 13 degrees East 18
poles to a stake at a spring; then
North 46 degrees East 53 poles to
a chestnut stump; then North 29
degrees West 10 poles to a stake
on ridge; then North 29 degrees
East 27 poles to a stake ; then
North 66 degrees West 7 poles to
a chestnut ; then North 34 degrees
East 6 poles to a point in the
branch; then North 8 degrees 15
minutes East 14 poles to a point
in branch ; then North 4 degrees
30 minutes East 6 poles to a point
in branch; then South 77 degrees
30 minutes East 1 poles to a
stone, replacing a hickory ; then
North 11 degrees 30 minutes East
21 poles to a stone; then North 47
degrees 15 minutes East 20J4 poles
to a point in the ford of Peek's
Creek; then South 53 degrees
West 9ft poles; then North 42 de
grees 30, minutes West 4 poles to
a dogwood ; then South 40 degrees
West '27 poles to a hemlock at
Creek; then South 84 degrees West
12 poles to a point in Creek; then
South 42 degrees West 8 poles to
a point at Creek ; then South 70
degrees West 8 poles to a point
THE FRANKUH M AND THE HIGHLANDS MACON IAN
LEGAL ADVERTISING
at Creek; then South 76 degrees 30
minutes West 31 poles to the be
ginning. Copy of said plat is now on file
with the Agent of the Land Bank
Commissioner, Columbia, S. C.
This the 20th day of February,
1937.
W. O. McGIBONY, Trustee
JONES & JONES,
Agent and Attorney for
Trustee.
F25 4tc J&JM18
National Forest Timber
for Sale
Sealed bids , will be received by
the Forest Supervisor, Franklin, N.
C up to and including April 5,
1937 for all the live hemlock timber
marked or designated for cutting,
and all merchantable dead hemlock
timber located on an area embrac
ing about 200 acres within South
Branch Compartment of Whiteoak
Creek ' watershed, Macon County,
Nantahala National Forest, North
Carplina, estimated to be 2,000 cords
(160 cu. ft.) of hemlock pulpwood
and 400 tons (2240 lbs,) of hemlock
bark, more or less. No bid of less
than $1.00 per cord for hemlock
pulpwood and $1.40 per ton for
hemlock bark will be considered.
$1000 must be deposited with each
bid, to be applied on the purchase
price, refunded, or retained as liqui
dated damages, according to condi
tions of the sale. The right to re
ject any and all bids reserved. Be
fore bids are submitted, full infor
mation concerning the timber, the
conditions of the sale, and the sub
mission "of bids should be obtained
from the Forest Supervisor, Frank
lin, N. C.
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National Forest Timber
for Sale
Sealed bids will be received by the
Forest Supervisor, Franklin, North
Carolina, up to and including March
22, 1937, for all the merchantable
chestnut poles marked or designat
ed for cutting on an area embrac
ing about 1,200 acres on Deweese
Prong of Burningtown Creek and
Indian Camp Creek, Macon County,
Nantahala National Fprest, North
Carolina, estimated to be 28, 25
foot poles ; 84, 30 foot poles ; 210,
35 foot poles ; 770, 40 foot poles ;
210, 45 foot poles ; 56, 50 foot poles ;
28, 55 foot poles ; 14, 60 foot poles,
more or less. No bid of less than
$0.25 per pole for 25 foot poles;
$0.30 for 30 foot poles; $0.38 for
35 foot poles; $0.50 for 40 foot
poles; $0.62 for 45 foot poles; $0.8U
for 50 foot poles; $1.00 for 55 foot
poles; $1.25 for 60 foot poles, will
be considered. $100.00 must be de
posited with each bid to be applied
on the . purchase price, refunded, or
retained in part as liquidated dam
ages, according to the condition of
the sale. The right to reject any
and all bids is reserved. Before
bids are submitted, full information
concerning the timber, the condi
tion of the sale, and submission of
bids should be obtained from the
Forest Supervisor, Franklin North J
Carolina,
2tc F18 M4
National Forest Timber
for Sale
Sealed bids will be received by the
Forest Supervisor, Franklin, North
Carolina, up to and including March
22, 1937, for all the . merchantable
chestnut poles marked or designat
ed for cutting on an area embrac
ing about 1,000 acres on Pol Miller
Creek and .-Ray Prong of Burning
town Creek, Macon County, Nanta
hala National Forest, North Caro
lina, estimated to be 20, 25 foot
poles ; 60, 30, 'foot poles ; 150, 35
foot poles ; 550, 40 foot poles ; 150,
45 foot poles; 40, 50 foot poles; 20,
55 foot poles; 10, 60 foot poles,
more or less. . No bid of less than
$0.25 per pole for 25 foot poles.;
$0.30 for 30 foot poles ; $0.38 for 35
foot poles; $0.50 for 40 root poles;
$0.62 for 45 foot poles; $0.80 for 50
foot poles; $1.00 for 55 foot poles;
$1.25 for 60 foot poles, will be, con
sidered. $100.00 must ibe deposited
with each bid to.be applied on the
purchase price, refunded, or retain
ed in part as liquidated damages,
according to the conditions of the
sale. The rieht to reject anv and
all bids is reserved Before bids are
submitted, full information concern
ing the timber, the" conditions of
the sale, and submission of bids
should be obtained from the For-
111 ""IMmUll'l'Jll 'JIJIH.'U.IM
LEGAL ADVERTISING
est Supervisor, Franklin, N. C.
2tc-F18 M4
In the District Court of the United
States of America for the Western
District of North Carolina. Ashevide
Division: At Law No. 392 United
States of America v. 633.20 acres of
land in Clay and Macon Counties,
North Carolina, N. N. Rogers, ei
al. Notice of Action by Publication
of Summons. To: M. H. Alexander
and wife; N. A. Fessenden and
wife; Sallie Penland and husband ;
John Spivcy and wife; Mary J.
Melton; Richard Rowland and wife;
L C. Cabe;. Rachel Cabe. and hus
band; Mrs. W. L. McClure; Vinson
Abernethy and wife; Eddie Car
penter and wife; N. W. Bell and
wife; B. A. McGlarnery and wife;
M. H. Rogers and wife; W. C.
Wakefield; Rufus Rowland and
wife; J. L. Cabe; Julia Cabe; M.
V. Abernethy and wife; Blackwell
Bushnell Co; Carl Childers; R. J.
Crawford and wife; O. E. Moses
and wife; Callie Stewart; Von Tox
xie and wife; - Commissioner of
Banks for the State of North Car
olina; Liquidating Agent for the
Central Bank & Trust Co; Henry
S. Grantz; Z. P. Cabe and wife;
E. F. Wilkinson and wife; John
Carpenter and wife; Henry J- bar
ker; Virginia Henry and husband;
Octa Miller and husband; Leh
Papaduplas and husband; F. W.
Wpiis and wife: Mav T. Byers and
husband; Henry Camman and wife;
Eleanor Louise Cozad; Jesse Kirby
and wife; Amanda Patterson and
husband; T. Spivey and wife; .un
known creditors of the Estate of
Henry Camman; Eliza Arrowood;
Narcissus Lloyd; A. W. Spivey; B.
S. Matlock and wife; J. C. Moore
and wife; Hiram Rose and wife;
Mrs. Henry Turnbull and husband;
James I). Franks; Cagle Mining
Cn- Frank Dills: Bill Henry, his
unknown creditors; Mrs. John H.
Ledford and husband; Lavidia
Stewart, unknown creditors; Jane
Moss; Denny Brown; Clancey Cal
er Browning and husband; Claude
Caler; Paul Caler and wife; Vance
Caler; Maggie Caler Cathey and
husband; Ida Patton Dowdle and
husband; Prudence Caler Hall and
husband ; Maude Caler King and
husband; E. Caler Martin and hus
band; C. L. Patton and wife;
Harve Patton and wife; J. T. Pat
ton and wife; Lou Patton; widow
of Burgess Patton, deceased; Texie
Caler Ramsey and husband; M. J.
Shields and husband; R. Caler
Trammel and husband; Pinkey
Caler Wilson and husband; C. L.
Ingram ; Beulah Stewart ; Charlie
Tallent and wife; Bank of An
drews; Liquidating Agent of the
Merchants & Manufacturers Bank;
M. L. Rickman; J. F. Smith; Al
burger Reid1; Mrs. E. B. Cabe and
husband; E. Wilton Wilkerson and
wife; Mrs. Rose Cochran and hus
band; R. A. Henry and wife; Zeb
V. Henry and wife; Emma Moses
and husband; Federal Land Bank
of Columbia; W. B. Anderson and
wife; F. P. Calhoun and wife; Co
rundum Mining and Mfg. Co; Wiley
Hogsed and wife; Nancy C. Mc
Clure and husband; Mark Rogers
and wife; Wm. L. Spivey and wife;
unknown creditors of the Estate
of Jesse Kirby; Samuel Hogsed and
wife; Polly Sherman; Walton
Spivey ; N. W. Moore and wife ;
Andrew Barnard : Turkey Knob Co
rundum Company; Garrett Franks
ami wife; Bertha Abernathy; Mar
tha Cagdill; Bryon E. Hamlin and
wife; C. C. Henry, his unknown
creditors; R. F. Henry, Sr., his un
known creditors; Nellie Harney;
Will Moses ; Beulah Stewart Wat
son; Danie Brown and husband;
Robert Brown; Clarence Caler,
"single; Gladys Caler; R. Caler;
Willie Caler; H. H.. Dalrymple and
husband; Tillie Caler Erwin and
husband; Osie Patton Penland and
husband; Neta Patton McLean;
Martha Rickman Murray and hus
band; Flora Patton; Holt Patton
and wife ; Lillian Patton ; Nancy
Patton; Mamie Patton; Alice Rick
man and husband ; Hope Caler
Spivey and husband; Flora Patton
Vanhook and husband; Lucinda
Addington; and all persons whom
soever who have, or claim to own
any estates or interests in the fee
or otherwise in and to the prem
ises 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 unknown," and all and singular
their heirs, husbands, wives, de
visees, executors, administrators,
representatives, alienees, successors
and assigns, of each and every of
them; and all unknown., owners,
lienors, or claimants, having, or
claiming to have, any right, title,
estate, equity, interest or litn; and
all occupants, lessees, users, holders
and owners of and claimants to any
right or easement 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 com-
PAOlllVIM
LEGAL ADVERTISING
menced in the District . Court of
the United States for the Western
District of North Carolina, at ishe
ville,' N. C, that summons has been
duly issued out of said Court, and
petition filed therein asking for the
condemnation of the lands descn
ed in the said petition and herein
after described that you, and eacn
of you, are necessary and proper,
oarties to the just and final dispo
sition of this action; that said ac
tion has been" instituted by the
United States Attorney for the pur
pose of the appropriation and con
demnation by , judicial process, for
the public use and benefit of the
United States of America, for the
lands described in said petition,
and herein below described, under
and by virtue of the provisions of
the Weeks Law, Act of. Congress
f Vlorrh 1 1011 (Chnn IRA (3d
Stat. 961) Title 16, Sections 513, 52i,
553, and 563 of U. S. C. A., and ac
cording to the method and proced
ure prescribed in the Act of Con
gress of August 1, 1888 (25 Statutes
357, (40 U. S. C. A., Sections 257,
258 and 258-a) ; that the lands pro
posed to be condemned and ap
propriated by the plaintiff United
States are described substantially
as follows: Tract No. 171b, apparent
and presumptive owner being N. N.
Rogers, containing according to
survey 389.00 acres, situated in Clay
County, N. C, on the waters of
Fall, Higsed Cove, and Sassafras
Branches, tributaries of Tallulah
River, more particularly described,
by metes and bounds in' Exhibit
"A" and upon map or plat Exhibit
"B" attached to the petition in this
proceeding filed with the Clerk of
the United States District Court at
Asheville, N. C; Tract No. 1290, ap
parent and presumptive owner be
ing T. C. Moore, containing accord
ing to survey 71.10 acres, situated
in Clay County, N. C, on the
waters of Cold and Stamey Branch
es, tributaries of Tusquitee Creek,
more particularly described by metes
and bounds in Exhibits "A-l", and
upon map or plat Exhibit B-l ,
attached to the petition in this pro
ceeding filed with the Clerk of the
United States District Court at
Asheville, N. C; Tract No. 1129,
apparent and presumptive owner
being E. M. Fox, containing accord- .
ing to survey 58.20 acres, situated
in Macon County, N. C, on the
waters of Ellijay Creek, a tributary
of. the Cullasaja River, more par
ticularly described by metes and
bounds in Exhibit "A-2", and upon
map or plat Exhibit "B-2", attached ,
to the petition in this proceeding
filed with the Clerk of the United
States District Court at Asheville,
N. C; Tract No. 1182, apparent and
presumptive owner being E. W.
Wilkinson, containing according to
survey 45.50 acres, situated in
Macon County, N. C, on the waters
of Middle Creek, a tributary oi
Tennessee River, more particularly .
described by metes and bounds in
Exhibit "A-3;Y and upon map or
plat Exhibit "B-3", attached to the
petition in this proceeding filed
with the Clerk .of the United States
District Court at Asheville, N. C;
Tract No. 1036a, apparent and pre"
r- XT T
sumuiivc UWI1C1 UCIUK v. ai. JU"i
containing according to survey 38.90
acres, situated in Macon County,
N. C, on the waters of Walnut
Creek, a tributary of Cullasaja
River, more particularly described
by metes and bounds in Exhibit
"A-4", and upon , map or plat Ex
hibit "B-4", attached to the petition
in this proceeding filed with the
Clerk of the United States District
Court at Asheville, N. C; Tract No.
240a, apparent and presumptive
owner being C. F. Moody, contain
ing according to survey 30.50 acres,
situated in Macon County, N. C,
on the waters of Cowee Creek, a
tributary of the Little Tennessee
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, 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 Carolina, in the United States
Courthouse Building at Asheville,
Buncombe County, N. C, not later
than ten (10) days from and after
the completion of service of this
summons by publication for four
(4) successive weeks, and answer
or dernur to the petition or com
plaint herein filed by the above
named petitioner in the office of
.L. :j i t
L ii v. aaiu vt.i , auu jwu ai v. i ui
ther notified that if you fail to ap
pear, and answer or demur to the'
said petition or complaint within
the time specified the petitioner '
will apply to the Court for the re
lief demanded in said petition.
Witness the Honorable E. Y.
Webb, Judge of the District Court
for the Western District of North
Carolina, this the 23rd day of Feb- :
ruary, 1937, and the year of our
Independence the 161st. J. Y. Jor
dan, Clerk ; By N. A. Lytle, Deputy
Clerk.
4tc-M4M2S