Thursday, March Hi im
THE PRAHKMN PRESS AND THE HIGHLANDS MAC0N1AN
PACE SEVEN
LEGAL ADVERTISING
IN THE SUPERIOR COURT
North Carolina .
Macon County r
Notice of Stummona
Macon County, North Carolina
... vs.
.Eugene D. Brooks, Frank Grant
and Walter C. Cogswell, and the
heirs of Eugene D. Brooks, Frank
' Grant and Walter C. Cogswell, and
all other persons, firms or corpora
tions claiming any interest in the
subject matter of this action .
The defendants. Brooks,
wife of Eugene D. Brooks;
Grant, wife of Frank Grant,'
Cogswell, wife of Walter C. Cogs
well; Robert Grant and wife,-
iGrant and "all unknown heirs of
' t- : t r i. ri, r.ront
and Walter C. Cogswell will take
notice that an action entitled as
above has been commenced in'the
Superior Court of Macon County,
N. C, for the purpose of foreclos
ing a tax lien on real estate in
Macon County, North Carolina, in
which the above named defendants
have an interest.
The defendants will further take
notice that they are required to
appear at the office of the Clerk
qf the Superior Court of Macon
County, North Carolina, in Frank
lin, on or before the 5th day of
May, 1937, and answer or demur
to the complaint of the plaintiff,
or the plaintiff will apply to the
court for the relief demanded
therein.
This the 15th day March, 1937.
HARLEY R. CABE,
Clerk of the. Superior Court
M18-4tc A8
IN THE SUPERIOR COURT
State of North Carolina
Notice of Execution sane
Franklin Hardware Company
The. Vercalite Corporation
Rir virtue nf an execution jdirect-
ed to the undersigned- fron the
Superior Court of Macon County
in the above entitled action, I will,
on Monday, the 5th day of April,
1937, the same being the first Mon
day in the month of April, 1937, at
the hours and places hereinafter
designated,-sell to .the highest bid
der for- cash to satisfy said exe
cution, the following described per
sonal and real, property :
Approximately 800 tons crude
vermiculite. about 35 to 40 tons
processed vermiculite; 4 elevators;
2 kilns; 10 electric motors; 1 spike
roll crusher; 1 pit crusher; 1
electric furnace; laboratory equip
ment ; stock room supplies; bags;
ropes, etc.; 3 ratchett jacks; office
furniture; 7 tram cars; wheelbar
rows; picks ; shovels and other
loois, an ui wm-n is
and around what is known as the
H. Arthur Osborne buildings and
warehouses, near the Franklin De-
. pot, also all other personal prop
erty belonging to the defendant in
and around said buildings and
warehouses, and also one Kelvinator
electric refrigerator; one living
room lounge; two cots and. mat
.tresses; one electric broiler; one
electric heater, . sheets and other
items of personal property now
located in the Mrs. R. M. Hudson
. ! n A ItAlxnrririfr frk the fl P -
nr1ont alco nne Ford V-8 De
livery or station wagon, 1932 model,
serial number .......
motor number 18-115167.
. The above described property will
be sold at 12 o'clock noon at what
is known as the H. Arthur Osborne
. buildings and warehouses near the
Franklin Depot in Macon County,
North Carolina.
... All the property and rights de
scribed in a deed from Ellis C.
Soper to the Vercalite Corporation,
dated July '7th. 1936, and recorded
injDccrJ-Book Z-4page 65, records
of Macon County, North Carolina ;
All the property and rights de
scribed in a deed or indenture from
Ellis G Soper to the Vercalite Cor
poration, dated. March 31, 1936, and
recorded in Deed Book A-5, page
86, records of Macon County,
North Carolina;
All th property and- rights de
scribed in an indenture from Mrs.
J. E. Daley, et al. to the Vercalite
Corporation, dated 21 July, 1936,
and recorded in Deed Book A-5,
nape 205. records ti Macon County.
' c p - - -
A'y the property and rights de-
scribeftJn an indenture from Lewis
. Moses Vind wife, to the Vercalite
Corporation, dated 17 July, 1936,
and recorded , in Dee'd Book A-5,
page 236, records of M,acon County,
JJorth Carolina;
All the property and rights dc
j Uncle Jim Says
Lime and legumes build
up the land, boost crop
yields, and cut production
costs. Are you building up
your farm? . '. . ..
LEGAL ADVERTISING "
scribed in an indenture from B. M.
Angel, et al, to H. K. Lee, agent
for the Vercalite Corporation, dat
ed 24 September, 1936. and record
ed in Deed Book A-5, page 271,
records of Macon County, North
Carolina; .
All the orooertv and rights de
scribed in an indenture from James
N. Rogers to H. Kenneth Lee,
agent for the Vercalite Corporation,
dated 6 October, 1936, and recorded
ixu Deed Book A-5, page US, rec
ords of Macon County, North Car
olina ; and
All the property and rights de
scribed in an indenture from Dewey
Gregory to H. K. Lee. agent for
the Vercalite Corporation, dated 9
October, 1936, and recorded in
Deed Book A-5, page 275, records
of Macon County, North Carolina.
Ths above described property
will be sold at 12 o'clock noon at'
the court house door in the town
of Franklin, Macon County. North
Carolina.
This the 4th day of March, 1937.
A. B. SLAGLE,
Sheriff, Macon County, N. C.
Mil 4tc Al
IN THE SUPERIOR COURT
North Carolina, V.
Macon . County . v.
Notice nif Publication
Lucille Siler, Administratrix of the
. a 1
Estate of Annie Ledford, deceased
.vs.
Ida H. Pattillo, et al
The defendants', John P. Ingram
and wife, Edith Ingram, Clara Ful
ler and husband, William Fuller,
William Ingram and wife, Harriet
Ingram, Margaret Tomlin and hus
band, Garland Tomlin. Lenwood
Dickson and husband, Sanford
Dickson and all the unknown heirs
f Annie Ledford. deceased, will
take notice that an action as above
entitled has been commenced in
the Superior Court of Macon coun
ty to the end that the plaintiff
may sell the land of Annie Led-r
ford, deceased, to make assets to
iv dehts. and the above named
defendants will further take notice
that thev are required to appear
within thirty days in the office of
Clerk of the Superior Court of
Macon County, N. C. and answer
or demur to the complaint in said
action or the plaintiff will apply to
the Court fdr the relief demanded
in said complaint.
This the 8th day of March, 1937.
" HARLEY R. CABE,
Clerk of the Superior Court.
MH-4tc-J&J Al ...
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
sale 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 dodr of Macon County,
North Carolina, at twelve o'clock
noon offer for , sale to the highest
bidder for cash, the following real
estate: N
All 'that certain tract of land
containing Forty-five (45) acres,
more or less, known as the I. A.
Keener Place in Sugarfbrk Town
LEGAL ADVERTISING
shipV 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. Dalton, 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 Y Ples
to a chestnut; then South 15 de
grees 38 minutes West Vi poles
to a chestnut; then South 34 de
grees 27 minutes West 30J4 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 tq 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 degree
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 ty 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 20 poles
to a point in the ford of Peek's
Creek; then South 53 degrees
West 9H 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 8J4 poles to a point
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
1 JONES & JONES,
Agent and Attorney for
Trustee.
F25-4tc J&J M18
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.
,) This 12th day of February, 1937.
J. C. SORRELS,
(Administrator
F18-6tp M25
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
Carolina, 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 reseryed. 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
LEGAL ADVERTISING
from the Forest Supervhor. Frank
lin, N. C.
ZtO M4 MIS
In the District Court of the UniKd
States of America for the Western
District of North Carolina. Asheviile
Division. At Law No. 392 United
States of America v. 633.20 Nacres of
land in Clay and Macdn Counties,
North Carolina, N. N. Koges, et
al. Notice of Action by Publication
of Summons. To: M. H. Alexander
and wife; N. A. Fessenden land
wife; Sallie Penland and husband;
John Spivey and wife; Mary J.
Melton ; Richard Rowland amUwife ;
L C. Cabe; Rachel Cabe aricl hus
band; Mrs. W. L. McClure; Vinson
Abernethy and wife; Eddie Car
penter and wife; N. W, Bell and
wife; B. A. McGlamery and wife;
M H. Rogers and wife; W. C.
Wakefield; RUfus "Rowland and
wife; J. L. Cabe; Julia Cabe; M.
V Abernethy. and wife; Blackweh
Bushnell Co; Carl Childers;R. J.
Crawford and wife; O. E. Moses
and wife; Callie Stewart ; Von Tox
xie and wife; Commissioner oi
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- Par
ker; Virginia Henry and husband;
Octa Miller and nusuanu; j-wu
Papaduplas and husband ; yN,
Reuss and wife; May T. Byersfand
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;
Tiirnbull and husband;
James D Franks; Cagle Mining
Co; Frank uuis; um nenry, ny
unknown creditors; Mrs."" John H.
husband : Lavidia
Stewart, unknown creditors; Jane
Moss; Denny Brown; uancey ai
er Browning and husband; Claude
r,i.r. Paul C.aer and wife: Vance
Caler; Maggie Caler Cathey and
husband; Ida fatton uowaie anu
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
! Lou Patton. widow
of Burgess Patton. deceased; Texie
Caler Ramsey and hUSDana; 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 oi me
Merchants & Manufacturers Bank;
M. L. Rickman; J. F. Smith; Al
burger Reid; Mrs. E. B. Cabe and
Uchanrt- F. Wilton Wilkerson and
wife; Mrs. Rose Cochran and hus
band; R. A, rienry and wiie; .cd
v Honrv and wife: Emma Moses
arid husband; Federal Land Bank
of Columbia; W. a. vnaerson anu
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
and wife; Bertha Abernathy; Mar-,
tha CagdilH 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 husbartd;
Robert Brown; Clarence Caler,
single; Gladys Caler; R. Caler;
Willie Caler; H. H. Dalrymple and
husbartd; 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
Pattoi; Mamie Patton; Alice Rick
man and husband ; Hope Caler
Flora Patton
Vanhook atid husband; Lucinda
Addington; and all persons wnom
soever who have, or claim to own
any estates or interests irt the fee
or otherwise in and to the prem
ises described in the petition filed
in this cause and described in this
nntirf and ftnv and all heirs and
devisees of the several parties above
named, whose names ana addresses
are unknown, and all and singular
their heirs, husbands, wives, de
visees, executors, administrators,
representatives, alienees, successors
and assigns, of tach and every of
them; and all unknown owners,
lienors, of 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
TiaiNG7
-nti'rVH a ahnv hat been com
menced in the District Court of
the United States for the Western
District of North Carolina, at Ashe
viile, N. C, that summons has been
duly issued out of said Court, and
petition filed therein asking tor ine
condemnation of the lands descrio
ed in the said petition" and herein
after described that vou. and each
of you, are necessary and proper
parties to the just and tinai aispo
sition of this action; that said a -tion
has been instituted by the
United States Attorney for the pur
pose of the appropriation arid 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
of March 1, 1911 (Chap. 186 (36
Stat. 961) Title 16, Sections 513, 521,
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
K7. (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. xs.
Rogers, containing according to
curve v 380.00 acres, situated in Clay
County, N. C, on the waters of
Fall, Higsed Love, and bassatras
Branches, tributaries of Tallulah
Kiver. more narticularlv described
by metes and bounds in Exhibit
"A" and upon map or plat cxmoii
"B" attached to the petition in this
proceeding filed with the Clerk of
the United States District Court at
Asheviile, N. C; Tract No. 1290, ap
parent and presumptive owner be
ing T. C. Moore, containing accord
ing tn survev 71.10 acres, situated
in Clay County, N. G, on the
water nf Cold and Stamev Branch-
es tributaries of Tusquitee Creek,
more particularly described by metes
and bounds in Exhibits "A-l", and
upon map or plat Exhibit a-l ,
attached to the petition in this pro
reedinc filed with the Clerk of the
United States District Court at
Ashevlle. N. C: Tract No. 11,
apparent and presumptive owner
being E. M. Fox, containing accord
ing to survey . 5820 acres, situated
in Macon County, N. C, on the
waters of Elhjay Creek, a tributary
of the Cullasaja River, more par
ticularly described bv metes and
bounds in Exhibit "A-2", and upon
map or plat Exhibit "tf-T, attached
to the petition in this proceeding
filed with the Clerk of the United
States District Court at Asheviile,
N. C; Tract No. 1182, apparent and
presumptive owner being E. W.
Wilkinson, containine 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", and upon map or
plat Exhibit "JJ-J", attached to tne
petition in this w proceeding filed
with the Clerk of the United States
District Court at Asheviile, N. C;
Tract No. 1036a, apparent and pre
sumptive owner being C. N. Jones,
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 boundsx 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 Asheviile, 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 Asheviile, 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 Asheviile,
Bbncombe 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 demur to the petition or com
plaint herein filed by the above
named petitioner in the office of
the said Clerk, and you are fur
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. I. Y. Jor
dan, Clerk; By N. A. Lytle, Deputy
I Clerk. 4tc-M4-M2S
LEGAL ADVER