Newspapers / The Yancey Journal (Burnsville, … / Oct. 18, 1956, edition 1 / Page 3
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THURSDAY, OCTOBER 18, 1956 THIS IS THE LAW “ By Robert E. Lee (For the X. C. Har.. Association)- JOINT OWNERSHIP pF LAND May crops raised on land own ed by a husband wife as “tenants by the entirety” be levied upon and sold under execution to satisfy a judgment against the husband? Yes. The Supreme Court of North Carolina has so held. A sale of the crops raised upon the land does not effect the . wife’s right to assert an absolute owner ship to the land upon the death of her husband. May real property be held as a “tenancy by the entirety” other than by a husband and his wife? No. To create a “tenancy by the entirety, the two persons must be and w ! fe at the time of the transfer of the land. The hus band and his wife take the whole of the land as one person. The survivor. automatically gets the entire property. Neither can con vey or mortgage it without the consent of the other. If the co-owners are not hus band and wife, a “tenancy in com mon” is created. Any one of the several co-owners in a “tenancy in common” may sell or transfer his interest without the consent of the others. (The doctrine of sur-. vivorship is not applicable to a “tenancy inncommon,” What ig the effect of an absolute divorce upon a “tenancy by the entirety",? An absolute divorce automati cally coagerts a “tenancy by the entirety” into a “tenancy in com mon”. May there be a by the entirety” in personal property? No. A “tenancy by the entirety" TWO BOOKS ON NORTH CAROLINA HISTORY AND CULTURE PUBLISHED The University of North Caro lina Press has published TAR HEEL TALK, by Norman E. Eliason, a pioneer historical lan guage study showing how our North Carolina forebearers ac tually talked. Innumerable questions are nec essarily raised and answered in this unique historical study of the English language in North Carolina from the time of its set tlement in the seventeenth cen tury up to 1860. In tracing the his torical development, light is shed not only on what is distinctive about Tarheel speech, but also on American English generally and on" the English language as a whole. SHERMAN’S MARCH THRO UGH THE CAROLINAS, by John G. Barrett, an alternate selection of the Civil War Book .Club, re cords completely for the first time the military campaign and human drama of this relatively little known phase of the War Between the States. Based on printed mem oirs and documentary records of those who fought and of the Civi lians who lived in the path of Sherman’s advancing argpy, the author vividly describes the three month’s march which Sherman considered the greatest of his military feats.. SUBSCRIBE TO THE RECORD FEED^SQ" all-mash LAYING pTTJ The Hi perfectly- f J| balanced l j| egg ration! jjggffißjj JOHNSON & COMPANY BURNSVILLLE, N. C. f : rYour 'SQ' Feeds Dealer in personal property it not recog nised in- North Carolina. Personal property is any property other than land and things permanently annexed thereto. When land or real property held by a husband and wife as tenants by the entirety” is sold, the proceeds derived from the sale will not b» held as “tenants by the entirety 11 with the right of surviv orship. The proceeds will be held by the parties as “tenants in common.” Who has the right of use and possession of land owned by a , husband and wife as "tenants by i the entirety?” The husband. Where a "tenan cy by the entirety" exists, the husband, during marriage has an absolute and exclusive right to the control, use, possession, rents and profits of the land. He is entitled to all of the rents and profits of the land, and it not legally obli gated to turn over any portion of them to his wife. m • v '.. ■: isP' ■** 1 j ’-?.• <**• ? '/■ *{i .•• .• - . x ‘*X /*&*s?;''* k i X: f y'.' *?.' » ; V ' v Just out andr just wonderful! •• -ft- , •; ** ■ ■ ~~ r* el- . *..■•. - - ■ • . • °S» < • s' . '* v :■■ ' : *■ : ■ V " 11 1 L-.-i.LI 1 11 |l ' * - . —« ' -. * ’ - SEE THE 9 §7 CHEVROLET FRIDAY! IT’S SWEET, SMOOTH AND SASSY! Chevy goes em all one better—with a daring new departure * in design (looks longer and lower , and it is!), exclusive new Turboglide automatic transmission with triple turbines 9 a new V 8 and a bumper crop of new ideas including fuel injection! « . ‘ fljr wp ¥//> f \ T W1 rWI t XMM * *tto-h.p. engine also available at extra cost. Also Ramjet fuel injec tion engines with up to 283 h.p. in Corvette and passenger car models. Only franchised Chevrolet dealers display this famous trademark ROBERTS AUTO S ALES, Inc. PHONE *M or *7O FRANCHISED DEALER NO. IMS BURNSVILLE, N. a-- , ' ■■'■■" ,l »J ■' 1 I . THE YANCEY RECORD NOTICE OF SAL# j la Tb* Superior Coart ProriOorttnga Baton \ The Oerk NORTH CAROLINA , YANCEY COUNTY G. M, ANGEL, Administrator of ANNIE CURTIS SILVER, de ceased Petitioner vs. OPHIA WHEELER and husband, CARL C. WHEELER; HELEN HUGHES and husband, REX HUGHES; LOY SILVER and FRANK SILVER and OPIIIA WHEELER, Guardian ad litem of Frank Silver —1 - Defendants Under and by virtue of the Judg ment of the Court in the above - entitled matter the undersigntd Commissioner will on the 2nd day of Novembers. 1956 at 11:00 o’clock A. M., offer at public auction to the highest bidder for cash at the Courthouse door in Burnsville a tract of land located in Burnsville Township, Yancey County, North Carolina, more particularly de scribed as follows: BEGINNING on a stake in the Idf&h Una oil Highway 19E 190 feet from Ter la Young's corner; tbenee Bust with mid ditch )k># W 5 fr«t to a stake in the diteh One of mid Highway 19E; thence North SO feet to a stake in the field; thence West 35 feet to a stake in the field; thence South 50 feet to the BEGINNING, containing 1750 square feet, more or less. AND BEING the same lands as described in a Deed dated 4 Sep tember, 1945 from E. p. Blevins and wife, EH* Blevins to Oscar L. SUver and wife, Anna Sliver as appears in the PubUc Registry of Yancey County in Deed Book 96 at page 205. The successful bidder at said sale will be required to deposit ten per-cent of the sale price at the 'time of sale. This the 2nd day of October, 1956 G. M. ANGEL, Commissioner. Oct. 11, 18, 25, Nov. 1 The University of North Carolina School of Medicine has the full ap proval of the Council on Medical Education and Hospitals of the American Medical Association. New right down to the wheels it rolls on-that’s the ’57 Chevrolet! By now you know it’s new in style. You can see that Chevy’s longer, lower—and every inch a beauty. But Chevrolet’s new in lots of ways that don’t show up in our picture. It’s new in V 8 power options that range up to 245 h.p.* Then, you’ve a choice of two automatic drives as extra cost options. There’s an even finer Powerglide—and new, nothing-like-it Turboglide that brings you Triple-Turbine take off and a new flowing kind of going. It’s the only one of its kind—the newest, sweetest, smoothest automatic of them all! Come see the new car that goes ! em all one better—the new 1657 Chevrolet! e S 1 - V NOTICE OF SERVICE OF PROCESS BY PUBLICATION In Tbs Mgutor Cfccrt STATE OF »G*TR CAROLINA County of Yancey MRS. VERA HALL GOUGE, Plaintiff * t v». CONNIE GOUGE, Defendant TO CONNIE GOUGE: TAKE NOTICE THAT a plead ing seeking relief against you has been filed in the above-entitled action. The nature of the relief being sought is an absolute divoree on the grounds of two years separa tion. You are required to make de fense to such pleading not later than 16 November 1956, and upon your failure to do so, the party seeking service against you will apply to the Court for the reUef sought. This the 24th day of Sept. 1956. Lowe Thomas, Clerk Superior Court of Yancey County Sept. 27, October 4, 11, 18 NOTICE NORTH CAROLINA YANCEY COUNTY • Under and by virtue of the power of sale contained in a certain deed of trust executed by Carl Stewart and wife Dorothy Stewart, dated the 80th day of November 1965, and recorded in Book No. 37 of Mortgagee and Deeds of Trust at {Age 216 In the Office of Register of Deeds of Yancey County, North Carolina, default hating been made In the payment of the. in debtedness thereby secured and said deed of trust being by the terms thereof subject to fore closure, the undersigned trustee will offer for sale at public auc tion to the highest bidder for cash at the courthouse door in Burns ville, North Carolina, at noon on the sth day of November 1956, th'e| property conveyed in said deed of trust, the same being and lying in Crabtree Township, Yancey County, North Carolina, and more particularly described as follows: BEGINNING on a poplar stump in the J. B. Sparks and E. W. Huskins Une and runs east 318 . new Air <-ooof Sedan—one of 20 ifriling new Cheviei. -- i * ■ .* : feet to a fence corner on the west .tide of ths road; to e stake at the branch; thence up and With the meanders of the branch south 56 degrees, west 226 feet to aa iron stake; thence leaving the branch and runs north 79 degrees west 114 feet to a locust poet; thence north 65 degrees west 300 30JL feet to ths BEGINNING, and containing one and oot-half (I}£) acres, mord or less'. EXCEPTING AND RESERV ING the present road which cros ses the above described lands. But this sale will be made sub ject to all outstanding and* unpaid taxes. This the 4th day of October, 1956 Warren H. Pritchard, Trustee Oct. 11, 18, 25, Nov. 1 The University of North Carolina j School of Medicine is one of the I units making up the UNC Division of Health Affairs. Other units with }ti the DHA are N. C. Memorial Hospital and the Schools of Dentis try, Nursing, Pharmacy and Public health.
The Yancey Journal (Burnsville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 18, 1956, edition 1
3
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