North Carolina Newspapers

THURSDAY, APRIL 27, 1939 THE FRANKLIN PRESS AND THE HIGHLANDS MACONIAN Page seven LEGAL ADVERTISING NOTICE OF PUBLICATION North Cariolina, Macon County. In The Superior Court Macon County . VS. W. T. Cooper and wife, Dot Coop er ; Charlie Cooper ; George Coop er; Frank Cooper and wife, Estelle Cooper; Josie Bell and husband, Adolphis Bell; Annie Cooper Good man and husband, Goodman. The defendants,--Frank Cooper and i wife, Estelle Cooper, 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 complaint. ' This the 22nd day of April, 1939. HARLEY R. CABE, Clerk of the Superior Court A27-4tc M18 . V NOTICE OF PUBLICATION North Carolina, Maoon County. In The 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 Stalcup, Ed Stalcup,. Julia Stalcup, and all un known heirs of J,ulia Amnions will 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-thes office ijf - thelerk - - H4 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. V . This the 12th day of April,- 1939. , HARLEY R. CABE, Clerk of the Superior Court. A13-tc M4 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 having claims against the estate of said deceased to 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, 4 Administrator. M23-6tp A2 ADMINISTRATOR'S NOTICE Having qualified as administrator of A. S. 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 oif their recovery. All persons indebted to said estate will please make immediate settlement. This 18th day of March, 1939. C. C. STAMEY, i Administrator. M23-6tp A27 ADMINISTRATOR'S NOTICE Having qualified as administrator of A. A. Angel, 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 pn or before the 18th day of April, 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 April, 1939. ; , H. B. ANGEL,' Administrator A20-6tp-rM25 . ... LEGAL ADVERTISING 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, vs. Bonnie Bouchard, et al.", I . will, on Mon J'mf,18,' If f May' 1239, atr - 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 large 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 small branch, 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 south 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. 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 all- thority contained in a certain deed - 4"1 - dated- tbe 22ad day 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 Millshoal 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 ; oh 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 L 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. W. 6J4 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, Noi 285; then S. 08. deg. E. 11 poles to a stake on edge of Highway No. 285; then S. 58 deg. E. 41 poles to the BEGINNING, containing 654 acres, more or lessv 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, records of Maoon, County, December ,6, 1927. LEGAL ADVERTISING And being the same land as de scribed in a Quit Claim Deed from E. R. Nichols and wife, Annie B. Nichols to W. D. Simpson and wife, Lena Amelia Simpson, dated 25th August, 1934, and recbrded in Deed Book X-4 at page 134, records of And being the 'same land shown a 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 193? 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. J. C. ABERNETHY, Substituted Trustee J. FRANK RAY, Attorney. A13-5tc Mil National Forest Timber for Sale Sealed bids will be received by the Forest Supervisor, Franklin, North Carolina up to and including May 13, 1939, ior all the live timb er" marked or designated for cut ting, and. all merchantable dead timber located on an area embrac ing about 200 acres within the I Sugar Cove Unit in the Cartooge- chaye Creek watershed, Nantahala National Forest, North Carolina, estimated to be 106 M feet of yel low poplar, cucumber, basswood, cherry, ash, northern red oak, sug ar maple, red maple, white oak, birch, black oak, chestnut oak, scarlet oak, southern red oak, beech, buckeye and chestnut, more or less; and an unestimated amount of chestnut extractwood. In addition there is an .unestimated amount of black gum sawtimber and chestnut oak tanbark which may be removed at the option of the purchaser. No bids of less than $10 for yllow poplar and black cherry ; $8 for northern red oak, cucumber, bass wood, ash and sugar maple; $6 for red, maple and whitejoak j$2 for chestnut oak "cRestnut," bircfi, Slack oak, southern red oak, scarlet oak, beech, buckeye and black gum; $0.50 per unit (160 cubic feet per unit) for extractwood ; and $1.50 per ton (2,000 lbs. per ton) for tanbark will be considered. $100.00 must be deposited with each bid, to be applied on the purchase price, refunded or retained in part as liquidated damages according to the conditions of the sale. The right to. reject any and all bids is re served. Before bids are submitted, full information concerning the tim ber, the conditions of the sale, and the submission of bids should be obtained from the Forest Supervis or, Franklin, North Carolina. A13 2tc A27 National Forest Timber for Sale Sealed bids will be received by the Forest Supervisor, Franklin North Carolina, up to and includ ing May 13, 1939 for all merchant able live or dead chestnut marked or designated for cutting located on an area embracing about 525 acres within the Hares Creek drainage, Tulula Creek Watershed, Graham County, Nantahala National Forest, North Carolina' estimated to be 2, 800 units (160 cubic feet per unit) of chesjtnut extractwood, more or less. No bids of less than $0.50 per unit for extractwood will be con sidered. $100 must be deposited with each bid, to be applied on the-purchase price, refunded or retained in part as liquidated damages, ac cording to the conditions of the sale. The right to reject any and all bids is reserved. Before bids are submitted, full information con cerning the timber, the conditions of the sale, and the submission of bids should be obtained from the Forest Supervisor, Franklin, North Carolina. v A13 2tc A27 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 States of America v. 769.51 acres of land in Clay and Macon LEGAL ADVERTISING Counties, North Carolina, Andrews Hardwood Company, et al. Notice of Action by publication of Sum mons. To: Mary E, Cover; Mrs. Millard Dailey; Roger Alexander Dcwar; 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 ; Hattie 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., Scranton, Pa; Big Creek Lumber Company, .Inc., New York; Birkelund, George R., Chicago 111; Corn, Minnie and husband, P. S. Corn, Union County, Si 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, Aleer. 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, Gnbbel, Hiawassee, Ga., Rt. No. 1; Hall, Addie, widow. Fay, Okla homa; Herbert, Donnie and hus band, Herbert, Bronson, Mo ;' Knox," Bertha and" husband, Knox, Krum, Texas ; Alc- C.lure, 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. Cherrv; 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; FLster, 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,a 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. D. and wife, Flora! E. Nichols ; Paddock Land and Company ; Smith, Ruf fina 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 or 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, husbands, wives, devisees, ex ecutors, administrators, representa- LEGAL ADVERTISING tives, alinees. successors and as signs, of eacn and every oi 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 after described that you, and each Df you, are necessary and proper parties to the just and final dispo sition of this action; that said ac tion lias been instituted by the United States Attorney for the Western District of North Caro lina, for the purpose of the appro priation and condemnation by judic ial process, for the public . use and benefit of the United 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-VI1 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 -VI II Being that part of Grant 2010 Cproperty 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, 2984, 3002 and 3110, in Clay County, North Carolina, containing 290.58 acres. Tract No. 301-XVII1 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-XIX 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 6f Hiawassee and D. W. Franks. Tract No. 1005c Situated 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 iH, 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 herein filed by the above named 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. Lytle, Dep uty Clerk. Attested: J. Y. Jordan, Clerk: By: W. A. Lytle, Deputy Clerk. . A6-4to-A27 , .:!."' : .-. ,