Newspapers / The Franklin Press and … / April 20, 1939, edition 1 / Page 7
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THURSDAY, APRIL 20, 1939 THE FRANKLIN PRESS AND THE HIGHLANDS MACON1AN PAGE SEVEN LEGAL ADVERTISING ADMINISTRATOR'S NOTICE Having qualified as administrator of A. b. Gregory, 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 March, 1940, or this, notice will be plead in bar of their recovery. All persons indebted to said estate will please make immediate settlement. This 18th day of March, 1939. C. C. STAMEY, Administrator. - M236tp A27 ADMINISTRATOR C. T. A. NOTICE Having qualified as administrator C. T. A. of Edmund Pettus Rob erts, deceased, late on Macon coun ty, N. C, this is to notify all per sons having claims against the estate of said deceased to exhibit them to the undersigned on or be fore the 31st day of January, 1940, or this notice will be plead in bar of their recovery. All persons in debted to said estate will please make immediate settlement. This 31,s.t day of January, 1939. R. S. JONES, , Administrator C. T. A M16-6tc A20 ADMINISTRATOR'S NOTICE Having qualified as administrator of Grace Anderson and. Jane Wil liamson, deceased, late of Macon county, N. C, this is to notify all persons haying claims against the estate of said deceased tp exhibit them to the undersigned on or be fore the 18th day of March, 1940, or this notice will be plead in bar of their recovery. All persons in debted to said estate will please . make immediate settlement. This 18th day of March, 1939. J. S. WALDROOP, Administrator. M23 6tp A27 NOTICE OF PUBLICATION North , Carolina, Macon County. iln Tha Superior Court Macon County . . t "'vs. D.B. Rogers, and wife, Rogers, Tom Rogers, and wife, Rogers, Neyjlle Brothers. The' defendants, D. B. Rogers, and wife, Rogers Tom Rogers, and wife, . Rogers, and Neville Brothers, will take notice that an action as above en titled has been commenced -in the Superior. Court of Macon County to the end that the plaintiff may foreclose a tax lien covering lands in which the above named defen .dants have an interest, and the above named defendants will fur ther take notice that they are re quired to appear within thirty days in the office of the 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 for the relief demanded in said com plaint. This the 14th day of April, 1939. HARLEY R. CABE, ' Clerk of the Superior Court. yi20-4tc Mil JNOT1CE OF PUBLICATION, North Carolina Mac. on County In Tha Superior Court Befora tha Clark Tildai Wood, F. S. Roper and wife, Grace Roper and Wayne Wood vs. OA. Shields, unknown administra tor of Sis Shields, unknown heirs at Haw of Sis Shields, unknown heirs at law of Mattie Caylor, unknown administrator of Mattie Caylor, Lester Cayor, Hester Owens and husband, Matthew Owens, J. D. Howard and wife, Ruth Howard; bV junknown administrator of the estatV of Wylie Howard, deceased; Anna Howard, Trula Howard, Drewey Howard, Rush Howard, Eleanor Howard, Helen Howard, Blaine Howard, Roy Howard, Neil Howard, 'Blew Howard, the un known heirs at law of Wylie How ard, deceased; D. W. Grizzle, un known administrator of Lilhe How ard Grizzle, J. C. Grizzle and wife, Lois Grizzle; unknown heirs at law of Lillie Howard Howard Gnz ' ale, Lassie Totherrow and husband, Tom Totherrow; Pearl Lee and husband, Charlie Lee, May Nea and husband, Homer Neal, and all persons, firms or corporations own ing or claiming" to own my r" LEGAL ADVERTISING title, 1 interest or estate in and to the subject matter of this action. The defendants, C. A. Shields, unknown administrator of Sis Shields, unknown heirs at law of Sis Shields, unknown heirs at law of Mattie Caylor, unknown admin istrator of Mattie Caylor, Lester Caylor, J. D. Howard and wife, Ruth Howard; the unknown admin istrator of the estate of Wylie Howard, deceased; Anna Howard, Trula Howard, Drewey Howard, Rush Howard, Eleanor 'Howard, Helen Howard, Blaine Howard, Roy Howard, Neil Howard, Blon Howard, the unknown heirs at law of Wylie How ard, deceased; D. W, Grizzle, un known administrator of Lillie How ard Grizzle; J, C. Grizzle and wife, Lois Grizzle; unknown heirs at law of Lillie Howard Grizzle ; Lassie Totherrow and husband, Tom Totherrow;- Pearl Lee and husband, Charlie Lee; May Neal and hus band, Homer Neal, and all per sons, firms or corporations owning or claiming to own any right, title, interest or estate in and to the subject matter of this action, will take notice that an action as above entitled, has been commenced in the Superior Court of Macon Coun ty, North Carolina, to the end that the mineral interest in the Jands de scribed in the petition, situated in Macon County, North Carolina, in which petitioners and defendants have an interest, may be sold for partition and the above named de fendants shall take notice that they are required to appear within 30 days in the Office of the Clerk of the Superior Court of Macon Coun ty, North Carolina and answer or demur to the petition in said action or the petitioners will apply to the Court for the relief demanded in said petition. This the 27th day of March, 1939. HARLEY R. CABE, Clerk of Superior Court, ' Macon County, . , North Carolina. M30-4tc A20 NOTICE OF PUBLICATION North Carolina, Macon County. In Tha Superior Court Macon County vs. Jehue Franks, Dixie Stalcup, Cole man Stalcup, ' Ed Stalcup, Julia Stalcup, and all unknown , heirs of Julia Ammons. ' The defendants, Jehue Franks.Dix ie Stalcup, Coleman Stalcap, Ed Stalcup, Julia Stalcup, and all un known heirs of Julia Ammons w take notice, that an action as above entitled has been commenced in the Superior Court of Macon County to the end that the plaintiff may foreclose a tax lien covering lands in which the above named defen dants have an interest, and the above named defendants will fur ther take notice that they are re quired to appear within thirty days in the office of. the Clerk of the Superior Court of Macon County, N. G, and answer or demur to the complaint in said action or the plaintiff will apply to the Court for the relief demanded in said com plaint. This the 12th day of April, 1939. HARLEY R. CABE, Clerk of the Superior Court. A13-4tc M4 NOTICE OF SALE Pursuant to a decree entered by the Superior Court of Macon Coun ty on the 6th day of March, 1939, in an action entitled "H. W. Cabe, Administrator of the estate of E. J. Bouchard, Deceased, vi Bonnie Bouchard, et al", I will, on Mon day, the 1st day of May, J939, at 12:00 o'clock, Noon, at the County Courthouse door of Macon County, sell at public auction, to the high est bidder, for cash, the following described lands situate in Macon County, North Carolina: FIRST TRACT: Beginning at a laxge rock on the east bank of Cullasaja River, and old corner of the Jacobs Land, and runs down the river with its meanders to a stake on the east bank of the river and at the mouth of a smalbranch, the bearing and distance being N. 6 W. 3 poles to the Beginning. SECOND TRACT: Beginning at a stake in a black oak stump and running with the old Jacobs line S. 65 degrees W. to an iron stake on the seuth side of Highway No. 28; thence N. 2 deg. 30 min. W.and parallel to said Highway, 303 feet to a stake at the mouth of a cul vert; thence S. 63 deg. 45 min. E. LEGAL ADVERTISING 400 feet to the place of the Begin ning. The terms of the sale are cash, a deposit of 10 per cent thereof to be made by the highest bidder at the time of the sale as a forfeit and guaranty of compliance of his bid, the same to be credited on his bid when accepted. All bids will be received subject to rejection or con firmation by the Clerk of the Su perior Court of Macon County and notice is now given that said lands will be resold at the same place and upon the same terms at 2 :00 o'clock p. m. of the same day unless said deposit is sooner made., Every deposit not accepted or forfeited will be promptly returned to the maker. ' The 27th day of March, 1939. R. S. JONES, Commissioner A6-4tc A27 TRUSTEE'S SALE OF REAL ESTATE (By Substituted Trustee) Pursuant to the power and au thority contained in a certain deed of trust dated the 22nd day of September, 1934, exeauted by W. D. Simpson and wife, Lena Amelia Simpson to C. S. Noble, Trustee, which deed of trust is duly regis tered in the office of the Register of Deeds of -Macon County, North Carolina, in Book' of Mortgages No. 32, page 594, securing a certain note payable to HOME OWNERS' LOAN CORPORATION, default having been made for a period of more than ninety (90) days in the payment of said note as provided therein and in the performance of certain convenants set out in said deed of trust and demand of fore closure having been made by the holder of said indebtedness, the undersigned Trustee, having been substituted, as Trustee, for C. S. Noble, said substitution being duly recorded in the office of the Register of Deeds of Macon Coun ty, North Carolina, in Book D-5, page 86, will offer for sale at pub lic auction to the highest bidder for cash at the Courthouse door in Macon County, Franklin, North Carolina at 12 o'clock noon on the 15th day of May, 1939 the following described real estate, to-wit : All that certain lot, tract or par cel of land situate, lying and being in the Millshoaf Township, County of Macon, State of North Carolina, and more particularly described and defined as follows: Bounded on the North by lands of W. D. Simpson ; on the East by lands of Ammons; on the South by lands of Frank I. Murray, and on the West by State Highway No. 285. BEGINNING at a wild plum stump, corners ' of Frank I. Murray and Ammons land, and runs N. 47 deg. E. 24 poles and 10 links to a black oak corner on top of ridge, corners of Am mons and W. D. Simpson; N. 40 deg. 6a poles to a stake on top of ridge; N. 69 deg. W. 46 poles and 10 links to a stake on edge of Highway No. 285; S. 30 deg. W. 6 poles to a stake on edge of High way No.- 285; then S. 08 deg. E. 11 poles to a stake on edge of Highway No. 285; then S. 58 deg. E. 4V2 poles to the BEGINNING, containing 6J4 acres, more-or less. And being the same land as de scribed in 'a deed from E. R. Nichols and wife, Annie B. Nichols to W. D. Simpson and wife, Lena Amelia Simpson, dated 21st Novem ber, 1927, and recorded in Deed Book 0-4 at page 298, Tecords of Macon County, December 6, 1927. And being the same land as de scribed in a Quit Claim Deed from E. R. Nichols and wife, Annie B. XT:U.1n X T TV Clmnifui in A ...If Lena Amelia Simpson, dated 25th August, 1934, and recorded in Deed Book X-4 at page 134, records of Macon County, September 3, 1934. And being the same land shown on a plat of a survey made by W. B. McGuire, Surveyor, dated August 8, 1934, and now on file with Home Owners' Loan Corporation, refer ence to which is made for a more perfect description. This property will be sold subject to 1939 taxes. The purchaser at this sale will be required to make a cash deposit of 5 per cent of the purchase price to show good faith. This, the 13th day of April, 1939. T. C. ABERNETHY, Substituted Trustee J. FRANK RAY, Attorney. A13-5tc-Mll In the district Court of the Unit ed States of America for the West ern District - of North Carolina. Asheville Division. At Law No. 30. United State of America v. 769.51 LEGAL ADVERTISING acres of land in Clay and , Macon Counties Nortli Carolina, Andrews Hardwood Company, et al. Notice of Action by publication of Sum mons. To: Mary E, Cover; Mrs. Millard Dailey; Roger Alexander Dewfar; Sarah B. Dewar; Andrew Groves ; Ivy Ann Groves ; Jake Cabe; Macon County Land Co; Ada McCoy, Holding Corp ; Henry G. Robinson; Cecil Van Hook; Lee Cooper ; Mollie Haigler ; G. H. Haigler; Letha. Hooper; Maggie Lampkin ; Roy Lamplin;. Alice Mc Clure; Elizabeth McClure; Ilattie Jones; T. C. Justus; Henry B. Keener; Marcie V. Robertson; R. Y. McAden; Mildred Bailes Mur phy; Mrs. Annie H. Penland; A. L. Penland; Mrs. Flora Crawford; Nettie Devert ; Van Devert ; Erwin Kitchens; Anna Kitchens; Lillie Thomas; Andrews Hardwood Com pany, Inc., Scran ton, Pa; Big Creek Lumber Company, Jnc, New York; Birkelund, George R.; Chicago 111; Corn, Minnie and husband, P. S. Corn, Union County, S. C; Fentress, Calvin, Chicago, 111; Fentress, Cal vin, Trustee, Chicago, 111; Fessen- den, Appleton and wife, : ' Fessenden, Augusta, Ga; Fessenden, Frank and wife, Fessen-. den, Augusta, Ga ; Fessenden, N. A ; widower of Emma Fessenden, de ceased, Augusta, Ga; Fessenden. William and wife. Fessenden. Augusta, Ga;' Franks, D. W. and wife, Sophrini Franks, Hiawassee, Ga; Graff, Walter A., Chicago, 111; Hamblen, Frank C, Trustee, Green ville, S.-S: Holman, Carrie and hus band, William Holman, Augusta, Ga ; Angel, Robert and wife, - Angel, State of Washing ton; Cabe, Burgess and wife, Blanche Cabe, Monroe, Washing ton; Cabe, George, widower, : State of Oregon ; Cabe, Harley W., single, Hamilton, Washington; Daves, K. E; and wife, Addie Daves, Alger,- Washington ; Garland, Belle and husband, W. B. Garland, Alger, Washington; Garland, Bes sie and husband, R. L. Garland, Hamilton, Washington; van Hook, Ernest P. and wife, Ruby Van Hook, Detroit, Michigan ; Van Hook, Isaach, ( Isaac),, single, Detroit, Mich; Bank of Hiawasee, Hiawassee, Ga; Garrett, Elisha and wife, : - Garrett, Hiawassee, Ga., Rt. No." 1 ; Garrett, W. K. and wife, Garrett, Hiawassee, Ga., Rt. No. 1; Gribbel, E. L. and wife,' Gribbel, Hiawassee, Ga., Rt. No. 1; Hall, Addie, widow, Fay, Okla homa; Herbert, Donnie and hus band, Herbert, Bronson, Mo j -Knox, Bertha and husband, ' Knox, Krum, Texas; Mc Clure, O. L. and wife, Mc Clure, Albany, Texas; McClure, Roscoe V., widower, , Blackwell, Ga ; Owenby, Ora and husband, W. G. Owenby, Marietta, Ga; Stiles, Mrs. R. T. and husband, R. T. Stiles, Blue Ridge, Ga; Federal Land Bank of Columbia, The, Columbia, S. C; General Graphite Company, a Delaware Corporation, Birming. ham, Ala; Manahan, M. W. and wife, Manahan, Fulton County, Ga; Wilcox, J. S., and wife, Elizabeth K. Wilcox, Mont gomery, Ala ; Allison, S. H. and wife, Mary E. (Elizabeth) Allison; Baliard, V., Barnard, -, wife of G. B, Barnard; Bristol, , wife of G, W. Bristol; Cherry, R. C, and wife, V. V. Cherry ; Clark, R. S., and wife; Cover,-Laura J., Guardian of Mary E. Cover, in competent, her successor; Daily, Martha and husband; Dailey, W. M. and wife, Ella Daily ; Duke, , wife of Brodie L. Duke; Duke Land and Improvement Com pany; Fister, Gustus J. and wife, Ellen Fister; Hampton, Tennessee and husband, George Hampton; Jones, Eddie E., executor and trus tee under the last will and testa ment of James Thomas McAden ; Kitchens, James D. and wife, Clarsa Ann Kitchens ; Leatherwood, Wil liam and wife ; Love, Margaret S. and husband; McClure, W. H. and wife, Georgia McClure; McCoy, J. H. and wife; McGraw, William A. and wife; Nichols, D, 1). and wife, Flora E. Nichols; Paddock Land and Company; Smith, Ruffina and husband; Wiley, John F; Barnard, J. J; Bristol, R. A; Curtis, Madi son and wife, Sarah Curtis; Fessen den, Emma; Herbert, R. L. and wife, Mrs. Lou Herbert; Herbert, T. J; Herbert, William H. and wife; Long, Marie Herbert; Moore, N. W., and wife;. Margaret M. Moore ; , Pass, W. B ; Rogers, S. L; Smith, E. G; Stronach, Bennie McAden and husband, John Stro nach; Ferbuson, H. R; Hardin, M. L; Hayes, Charles; Van Hook, A. G., C. B., C. W., R. A., T. C, Wil son, Asanh; Bartolia, Margaret P; Ledford-, M. M, widow of D. J. Ledford; Kitchens, Medford; Mc Clure Hammond; Spivey, A. W; and all persons, whomsoever who have, or claim to own any estate r interests in the fee or other wise in and to the premises de scribed in the petition filed in this cause and described in this notice, and any and all heirs and devisees of the several parties above nam ed, whose names and addresses are unknown, and all and singular their heirs, husband, wives, devisees, ex ecutors, administrators, represcnta- LEGAL ADVERTISING lives, alinees. . successors and as signs, of each and. every ut them; and all unknown owners, lienors, or claimants, having, or claiming to have, any right, title, estate, equity, interest or lien; and all oc cupants,' 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 entitled as above has been com menced in the District Court of the United States for the Western Dis trict 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 the lands describ ed in the said petition and herein- aftpr f1piirrih,fl tli.at ,rm Qn1 parh af you, are necessary and proper parties to the just and final dispo sition of this action ; that said ac tion has been instituted by the United States Attorney for the Western District of North Caro lina, for1 the purpose of the appro priation and condemnation by judic ial process, for the public use , and benefit of the Unitefl States of America, of the lands described in said petition and herein below de scribed, 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 according to the method and procedure prescribed in the Act of Congress of August 1, 1888 (25 Stat utes 357 (30 U. S. C. A., Sections' 257, 258- and 258-a) ; that the lands proposed to be condemned" and ap propriated by the plaintiff United States are described substantially as follows : Andrews Hardwood Lumb er Company Tract No. 301 -VII Being the lap of Grant 16072 (prop erty of the Andrews Hardwood Co.) on Grant 2010, property of Heirs of R. L. Herbert and E. G. Smith, situated on the waters of Tuni Creek, a tributary of Tus quitee Creek, in Clay County.-North Carolina, and containing 7.46 acres. Tract No. 301-VIII Being that part of Grant 2010 (property of Heirs of R. L. Herbert and E. G. Smith) which is lapped by Grant 2826, property of the Andrews Hardwood Co., situated on the waters of' Clear Creek, a tributary of the Nanta hala River, in Clay County, North Carolina, containing 8.62 acres. Tract No. 301 -XI Situated on the headwaters of Compass Creek and Tuni Creek, being parts of Grants 2322, 2326, 2327. 2331. 2791. 2795. 2798, 2963, 2982, 29&4, 3002 and 3110, in Clay County, North Carolina, containing 290.58 acres. Tract No. 301-XVIH Being part of Grants 115, 116, 2281 and 10268, situated on the waters of Little Creek, a tribu tary of Choga Creek, in Macon County, North Carolina, containing 7.00 acres. Tract No. 301-X.IX Being parts of Grants 7050 and 10266, situated on the waters of . Choga Creek, a tributary of the Nantahala River, in Macon County, North Carolina, containing 55.90 acres. Ada McCoy Holding Corpor ation. Tract No. 1170 Situated on the waters of Hickory Knoll Creek, a tributary of Little Tennessee River, in Macon County, North Carolina, containing '215.3 acres. Bank of Hiawassee and D. W. rranKs. iraci io. imoc siiuaiea on the waters of Hot House Branch, a tributary of Shooting Creek, a tributary of Hiawassee River, in Clay County, North Carolina, con taining 80.9 acres. Tract No. 1005c I Situated on the waters of Hot House Branch, a tributary of Shoot ing Creek, a tributary of Hiawas see River, in Clay County, North Carolina, containing 26.4 acres. Witt Penland.. Tract No. 1124 Situated on the waters of Rowland Branch, a tributary of Nantahala River, in Macon County, North Carolina, containing 14.0 acres. Tract No. 1124a Situated on the waters of White Oak Creek, a tributary of Nantahala River, in Macon County, North Carolina, containing 23.35 acres; you and each of you are hereby notified to be and appear at the office of the Clerk of the Unit ed States District Court for the Western District of North Caro lina, in the United States Court house Building at Asheville, Bun combe County, N. C, not later than ten (10) days from and after the completion of service of this sum mons by publication for four (4) successive weeks, and answer or de mur to the petition or complaint ucrem nieu uy me auov.c naiucu petitioner in the' office of the said Clerk, you are further notified that if you fail to appear 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 E. Y. Webb, Judge of the District Court for the Western District of North Carolina, this the 31st day of March, 1939, and the year of our independence the 163rd. J. Y. Jor dan, Clerk. By : W. A. Lytic, Dep uty Clerk. Attested: J. Y. Jordan, Clerk: By: W. A. Lytle, Deputy, Clerk. A6-4tcA27 ' , ,", .
The Franklin Press and the Highlands Maconian (Franklin, N.C.)
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April 20, 1939, edition 1
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