'1. -
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jxIE(Q)jD)
THE ESTABLISHED NEWSPAPER OF MA DISON COUNTY
irf&CE $1.00 A YEAR
VOL. 34
8 Pages
MARSHALL, N. C, THURSDAY, NOVEMBER 28, 1935.
i
DO YOU OWN YOUR
LAND?
or merely think you
own it?
In some counties in the State there
are amazingly large areas of land
which do not have recorded titles. In
the western counties the Federal gov
ernment is condemning thousands of
Acres for parks and florests. In rela
tively few cases are the titles so
claer that the government can afford
i to purchase the land outrigthjt. There
are three types of title difficulties
which are exceedingly frequent; yet,
most of these are not even suspected
by those who think they own the land
until government abstractors reveal
the title difficulties. These types of
title defects may be very generally
described as follows: (1) Vague
descriptions which render it impossi
ble to locate with certainty tftie bound
aries of the land, (2) conveyances
which through flormal defects failed
to pass title to land which they pur
ported to convey, and (3) missing
links in the chain of title through
failure to record deeds. The follow
ing examples are based upon actual
instances found in a single western
county:
(1) VAGUE DESCRIPTION. One
deed now so old that no living person
familiar with Che land can locate the
boundary gave the description sub
stantially as follows: "Beginning on
a chestnut on a knoll and running a
cross the spring branch to the top
of the large knoll to a stump, thence
in a line of an apple tree growing out j
of a stump, thence to the branch and
up the branch to a big rock on the
bank, thence to the point of! begin
ning." Formerly there were thou
sands of chestnut trees in the vicinity,
and there ate still several spring
branches and several dozen kjnolls
both small and large. No apple tree
growing out of a stump has been seen
for years in the general vicinity of
the land. There are thousands of
large rocks along' the banks ' of the
streams, and possibly hundreds which
- were tftiere when the deed was made
have disappeared or moved from
their places. Thus a description
which was probably clear to a number
of people at the time of .the con
veyance has been rendered meaning
less by the passage of) time.
(2) FORMAL DEFECTS IN
DEEDS. A father died leaving sev
en children to inherit his fends. The
children attempted to divide tfa land
by deeds, but there were only five
deeds. None of the deeds shows why
two of the children received no part
of the property. One of the deeds
was signed by all of the children, and
by the wives of two of the children
and the (husband of one of them. One
of the deeds was signed by only three
children. Most oft the deeds were sign
ed by only five children. Only one
of the deeds appeared to have all
the necessary parties, but no one to
day is sure as to how many heirs the !
father left surviving or who the nec
essary parties were. If tftie present
owners and occupiers of the land were
compelled to prove their titles, they
probably could establish their claims
more easily (if they could do so at
all) under that precarious and un
certain doctrine known to the law as
"abverse possession" then they could
establish record titles. Even yet it
is possible that after all these years
the present holders of tflve land will
be surprised to discover that when
HONOR ROLL
- of -
The News-Record
Beginning wiljx our issue of Oct-;
ober 17, we are publishing below '
U. nnvnoa luinn a nrKn an V Mrihe I
name nf tinnnln who Buhscribe
or renew their subscriptions to ThelfTi 'Ti. v t . . t We Metnoam ae- Van' or numDer 01 years ne Beaufort N C Mm Leon M Jones shalL Was been arrested by agents of
News-Record within the last week. " 10 Asnevuie. wnere he underwent nomination since he was twelve years was county attorney and served the " " wilH.n 7 .mm a It' the bureau of investigiition, depart
By keeping your subscriptions paid n operation for appendicitis nearly of lage. Largely through, his influence city of Manshall in the same capacity, f"- h- " unanf' afd. f rs-A- M' ment of iustice, and is lodged in the
up you wiu gyeatiy neip your locai
paper. Of course, thosj whose nib-l
scnptions are paid m advance are ai-
Ms. W?C.Anderson, Mars Hill. N. C.
John L. Anderson, Leicester. N. C. , J
Mrs. Manr Tweed, MUrshall, B 1
William Edmonds, Flag Pond, Tenn.
D. A. Phillips, Flag Pond, Tenn. ' i r
Faye Tweed. Whit Rock, N. C.
B. F. Huntley, Winston-Salem,. N.C.
Leonard Worley. Nunn. Colo.
Maltby Taylor. S4 Level, N.
William Taylor
Maco WaUm
J. L. Tyson.
T -OT r.mnlH Vint Qnrlnn M C I
. Altamahaw, N. C IrountV. anH thrnne-hont th atata. Ha i.nnnfir a tna ..hm la 1001 .nl .001 l 1 ill- TT. aftanait hurst, Mr. E. R. Tweed, Sr., Mr. J. . . .afltinn nr a mrrit Af hahaan
I mh 4 11 K. ' I - AvaA a" IOUI UW WWU jig - . , ., . a. yw- m " "
Knoxville.' Tenn. held la the highest esteem by it was et uhis term he distinguished tjhe public echools of Davie couaty Hubert v Davis, Sheriff Guy Engl, and a heMring w to be held,
. IT . VW.lIf.WM, rm O f .
O. W. Clemmons, Washington, D.C.,fsllow citixens s evidenced by he
tG, DwEmW'rd-okHet2V "S r ,ac th h w President of the
Mrs. Leta Walling, wnite Kock, N.U ! i. r x A...ifina
Tmv PMnr Marahall W 1
iroy itecior, Aiaranau, k
Jesse O'iley, Weaverville. N .0 .
Wayne Farmer, Charlotte, N. C
they purchased these (properties they
"bought a law-suit insteUd of land."
(3) FAILURE TfO RECORD
DEEDS. In one case the abstractor Had the old magistrate died, the own f 604176 descriptions, defective con- ality; trim off (all mannerisms of voice
was bringing forward the abstract of er might have faced serious difficul- veyances or chains of title with links dress, or deportment; pour oven it a
conveyances under a grant. Sudden- ties in proving his title. mla8n from the records wU1 douitr mixture of equal parts of the wisdom
lv the title cam to an pnH witn a . le8e discover foor many years to come dom of Solomon, the courage of
conveyance nearly thirty years ago 1 Althouh 'ccoy.d tltfea J6 exwt- fcat w laws of real property are ,young David, strength of Samp
tw ,oij . hAr ed to North Carolina since- the seven- disciDlinariana and sometimes son. and the patience of Job. season
of the property, tut the records show-
ed no deed to him. He was called
in and stated that he had "his deeds"
at home. A few jays later he came
in with six deeds which fortunately
covered all the conveyances since the
ii , ,.j tt nmnnai'
magistrate who took the acknowledg-
..... .
ment of one ofl the deeds merely
in0i it ... . iT.vc tw. onin.r
. . . , . , . laitu 111 Iliaiijr cuu".'. "'"ft
the acknowledgment of execution of " . . . . . ,
of the deed, and the grantor haMong116118 9tered mr6
since been defed. For a time it ap-
neared that this deed could not be
, . . j j t. t I. i
probated 'or recorded, but ultimately
the marfristrate who attested the deed
. . . ., t
wa nu .uu .
the grantor actily acknowledged
the execution of the deed, and he
- m a a
therefore hlled out ,tne cjennicaue
. I i . '
which he had overlooked years be- the bar with a record of nearly a
fore. By ft series of most fortunate century of the practice and hun
circumstances the present holder is dneds of title cases to his credit la
able today to sfoiow a record chain of mented th(at "we are raising a gen-
r
Funeral of Prominent Mar thai
Attorney Tuesday Afternoon
,
Mr. John A. Hendricks, age 74,
prominent attorney and citizen of
Marsnau, and dean of the Madison
. -
county bar, died about noon Monday,
T I ni i it- v , . ,'
xt., i . ok i m.-.; i i'
out weeiu ago. roiiowing tne opem-
his condition was satisfactory
and ne 8eemed to be fiTSinirUT STOUnd
ntil a 'ew days 4"0 whem poison
entered the blood stream and his
ondition was considered grave last
Satunjay. His sudden serious attack
and his failars to recover have
brought distsressi jhnd soarow, not
only to his immediate family, but to
a a.. a aa '
thS mSmDSM Of U BrOfeSSlOn and
wau vu
u i atl. r v-n
.wa ircmuBui. vi tna auwui iiritau
Club at the time of Us death, had
. w .nis many xnenas in Marshall, Madison and 1891. He renresented Mad son vi conntv and vu born January 2. nrisoner throuzh his counsel.. Has fil-
title favorable to him. But, had
these deeds been lost during the years,
nr a fir Hstroved them, nr a defect1
. rev . . ' nnn n, ' nr ftven
teenth century when the LordB
Proprietors received grants from the
Kin' there re hundreds of deeds ln
the State whicn are not, 0,1 record.
Almoa every county fcid cilty at-
torne who, inatitute" " foreclos-
urea annually discovers property list-
ed or toxe8 " ' ? de8crlbed
the riefld records. Until fairlv recent
: .. . . .
J,calB "" v.....vi
r A-a,H taa InlW nno LOlmAll
. , . , ,. ., ,. ...r
"-"- u"""8
years. Even today entries are some-
, ., , ,. ,
v. , . r ,
cupies or, apparently, claims. Land
,. , .on am ivate citizen3 hag
.aMM,. 1 ,, rnritv when
UilllUOV LVUUVU at J U "
Kill l l
our courts try an old-fashioned 'land
fiht. Recentlv an able veteran of
4
X1
I,
mim a urxrnmnre
tJllill tm lliilLlllVlliJ
; been for a number of years chairman
' of the board of stewards of the Mar-
shall Methodist dhurch and teacher
a aT t;ui -1 - il. f.l .1:-.
". ' "''0'
, church Sunday School, he having
. . . . 11
t . ... ., ,. . ,
m the legislature and his foresight
' and ability as a citizen and lawyer,
M&mTiall llA-ft OTIA nf thp fin paf wAtpr
systems in this section and some of
the most picturesque paved streets.
Mr. Hendricks was la progressive cit-
';ken, always sUnding for the best
things in th community. He served
two terms in the stats legislature,
Representing Davie county in 1889 1
flimnnlf Irfmla In nrnmntln.
a - T J.WU.W-U.B VU
cause of North Carolin great high-
way system. Hs was one of the four
.- .uv
wuo ummu tuv original state nigu-
......
way oui ana aid aii ne could in ves oe-
half on the floor of the lower house,
eration of lawyers who do not know
anything about real property laws."
However, landowners in this state
who have titles which depend or de-1
slap without mercy the Ignorant and
careless as well as those who know-
ingjy violate the rules. Often today
( Unsuspecting ("owner". learns
that hia title ia bad( not when hia
neighbor "laws" him, but when, in an
emerirency. he seeks a loan offerinir
Ihfs property as security. Every land
.u j .n n
mu uu ri w oai.uM.jr uuu-
' H m . 1 j i l
8eii wai nis deea is regular and re-
bviuoui kiiab ills strain Ul tttio tvw
. A . . . x, ..
V the st twenty-five on thirty
' ., . , ' t
, T"' "4 " "ul '
clear to him but that the boundaries
. , . .
. , , , ,
nature and easily located with cer-
taint
I
"I want to be procrastinated at
the nex' corner," said Uncle Rastus Mrs gmitift waslassisted by her moth- Tobacco Maiket an averiage price for
to the street-car conductor Mrg sidn Izlar Sr consisted his tobacco practically unequaled by
You want to be what? evening tea served to the im- 'any oBKer market in the Burley Belt.
"Look in de dictionary, sah! 'Pro- of an evening tea servea 10 me im mBrfPf soih last season 2 599.
crastinate, to put off.' Dafs what I mediate family, and was in honor of 70TZ?gZZk
moan ' ' 1 W Al oni. 1 : ..tl- 1 .. c 1 r Trill . ., .
mean.
-
'i
t
nirn i act m amiia v
ULLiU ITlkJ 1 lIlVflllilLl
For fifty years Mr. Hendricks had
Kn iHor i th pn,,hlir..n nr-
ty and was presidential elector at
large from- this district in 1916.
While he was a staunch Republican
s a stauncn KepuDiican
he had many riend8 of the opposite
. - .
, . ...
During the World War he was chair-
man of the Madison county
intra nnmmiffaa innH tna nn
war sav-
county chap-
,ter of the Red Cross. For a number
1 0f yeans he was a trustee of the Uni-
versity of North Carolina. He also1
made ft very creditable showing when
h rn fr ron cress while Mr.
Coolidgewas running for president.
Mr. Hendricks was a native of Da-
a.liaiMiWA CUWVW Jk HUU'U W Q V
Davidson county. He was graduated
from the University of North Caro-
... . . o a
ima WKn a WW Oegree m lo nun
goon tnereaiter moved to juarsnan
to practice law. From 1901 to 1915
fea -J l.t.,Mj Tnlloira In lur- Vreorge mcn-uiuey, mr. v. -.. , v-ft.THlla Ilrflf. oVIorlr Wed-
T HE MA K I N GO F
SPRING CREEK TEACHER
"Select a young pleasing person-
with, the salt ofl experience, the pep-
per of animation, the aid of symp(a-
thy, and a dash of humor; sUw for
about four years in a hot classroom,
testing occasionnally with a fork of
criticism, thrust in by a principal or
a euDerintendent When done to a
turn, garnish with a small salary and
x. u
yc nut tv ww v"uiiui.jr.
aeieciea
Celebrates Eightieth
Birthday Anniversary
Mrs. F. E. Smith, nee Miss MaryLecbs seemed verv bright for this sea-
Lee Izlar, entertained at her home in
Hot Jn Monday, Nov. 25, in
y i, .r.yt.Wr Mrs. M.
OVAIUJ. WJ. avr (L - mrm V - w
L. Hill. The entertainment, in which
tne oui-n ouniuajr ui mia. inn.
-4
he waa : ?pecia' attorne for the u
mted States Indian service, claims
department, spending much of his
time in Texas. However, he was a
resident of Marshall for about forty-,
1 e v.1'
He is survived by his widow, who
was before marriage, iliss Let it La
'
May Mason of Otapel Hill, and four
A a 11 oh tons MPS JnisOnh WdlKO nf
daughters Mrs. Joeeoh House.
c ---6", -
nc iso icavcs une oatei, wuii.
Ann Thompson, of Mocksville, N. C.
The funeral services were at Jhree
o dock Tuesday afternoon at the
eaYful residence, conducted by
his PMtr ev- J R- Duncan, of
Marshall, assisted by the Rev. Dr. W.
E- Finley, ofl Hot Spnags, and hy the
Eev - Mr- West, presiding elder. Active
.altaaaMM HfAMa m U A XST a
, J .
Kector. Mr, Cleopnus Rector, and Mr.
& B. Boberti Members of the Mad-
Ison county bar were named as non-
... . , . .
nnarv nn1hAsrrti. TK floral tributes
,wer exquisite.
.j
m
Asheville TobaCCO Men
Visit Marshall This
Week
ASHEVILLE WAREHOUSES
OPEN THIS WEEK
Mr. Lawson Jordan, supervisior of
the Asheville tobacco market, accom
panied by a friend from Asheville
was in Marshall Tuesday morning.
Mr. Jordan having arrived in Ashe
ville several days ago. After placing
t)h,e two Asheville Warehouse ada
which appear in this plaper, Mr. Jor
dan had the following to aiv:
The Asheville Tobacco Market will
open on Decembed 4th, at nine o'
clock, a. m., ftor the 1935-36 season.
There will be a large group of buy
ers on the market this seiason repre
senting al of the large and leading
tobacco companies, bob.i foreign and
domestic.
Mr. Jordan stated that the pros-
son on the Asheville Tobacco Maiket.
While the crop is not estimated a
being any larger than last year it is
generally known that the tobacco
price oil $17.43 per hundred pounds.
Due to the hbove fact along witn
strong competitive bidding as well
as the best Warehousemen in the
tobacco indust y, and witn a ware
house floor apace of approximately
one hundred and twenty-five thou
sand square feet for marketing the
grower's tobacco, the market should
easily sell four million pounnds this
yelar. , ,A
Good loads lead into Asneviue
from every direction, and transporta
tion to the Asheville Market is easily
available to the tobacco growem
This season it is expected that tobac
co will be sold in Asheville flrom all
over the sunounding tobacco terri
tory, and with the excellent pprepar-
lations that have been' made for the
market tfhis season, the tobacco grow
ers will find improved conditions for
the selling of their tobacco this sea
son, and will find that the entire
forces on the Aneville Market are
working to obtain the highest possi
ble iprices for the. tobacco offered.
Tobacconists have been favorably
commenting On the higih average
price paid oft the Asheville Maiket
fast season, and the rapid advance
ment ofl the market together witn
the high average prices paid, will
brine to Aheville this year thousands
of pounds of tobacco, as tine grow
ers find that tine advantages offered
by the Asheville Maiket are practi
cally usequaled in this territory.
It appears that Asheville is head
ed for a banner season this year, and
CTOwers selling on the mhrket, will
find that the smooth operation and
efficient sales will bring returns to
them in advanced prices.
Mr. Jordan stated trait the three
large tobacco warehouses in Ashe
ville will open Wednesday, Novem
ber 27th, to weigh and receive tobac
co. Chambers Reaves land Co., op
erators of the Cai olina Warehouse,
and B. B. Saunders, operator of the
B. B. Saunders Warehouse at Bilt
more, and also operator of the New "
Banner Wa"ef-iouse, will have their
respective houses open and their
floor managers on the job beginning
Wednesday oft this week.
The three large tobacco warehouses
cover a floor space of anproximateiy
one hund ed and twenty-five thou
sand square feet land tihe tobacco
grower can rest assured that his to
bacco will be well cared for in any
one of the three warehouses.
ROBERTS COATES
Mr. GeoTpo Rnhrts, "o of Mr. -nd
Mrs. G. G. Roberts, of Hi rsSall. r-2
and Miss Iva Glen Contc. HaiK'iter
I of Mr. and Mm. A. W. Coates ofl
'i"i, v-era quietly married at
Greenville, S. C, Sat-rd Nove. i-
-;b.r 28. m.:
Another Bank Robber
A-lro4lrl T lfnvv;H
Kyle Ramsey, wanted for Darticipa-
t, ti:n
"- - Mir
U' "Cn tne VitiienS rI!K Ol Ma
K,n0x county jaU in Knoxville.
Ramsey was taken into custody,
Sunjav n5oht in th Newoort .PcMon.
nar his nome by Department of
Justice agrents. He was immediately
uken t0 Knoxville jaU, pending
exeCution papers for bis removal from
eastern district oil Tenroesse to
the u g district court' for the west-
ern district of North Carolina. The
....
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ncaday. The federtd authorities will
regi8t tfce petition and seek to have
. vu. ..
'"i" v
4. i-.t an.uv ..J kkmI
, -1-1
(will be hrd next week.