North Carolina Newspapers

NOTICE. Y North Carolina. In tho Superior Madison County Court Andrew Fisko and Mary Katlio rine llorsfonl. Surviving Trustees under the will of Ebon N. llorsford; Andrew Fiske in his own ri??It; Katie II. Otid:;cr, Kniniett 0. (itld- ger, Kalhi-rine Lunacy, Wallaco Fj Rollins, Einuia UoMius Tilm, Tho mas S. Jtullins, (Carrie Rollins, Sevier, Kulliriinc C. Rollins, Sadie M. Rollins, Myr!le Rollins .I'.ell, W. .1. Weaver and Jennie II. Gudger. Petitioners. Andrew Fiskc, et-al Petit :oners W. vs. Penelope A. St out, John L. El liot, Henry S. Elliot., Wilii.ni II. Urown ami Alary Love rr,r.m n wife, Eliza Hart 1 Ivile, R. T. Meaney and Jennie I.ove Meaney his wife. PefendanK To the Defendants above named: You are hereby notified that a speeial proeeedini;, ei:1 it led as abov has been eoniineuced in our Supe rior Court for Madison County, by the Petitioners above named aa n Bt the Defendants above named, and that the purpose of said pro ceedins is to proeurc partition .of real properly situate, in the Count ies of Madison and Haywood, in the State of North Carolina. .And you ami eai h of you are hereby re quired to appear and answer or de mur the Petition herein, before the Clerk of the above named Court, at the Court House at Marshall, North Carolina, on the Twenty first Day of July, A. D. 19-2. which i.i designated as the return day of this notice. Herein fail not, or judgment by default will be en tered against you. Given under my hand, this the 13th day of June, A. 1). 1022. W. A. WEST, Clerk of said Court. Penelope A. Siover et-al, and Unknown Persons, Defendants SUBSTANCE OF THE PETITION ' ' I ' . That petitioners and defendants are Heized as tenants in common and are the owners of divers par eels, pieces and lots of land in the State of North Carolina and in the North Carolina In the Superior Madison County ) Court. Andrew Fiskc and Mary Kalhe rine llorsford, Surviving Trustees under the Will of Eben N. Hors: ford: Andrew l'iske in his own right, Katie H. Gudger, Ernmett C. Gudger, K'Uherine Langley, Wallace E. Rollins, Emma Rollins Tighe, Thomas S. , Rollins, Carrie Rollins Sevier, Kathei ine C. Rollins Sadie M. Rollins, Myrtle Rollins Bell, W. J. Weaver and Jennie II Gudger. Petitioners. ;.: vs. " ' .:. " Penelope A. Stover, John L. El liot, Henry S. Elliot, William II. Brown and Mary Love Brown, his , Wife, Eliza Hart L' Engle, 11. T. Meaney and Jennie Love Meaney his wife, and unknown Persons. ; Defendants. : ODER OF SOHCR T0:UNK0I PERS33S It appearing fo the satisfaction of the Court by affidavit duly filed herein that there are persons inter ested in the premises described in the petitian which has been -filed in the above-entitled proceedin whose names are unknown ' to anil cannot after (ttie lillfgen.ee be as certained by the Petitioners; ' , IT IS ORDERED that all per sons having or claiming - any inter est in the promises described in the Petition (the substance whereof Ts appended hereto) be" and they are hereby required to appear and ans wer or demur to the Petition here in, before the Clerk of the above named Court, at the Court House at Marshall; N. C, on the Twenty first Day of July, A. D. 1922. It is further ORDERED, that this order, together with the sub- stance of 'the petition as, appended hereto, be published qnce a week for four successive weeks in The News-Record, a newspaper publish ed in Madison Cotinty, N. C," which is designated as most likely, to give" notice to said unknown persons. DONE AND ORDERED, this the 13th day of June A D. 1922. . W. A. WEST, f " '; i f I Counties of Madison and Haywood, all being parts of a large tract of land granted by the Stat of North Carolina to one Stockley Donelson, by patent dated August 28, 179"), and also lying within tlr; boiindar- vi of a tract rif land decribed in a iee l from John Love and wife Eli , . , . i i i i i .n!ei:: Love u uaviu ncision ami Era L' Homtnedieii, dated May !: I7;ni. the de rint on contained ;u said deed being as follows: 1 5 EC. 1 X N 1 N 5 at six I vnn t reos growing out of one root, one of the frees marked I. F. M , at. a spring which runs into Spring Creek, near Reynolds camp, called by some th Puncheon Camp, running thence east SO chains to a chestnut, thence south 320 chains tj a iyiin and hickorv. thence west 1700 chains to a sugar tree and hickory, thence north 290 chains, thence cast 210 chains, thence north 170 ehaius, i hence east 290 chains, thence south 1 10 chains, thence east W.Y) chains, (hence north 1)0 chains, thence east 70 chain, thence south 4j de grees east 200 chains, thence north t." degr-'cs east 200 chains, tluTwe cast b!7 chains and 10 links, thence south 1 10 chains to BEGINNING Containing G9,9S0 acres and Gl perches.. That the lands so owned by petitioners and defendants in Madi son County are also embraced with in the .boundaries described in a deeil from Solomon Brigman Esqr. High Sheriff of ' Madison County, to J. J. Gudger, dated July IS, 1So2, and registered in the office of the Register of Deeds for Madison County, Ni C , in Book C, page 59 j at scq., which said description is as follows: All that portion of a tract of land lying in the County of Madison and State of North Carolina, originally granted to Stockley Donncllson, supposed to contain ten thousand acres more or less, " situate lying on the waters of Big Pine and Spring Creeks, bounded as follows: BEGINNING on six lynn? growing out of one root, at a:spring running into Spring Creek near Reynold's camp, by some called the Puncheon Camp, and runs east 320 poles to a chestnut, then sout h 1280 poles to a lynnin the Lynn Cove, thence west 2880 poles cros sing Btg Pine and both Spring Creeks, to a buckeye on the- top of the main mountain and on the Haywood County line, then North 24' degrees West, along the main dividing mountain -'.and ; wUh th Madison arid Haywood County ine, 550 poles to a stake on tlv ine of the State of Tennessee thence north 32 degrees east,; and with the line of the' State of Ten nesscc and North Carolina; ' am: along, the top of the main moun tain, IGOt) poles to. a stake on the top of : the Big Bluff Mountain thence north"15 degrees west along the dividing mountain, and with the line of the State . of Tennessee and North Carolina, 400 poles to a stake on the CathCart and Stead man line, thence east 1900 poles to a stake on the Mountain Island Branch of -French Broad River, and about 1 mile southwest of the Mountain Island ori the French Broad River above the .Warm Springs, thence South '9G0 polei. to he BEGINNING. It being tha' pari of the tractof land originally granted to Stockley Donnellson for sixty thousand and four hundred acres that lies in the County of Madison and State of North Carolina. - r ' ,'a. '" (whoso names are set forth in the order to which this is appended) together with divers and sundry other persons whose names are un known to, and cannot, after due dilligcnce, be ascertained by peti tioners, are seized of and the own ers of the remaining undivided fif teen one-hundredths or 15 inter est in said lands. Ill That although the several tracts parcels or pieces of land of which petitioners and defendants are so seized and possessed do not cm brace the entire tract or tracts of land described in Sub division No. I, yet all of eaid several tracts, par eels or pieces lie within the bounda ries of the tract first described, Viz: the boundary described in the deed from Love to Gelston and L' Horn medieii; and that all the several tracts, parcels and pieces aforesaid lying in Madison County are cm braced within the second descrip tion in said Sub-division I contain ed; Viz: the boundary described in the deed from Brigmap; Sheriff, to J. J. Gudger; while 'the lands in Haywood County are embraced within the first description, but not within the second. IV That Petitioners do not know, and cannot without great delay, expense and inconvenience, deter mine the exact boundaries and de- . e . ii a i T. i .. t script iona oi an me several uai-w, parcels and pieces of land 80 own ed by etitioners and defendants as aforesaid, but that said lands have heretofore been the subject of litigation between the parties here to, in a suit in equity in the United States Distrtct (or Circuit) Court for the Western District of North Carolina, which said Court, by a decree entered at the Fall Term 1S9.", determined that paid lands were owned by the parties to said suit in the following portions; to wit: Ebsn N. llorsford an , undf vided one-half interest, J. M. Gud ger an undivided one-eight interest II. A. Gudger, Eliza J. Rollins, J M. Gudger Jr., and WUJie J. Wea ver an undivided one-eight inter est, and Penelope A. Stover, John L. Elliot, Henry S. Elliot, Wm. II Brown and Mary Love Brown his wife, Eliza Hart L Engle, R. T. Meaney and Jennie Love Meaney his wife an undivided one-fourth interest; and that by various de vises, decents and assigments the interests in said lands are now., as set forth in Paragraph II hereof. -'; V "' lands, and that same may be en forced by sale if necessary (5) For other relief. Theo. F. Davidson V. S. Starbuck Attorneys for Andrew Fiske and Mary K. Horsford, Trustees etc., and Andrew Fisk in his own right, Petitioners Herman A. Gudger, Thomas S. Rollins, Attorneys for the other Petitioners., I HEREBY CERTIFY that "the foregoing contains the substance of the petition in said cause. W. A. WEST, v Clerk of said Court. W.NA Sams Physician and Surgeon Office Front Room Over Bank of French Broad. DV. J. N. MOORE Has Moved His Office Up Over G rover C. Redmons Store. You Will Find Him There Any Time. II. That the several Petitioners are seized, in the aggregate, of an un- ivi!el 1 'v-l.ve pne-hiindretl.s. That Petitioners desire to have the said premises in both the Coun ty of Madison and the County of Haywood partitioned under the or ders an&T decrees of the Court, ; so that they may hold their respective shares in severalty, or that a sale thereof may be made and the proceeds distributed. v VI ' That the defendants for many years have failed to pay any of the taxes lawfully assessed and levied against said lands, and that certain of the petitioners have been com-J pelled to pay the same in order' to prevent the lands being sold for taxes, and that the sums so paid by them ought to be decreed to be a charge against the interest of do fendants in said lands. Said Petition nrays: (1) " For a determination of the exact boundaries of I he v lands so owned, and to that end that a re ference may be had or a survey or dered, or that such other, proceed ings may be had as may be neces sary. ; v.--------. .'-v, (2) That the amount paid, by pehiioners in taxes upon the inter est of the defendants in said lands may be determined, and said sum. with interest, may be adjudged to be due sa d petitioners and to be s I. dants in said lands, and that . pay ment thereof, may be, if necessary, enforced by a sale of said interest. (3) For a partition or sale of the lands lying in both Madison and Haywood Counties. (4) That the copts and c Dr. R. H. Burk's DENTIST Announcc's to his friends and acquaintances that he is permanently LOCATED over C.'B. Mashburns Office Where he may be found any; day in the week. And ever week in the Month. And every Month in the year. Enough Said: Come see me. JpjlN E. RECTOR For Cojunty Commissioner 7 .t , f Whereas a second primary having been called in the con test for the Republican nomination for Sheriff and the highest Commissioner fallini short some several hundred of a majority and in compliance with numerous demands made upon me from all over the county tfl enter my name as a candidate in tha second primary to bi held July 1st. In doing so I feel that I am complying with the wishes of a majority of the Republican vo ters in Madison County. I wish to emphasise the fact that I have no agreements with any one and if elected the obligations I shall be under are that I pledge all the people of Madison Couuty to give them so far as in ray power a straight forward economical honest busi ness administration. '. , JOHN E. RECTOR, f ' i t NORTH CAROLINA STATE COLLEGE AGRICULTURE AND ENGINEERING STATE COLLEGE STATION. RALEIGH, N. C - Technical F.ducntlon at State College prepare 111 graduate! for peraonal lucceaf and for leaderahlp lu IndiMtruU pragma. Tha collew uffera FOUR YEAR COURSES W. ' Afrlenltyra Including General Agriculture and Speclallied Course In Farm Oropa, Acrlculiuml Engineering, Animal Huabandry and DiilryUig, Biology, Horticulture, Poultry Helena). Bolla, Veterinary Medlcln. Vocational Education. ' 1 Chamlatry, Agricultural Cherohttry. Textile Chaniatar and Dyeing. Civil Eailneerlai, Architecture end Highway JiiurUwerlac Electrical Eeaieeerlae. Mechaaieal Engineering. ' Textile Textile Engineering, Textile Manufacturing, Textile Chemistry and Dyeing. Agricultural Eooaoatica, Bualaeaa Administratis, Rural Life. TWO YEAR COURSES IN: . Agriculture, Mechanic Art, Textile Manufacturing. One Year Courts la Awte ajaekaelei. ' Wlatee Course la Agriculture lor Farawr. Summer Beaalnn for Teachers, for College Entrance and for Collage Credit, Excellent equipment la all departments. , , Seaalon 1922-13 neglnl September t. ' Entrance reHilremenla for rteahman Class, 15 , units English, History, I Mathematics, 1H ; Hclence, 1; Elective, 6. For catalog. Illustrated circulars, and entrance blank, writ E. B. OWEN, Rsaletrar. WANTED Land salesman for Madison county, who can give $1000 bond, and has a car. To such, a good contract is wait ing. Write Tost Office 18, Hen- dersonville, N. C. v Dr. V. E. CHARPIE Dentist Is now located in Marshall and occupies rooms over citi zens bank, can he seen at all hours. We Buy, Sell or Ex change All Kinds Real Estate bffuatWHff Such as Farms, City Property, Timber and Mineral Lands "Any- where. When you wish to either buy or sell, AT PRIVATE OR AUCH ITION SALE write or come and see us. North Carolina Realty Company J. H. GROGG, Sec-Treas. Moved to 78 Patton Ave South of P. O, AsheviUe, N C. FOR SALE Eggs For SALE ! FOR SALE to Farms on Sand Clay rbad wth good dweling hou- 9 and bottom ' land close to Marion will sell fa bargain write. i . .. . S W. Halltburton, v. IIeudeson htreet Marion, N. C. DR. L. V. LISENBEE Optometrist . - , ... , ,i j If - r. i jV "I J For Sale in Mars Hill N. C. one third acre of land and one room "house, and one o room house, one stable, water in the yard, electric lights, . 200 yards from Public School house, 500 yards from College, $1000 cash. , J. A. Smith, A Jess Thomas, . Mars Hill, N. C. - s v ;N o t ice ! A Come unto me all . you that liave Eye trouble and I will give you REST. Will be at Dr., Moore's Office First Monday In May 1922. N.t! State License. ': Dr. L: V. LISENBEE, - ' T r Abbeville, S. C. Having taken charge o f the stock o f goods of H. B. Brown and Co. in a store house at the Forks o Ivy, a s assignee for benefit of creditors I will proceed, commencing next Mon day the 12th, of June to sell and dispose of said stock of goods at retail, wholesale, and i n bulk. The retail price of said goods will be greatly reduced and bar gains offered to the general public. . ' ' ' - . .---v.- -.. ' Any one wishing t o purchase said stock of goods in bulk may examine the said stock and sub mit their bid to me at Marshall. 'The Forks of Ivy is, -a good lo- I cation for a store and those wishing to buy m bulk can eith er continue the Duisnessat that location or move the stock, f This the 9thday of June, 1922. . C. B. MASHBURN. ' i Assingee. 1 Thorobred Barred Plymothrock Eggs, for sale $1.06 Per , Setting of 15 Delivered to any address. i. Robert Teague, Marshall, N. C. State Of North Carolina Comity Of Buncombe NOTICE is hereby given that the Undersigned will apply to his Excellency Governor Mor rison for the pardon of Walter Howard convicted at the July termofthe Criminal court of Madison County 1921. Any and all persons entering objection will send their objections to the Governor of North Carolina. This the 13th day of June 1922.'' (Signed) J. M. Howard, Applicant Agents Wasted ajge upon the interest 'of"defen-2av.Q YOUf 'EVOO ints in said lands, and that . pay- , Men and women t o handle city trade and retail the original and genuine Wetkins Products, Remedies, Extracts. Spces, Toil et Requisites, Houtehold spe cialties, Automobile, Accesories, ect: Over-150 guarenteed pro ducis. Our values are uneaqual- ij i tiT-i.: r six iea ana vyauvins wuaiiiy is in a class by itself. Write : today for free sample and full details of our offer and what it means" to you. The RJ. Watkins Co. Dept.77, New York, N.Y. If ,yoit neea piasses call on Dr. 3. E.BiLrneti, of Mars Hill, and have yotir eves examined. All j roritf ulkranteai. best of material tq All VfcsaTl KayjCczccra. - Notice' is hereby given that Ernest Payne, who was convicted at the September term of Super ior Court, 1921, in Madison Co unty, and sentenced to a term of 22 months on the county roads, will wake application to the Gvo ernor for pardon. All parties op pmed to this pardon will signify same by filing protest in tne Gov ernor's of Sice at "Raleigh, North rictlco cf Clssclatioa Notice is hereby given that the undersigned has sold their entire interest in the firm of the N. B. McDevitt Co.' to M- E. StI nes whojwill assume all indebt ness. -: : , ' I " " This the 27th. of June, 1B22. V. M. and J II. Roberts.