Newspapers / The Yancey Journal (Burnsville, … / Jan. 23, 1941, edition 1 / Page 4
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PAGE FOUR ORDER OF RE-SALE j IN THE SUPERIOR COURT ! T, 1. Wilson, Administrator of the Estate of Jo# N. Wilson, Plaintiff Versus C. I. Carter and wife, Thelma Carter, Josie Brigrman, James Cole and Joe M. Burleson, Defendants Pursuant to and as directed by the Order and Judgment of His Honor, William H. Bobbitt, made and entered in the above entitled cause in the Superior Court of Buncombe County at the Regular January Term, 1941, at Asheville, N. C„ on the 13th day of January, 1941, the undersigned will, on Monday; the- JfMMfey of Febru ary 1941, of Tz o'clock Noon, at the’Court House door of Yancey County, in the Town of Burnsville, North Carolina, offer for sale and sell to the highest bidder for cash in accordance with the terms and provisions of said order and Jud gment, aforesaid, and subject to prior liens, all of the property of the defendants described in the Complaint and in the Orders and Judgments of the Court lying and being in Yancey County, North Carolina, described as follows, to-wit: FIRST TRACT: On the waters of Indian Creek. BEGINNING at a stake in the county line between Yancey and Buncombe Counties on Little, Rocky Knob, at the Southwest corner of tract of land known as Keith’s Gamp Ground, described in a deed from John Gray Blounts' Executors, to - Joseph Shepherd, dated March 31, 1835. and record ed in the office of the Register of Deeds -for Yancey County, North Carolina, in Book 1, page 264; and runs thence with the west line of said Camp Ground Tract north 2 % degrees west 142 poles to a stake, its northwest corner; thence with the north line of said tract south 86 degrees East 122 poles to a beech, another comer of said tract; thence with the east line of said tract south 6 degrees east 120 poles to a white oak, with a red oak pointer at the southeast corner of said tract in the County line above mention ed; thence with said county line as follows: North 65 degrees east 22 poles; north 48 degrees east 12*4 poles; north 80 degrees east 13 poles; to a stake on Big Rock Knob; thence still with said Co unty line follows: north 57 de grees east 10 poles; north 60 de grees east 58 poles; south 70 de grees East 11 poles; north 81 de grees east 20 poles; south 77 de grees east 22 poles; north 66 de grees; east 12 poles; north 50 de grees east 16 poles to a stake in Horse Shelter Gap -/ thence still with said County line north 60 degrees east 28 poles; north 44 degrees east 20 poles to, a stake in the south line of a tract of land known as the Glade Tract, conveyed by John Gray, Blount’s Executors to Joseph Shepherd, by deed dated March 11, 1839, and recorded in said office of the Reg ister of Deeds for Yancey County, North Carolina, in Book 1, page 265, thence with the south line of the Glade Tract, North 86 degrees west about seventy poles to a stake at its southwest comer; thence with the west line of said tract north 4 degrees east 50 poles to a stake at its northwest corn er; thence with the north line of said tract south 86 degrees east 35 poles to a stake in said north line, and in the line of the Elever ’ Spring tract; said stake being 5 poles northwest of the Chestnut comer of said last mentioned tract; thence with the west line -of said last mentioned tract north 9 degrees west 66 poles to two water oaks one and one-fourth (1 1-4) poles north 49 degrees east from a cliff of rocks; thence with another line of Elever Spring tract north 49 degrees east 20 poles to a beech; thence north 42 degrees east 8 poles to a stake on top of a ridge; thence north 37 degrees west 28 poles to a stake; thence North 63 degrees west 58 poles to a sugar tree, the begin ning corner of a tract of land known as Bailey Cabin tract; thence with the line of said last mentioned tract south 49 degrees west 35 poles to a stake; thence with another line of said last . mentioned tract north 26 degrees ' . west 94 poles to a stake in the line of the Fox Gap tract; thence with the South line of said last mentioned tract North 86*2 de grees west 65*4 poles to a bunch of cucumber, the beginning corn er of the Fox Gap tract; thence with another line of said tract south 88 degrees west 40*4 poles to a stake and pointers, a corner of the Fox Gap tract; thence with another line of said tract north 3*4 degrees east 68 poles to a stake at the southeast comer of a tract of land conveyed by Willi an Johnston, Jr„ Administrator to W. L. Maney, by deed recorded in the office of the Register of Deeds of Yancey County, in Book 33, page 258; thence with the south line of said tract north 89 degrees west 79 poles to sugar tree, the beginning corner of said last mentioned tract; then south 49 degrees west 63 poles to a stake and fallen poplar; thence north 41 degrees west 154 poles to a Beech; thence north 49 de grees east 60 poles to a chestnut; thence north 69 degrees east 44 po)es to a stake on top of a ridge; thence with the top of said ridge north 80 degrees west 6 poles to a stake, north 14 degrees west 25 pdles to a white oak on top of Green Cove Ridge; thence with the top of said last mentioned ridge north 77 degrees west 20 poles to a stake; north 86 degrees west 6 poles to a stake; north 71 degrees west 10 poles to a White Oak on top of Mill Knob between Indian Creek and Green Cove Branch; thence with the top of said ridge north 52 degrees west 10 poles to a stake; north 60 de grees west 22 poles to a stake; north 24 poles to a stake; north ] 23 degrees west 16 poles to a stake; north 42 degrees west 18 1 poles to a stake; north 10 de- jj grees west 16 poles to an iron wood; thence north 25 degrees west 42 poles to a Chestnut Oak; thence north 2V4 degrees east 36 poles to a stake, formerly a Dog wood; thence north 2 2% degree# east 88 poles to a fallen Chets nut; thence with a line of the tract of * land conveyed by Joseph Shepherd , to John Shepherd by Deed re corded in said Office of the Reg ister 7 df Deeds of Yancey County, in Book 1, page 373; south 39 de grees west 44 poles to a Hickory, formerly a Poplar; thence south 3 degrees west with said line last mentioned 37 poles to a-stake on the back line of what is known as the Loranee Tract; thence north 87 degrees west 30 poles to a Cucumber, John Maney’s corner; thence with Maney’s line south 2 degrees west 221-3 poles to a Dogwood; thence south 88 degrees east seventeen (17) poles to a stake, formerly a double maple; thence south 20 degrees west 126 poles to a stake in the north line corner of a tract of land conveyed M. B. Maney by R. M. Hol combe by deed dated March 13, i 1843; thence with the north line i of the Shepherd tract south 86 , degrees cast 58 1-3 poles to a stake and chestnut pointer; thence . with another line of Shepherd tract ’ south 4 degrees west 135 poles to a i sugar tree; thence south 8614 i degrees east 22%. poles to a stake; [ thence south 49*4 degrees east 24 ? poles to a . stake, formerly a locust; thence south 36*4 degrees ? east 10 poles to a stake, formerly , a cucumber; thence north 86 V 4 degrees west 7 poles to a stake, ’ formerly a black oak; thence south 35*4 degrees east 84 poles r to a stake formerly two hickories ’ and a water oak; thence south ' 86*4 degrees east 6 poles to a \ stake; thence south 16% degrees | east 182 poles to a hickory stump; : thence north 88*4 degrees west • 73*4 poles to a buckeye; thence south 7*4 degrees east 100 poles 5 to a sugar tree; thence south 44*4 r degrees west 10 poles to a stake 1 in the north line of a tract of land ’ conveyed to J. J. Maney by R. : and J. R. Love by Deed dated . December 15, 1848, and recorded 1 in the Office of the Register of • Deeds of Yancey County, North ■ Carolina, in Book 5, p«ge 288; • thence with said line south 86.5 degrees east 3-4 poles to a stake; 1 thence with the east line of said : tract a stake; thence with the east line of said tract 23 degrees west 64 poles to the southeast corner of said tract and the north east of a tract conveyed to said Maney by Hand R. B. Johnston; thence with -the east line of said last mentioned tract south to a stake in the county line between ! Buncombe and Yancey counties; ! thence with said County line in an I eastern direction to (he BEGIN | NING, containing nine hundred ‘ and forty (940) acres, more or less, excepting and reserving from ; this conveyance, however, a tract J of land containing one hundred | and five (105) acres more or less, lying entirely within the bound aries of the above described tract ; known as the Sodom one hundred ! and five acre tract and fully des cribed in two deeds to S. T. Hol ! combe; one from R. and J. R. | Love, dated “November 27, 1857, j and the -other from Hugh Johns ton, dated October 25, 1859, said 1 deeds being recorded in the office ; of the Register of Deeds of Yan ; cey County, North Carolina, in “ Book 4, at page 126, and 3 res | pectively. • JL ■ SECOND TRACT: On the . waters of Blankenship Creek, j known as the Laurel Gap Tract. . BEGINNING at a Cucumber on , tO P of a ridge south of the Lick , Log Branch, and runs south 25 , degrees west, 100 poles to a t Spruce Pine, on the west bank of Big Laurel Fork of Blankenship , Creek ;-■< thence up and with the } various windings of the creek to , the Laurel Gap; thence south 25 J degrees east 60 poles to a stake; j thence south 45- degrees east 40 . poles to a locust on the north of j a branch, one of the tributaries . of Elk Fork, the total distance j from the Spruce Pine above men . tioned to said locust being 238 t poles; thence north 4 degrees east . 185 poles to a sugar tree; thence , north 72 degrees west passing , a ' white oak comer of S. C. Blank -5 enship and Ossie Burton at 68 , poles, total distance 201 poles to ) I the BEGINNING, containing 1801 . acres, biore f or iess, and being the same tract of land allotted to R. i B. Johnston in a special proeeed ing conducted in the Superior , Court of Yancey County, North , Carolina, in 1886, as appears from , (he report of the Commissioners . in said proceeding as registered , * n the Office of the Register of , Deeds for Yancey County,* North i Carolina, in Book 15, page 285. ' THIRD TRACT: Known as the Glade Tract. BEGINNING at a fallen Cherry I on Blade’s Knob, and runs 50 poles north; thence 100 poles west; thence 50 poles south; thence,l°o poles east to the BEG INNING, and being the same tract of land deeded by E. fi. Metcalf, Commissioner to W. T Angline, by deed dated the 13th day of September, 1930, and re corded in the Office of the Regis ter oi Deeds of Yancey County, N« C* in Book 72, at paxe 315. And all of the above property being the same property as des cribes!. in one certain Deed, regis tered in the Office of the Regis ter of Deeds of Yancey County, in j ß °L k 79 ’ at pa * e 376 (425); a *liLi« u a "! e proporty »« des cribed in Book of Lis Pendens No. }: a U, pa , Ke i 4 2: in the Office of t“ e Clerk of the Superior Court of Yancey County, North Caro lina. The above described land will be sold us a whole and the bidder will be required to deposit the amount of his bid, in cash, subject to acceptance and approval by the Court. This sale is made subject to un paid taxes and penalties and all hens, which are, as a matter of law, entitled to priority over the SIX ROOM house, bath, modern, with four acres in West Burnsville for sale or rent.—See Guss Ed wards, Bald Creek, N. C. FOR SALE or will trade for poultry: Two new sin gle mattresses; six new cotton blankets; one sin gle burner oil stove; one electric stand lamp; one electric floor lamp.—J. W. Dale, Pensacola, N. C. NOTICE OF SALE OF LAND By virtue of the power of sale contained in a certain Deea of Trust dated April 14, 1934, and recorded in the office of Register of Deeds for Yancey County, in Deed Book 10, page 304, and exe cuted by A. L. Silvers, and wife, Effie Silvers, to W. C. Berry, Trustee, and default having ,been made in the payment of the in debtedness thereby secured and the holder of the indebtedness having made demand upon said trustee to sell said lands there fore the undersigned trustee will on the 21st day of February, 1941, at 12:00 Noon at the courthouse door in Burnsville, sell to the highest bidder for cash the fol lowing described real estate: > BEGINNING at a chestnut cor ner of R. N. "Silver and J. D. Hughes and runs northeast course to a spring at the head of a small branch; thence down and with said branch to the creek; thence up and with said creek to Bill Mum power’s corner; thence a south east course to the railroad; thence down and with shid railroad 11 poles to J. G. Cj&rtiWaty’s corner; thence south 38 poles to a chest nut in J. D. Hughes’ 4*nef~thence a southeast course with a condi tional line and J. D. Hughes’ line to the BEGINNING Containing 35 acres more or less. Except ing, However, three acres sold to Kelce Branch, as shown by a deed from A. L. Stiver and wife, re corded in Deed Book 68 at page 176 records «f Yancey County, N. C. This the 20th day of January, 1941. W. C. BERRY, Trustee. Jan. 23, 30, Feb. 6, 13, 1941 NORTH CAROLINA YANCEY COUNTY Under the power of sale con tained in a mortgage executed by Charlie Honeycutt and wife Het tie Honeycutt to Bob Bradford, dated January 28, 1938, recorded in Book of Mortgages No. 26 at page 37, to secure certain indebt edness, and default in the pay ment of the indebtedness having been made, the undersigned mort gagee will offer for sale at public outcry at the courthouse door in Burnsville to the highest bidder for cash on February %_4*941, at "11:00 o'clock A. M., the Following described tract or parcel of land located in North Carolina, Yancey County, Egypt Township, des cribed as follows: BEGINNING on a white oak on the Holloway Ridge, thence down and with Joe Honeycutt's line to a water oak by the road; thence to a double chestnut on Lotties Ridge; thence up the ridge a conditional line to a.double maple, Burgis Hensley and Bob Bradford’s corner; . thence down and with Burgis Hensley’s line to a sugar tree on bank of branch; thence across the branch and with Burgis Hensley’s line to a bunch of mafdes on a small ridge; thence up and with Isom Ramsey’s *ljne to the beginning, containing 28 acres more or less. This the 31st day of December 1940. 808 BRADFORD, Morgagee Publish: Jan. 2,9, 16, 2 , 1941. NOTICE Service of Summons by I’uhlica tion IN THE SUPERIOR COURT STATE OF NORTH CAROLINA COUNTY OF YANCEY Ada Willis vs Dave Willis - The defendant in the above en titled action will take notice that summons has been issued and complaint filed in the office of the Clerk Os the Superior Court of Yancey County, in which said complaint divorce absolute is prayed. The defendant, there fore, is ordered ’ and directed to appear arid" answer or demur to the complaint withih the time specified by Statute. And let the defendant take notice that if he fails to appear and answer or de mur within the statutory time the relief prayed will be granted. This the 14th day of January. 1941. FRED PROFFITT. Clerk Superior Court. Jan. J 6, 23, 30, Feb. 6, 1941 Judgment in the above entitled cause. This 13th day of January, 1941. J. C. CHEESEBOROUGH, Re ceiver. Jan. j 23, 30, Feb. 6, 13, 1941 L , ASK FOR i MENTHO tO 1 HULSION COUGHS THAT WON I TURN LOOSE m TAKE, ONE SIR ■ OF MfcNTHO-MULSION ■ WAIT MVE MINUTES ■ IF YOU FAIL TO GET * J W EXPECTED RELIEF LASK FOR YOUR MONEY BACK^~« THE YANCEY RECORD BURNSVILLE— “So They Say” The weather: Just like springtime! We all prepar ed to hibernate last week when the cold wave reach ed us. Then—April showers and sunshine and ✓Arery warm. Moving about: The Geo rge Robinsons from Celo to upstairs apartment of Doc Jones’ building, and a “Bachelor Club” for first floor apartment .Harlan Holcombe, Carl Hyatt, t Jr., Bailey Whitt and Glenn Gardner.. .1 The Clyde You ngs from Micaville to East ; Burnsville, and the Stan ! leys to apartment at Mrs. , Andersons. (He’s lumber s man here). 1 New arrival: Daughter, i Katherine Idalyn, born to ; Louis and Katherine Poll ? ard in Memphis on Decem ber 31. And doesn’t it seem that Louis should just about be getting into long i trousers now! Time flies! Sorry that Olive Briggs has been so ill. Is now in Bristol hospital because of i severe attack of. mastoidi ; tis—or aren’t all attacks of j that severe? Everything is lining up r fine for the “Fight Infan tile Paralysis” campaign. J The buttons, dime cards ■ and coin boxes are having \ a fine response, and the Methodist Society will give ’ a silver tea on Thursday afternoon. The ladies Sf the community are cordi ally invited to attend. Then the ball on next Friday night (January 31) , promises to be the ever! The committee is i making fine arrangements t and they’re hoping that ; among others * who come f will be Mark Bennett and * the group which he brought i over from Marshall for the 1 Christmas dance and which \ proved most popular, and i Alden and Stell and their ‘ attractive friends from Marion who came over once ; before. , Algie Boss and his ten ; piece orchestra will play 7 for the affair, e' And if you like to see the ? crowd, hear the music and ’ help out the splendid cause ; but aren’t dancing, you l may “spectate.” There’ll be plenty ,of seats and you’ll bej s most welcome. " The Little Theatre Group is planning a production soon and every one who has ever seen one of their presentations is looking forward with the keenest interest. Remember “Sun Up” and “Roam Though I 1 May?” And now we must get out in the nice sunshine! . ~ | More abbut ACCIDENTS • From front page) curve.” !, ■ In another instance, a ; boy riding on the back of a truck, fell off while at tempting to attract the driver’s attention to get him to stop the truck and let him off. “Such assidents can be eliminated if every driver in North Carolina will re fuse to carry any passeng- ■ ers for whom they cannot find a seat inside,” said Ronald Hocutt, director of the safety division. “Furth ermore, - all persons who ride in motor vehicles as passengers should learn that it is dangerous to lean on door handles.” “Failing out of a moving vehicle is sheer careless ness and can be prevented only by the use of a little common sense,” he added. More about— “ j : GOOD DRIVERS ’ (From page one) among youth,” Mr. Ford commented. “The response to our 19- 40 contest was very grati fying and encouraged us to broaden the scope of the League’s work this year. We febl tnat over the years the Ford Good Drivers League can and will make an increasingly important contribution to -the cause of good driving and to crease safety on our streets and highways. /‘‘lt is .hoped that this | year’s League activity will! prove highly interesting to many civic organizations,! safety clubs, public .offi cials and schools whose help last year in further ing the work and objectiv es of the Leagug is grate fully acknowledged.” * Each state, according to Mr. Ford, will have its own elipiination contest to se lect the boy and girl state champion driver, as well as a runner-up jn each divi sion. A separate elimina tion contest will be held this year in the District of Columbia. Last year Wash ington, D. C., entrants com peted in the Maryland state contest. State competition throu ghout the nation is sched , uled for next July 1, bring ing together at a central point in each state the 12 leading boy and 12 best ' girl contestants. They will be chosen by the League . board of judges on the ba sis of a road testninder a 1 qualified observer, a letter on the subject of safe driv ing, and their answers to a questionaire on driving. - In each of the 49 state final contests, safety ex perts assigned by, the Lea gue board of judges Will rate the boys and girls on their driving ability in “on the spot” tests. The 49 boys and 49 girls chosen as state champions will be FRI. & SAT., Jan. 21-25 No. One ‘Congo Maisie’ WITH ANN sothern JOHN CARROLL No. Two - Silver’ '• with SILVER CHIEF LYNN ROBERTS also ' JUNIOR G-MEN comedy “THE FILM FAN” SUNDAY, JAN. 26th THRILLS GET THE GUNE Hmroicdrama..Mighty „ Richard OIX • Kent TAYLOR Edmund LOWE-Wendy BARRIE added “Spotlight on Indo China”’ •“3- and “SNOW MAN” • invited to compete in the national finals to be held in Dearborn, starting Aug. 6. « Each national finalist, accompanied by a sponsor, will make the trip to Dear born as a guest of the Good Drivers League. In the fi nals, a series pf) comprehen sive tests similar to those given last year at the fin als on the New York World’s Fair grounds will be used again. These in clude day and night driving tests, all under the auspi pes of the board of judges, assisted by -a group of na tionally known safety ex- I peris. . Winners of the 98 schol-' | arships will be announced at the League’s:second an nual banquet of champions on Aug. 11 in Dearborn. Cast year the first award of a $5,000 university schol arship was won by Gene M. j Kennard of Evansville, Ind. j Jimmie Hymer of Phoenix, Ariz,, won the second aw ard, a $2,000 scholarship, ri Not eligible for Awards in the contests are the 1940 ! state ; sons and daughters of members of the League board of judges and the League advisory board; and employes and sons and daughters of Ford Motor Company* employes and dealers. 7T f - I be obtained frikn Ford dea-, ■ ■7’ * ; :~ir:- '. 'Z Chemical Wood Wanted We are in the market for cordwood and can use any of the following kinds of wood: Ash, Beech, Birch, Hickory, All Kinds of Oak, Maple, Locust and Sourwood Can be cut from either green timber or sound laps left behind timber operations. See MR. JOS. A. YOUNG of Micayille, or write us direct, stating number of cords and shipping point. 1 Tennessee Eastman Corporation King-sport, Tennessee i. rLJ 1 '.r: I .'"Tja- i. 1 rras. MONDAY and TUESDAY, January 27-28th MELVYN DOUGLAS f-A: Raymond WALBURN . Lee BOWMAN Bonita GRANVILLE . Felix BRESSART ■ SHORT HITS “PONY EXPRESS DAYS” IN TECHNICOLOR WEB. and THUR., 29-30 $ Many Reasons $ A fUN ond songs' fun »H 0 songs I Fun and SONGS l .. . DANCES , TOO I *■ TEMPLE • OAKIE V \ GREENWOOD > YOUNG PEOPLE More enjoyment The Sailor” ‘MOMENTS IN CHARM’ YANCE-\r Burnsville, as N. c. JL THURSDAY, JANUARY 23, 1941 FARM MEETINGS " Jacks Creek: Presby terian Center, Friday, Jan. 24, 9:00-11:30 A. M. Clear mont High School, Friday, Jan. 24, 1:30-4:30 P. M. . Pensacola: Brook Wil son’s Store, Monday, Jan. 27, 9:00-10:15 A. M. H. D. Rav’s Store, Vixen, Mon day, Jan. 27, 10:30-11:30. Crabtree 1 : Presnell’s Store, Monday, Jan, 27, 1:30-4:00 P. M. -.Micaville High School, Monday, Jan. 27, 7:00 P. M. South Tqc:7 Wilson’s Store, Busick, Tuesday, Jan. 28, 9:00-10:00 A. M. Geo. - AjUtrey Old Store, Tues, Jan. 28, 10:15-11:45, E. D, Gibbs’ Store, Tues. Jan. 28, 1:00-4:00 P. M. Prices Creek: Silas Hensley’s Store, Wed. Jan. 29, 9:00-12:00 A. M. Her bert England’s Store, Wed. ' Jan. 29,1:00-4:00 P. M. I • - 'a- - lers or by writing to the na tional headquarters of the Ford- Good Drivers League, 1 Dearborn, Mich. Upon registration, en trants will receive a kit of material that includes a book entitled “How to Be come a Skilled Driver,” membership card, a mem bership button and detail ed instructions about the .contests. Fri.-Sat., Jan. 31, Feb. Ist No. One r*DoocOT , /*$ W’r sMLjuL 02. ST.JOHN Tf’ftvJ SihUbnYoum >Y n S,6MUNO NCUI'CLP. No. Two ‘Tugboat Annie Sails Again’ MARJORIE RAMBEAU RONALD REAGAN
The Yancey Journal (Burnsville, N.C.)
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Jan. 23, 1941, edition 1
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