Asheville daily citizen., 1894-10-24

NOTICE OF LAND SALE-State of North
~ Carolina, County Of Buncombe; in the Su-
perior court, term 1894. Kelly y strachan,
plaintiffs, VS.. ], II. Carter and Annie l.. Carter,
his wife, defendants-Notice of sale.
Whereas, at the March term. 1894, of the Su.
perior court of Buncombe county his honor, Jas
ID. McIver, Judge presiding, rendered the fol-
lowing decree OF sale, to'wit
This cause having been compromised by the
parties. the defendants agreeing to allow the
plaintiffs to take Judgment for 500 and the
costs OF this action:
1T Is therefore ordered, by the consent Of all
parties, that the plaintiffs recover Judgment
against the defendants for the sum of one hun
dred dollars and the costs Of this action. It Is
further ordered that the said Judgment shall be
lien on the house and lot situated OH Bailey
street. in the City of Asheville, known as lots
Nos. IS. az and 55, as set out and described upon
the plans Of the city Of Ashevile; and 1t appear
ing to the court that the said debt is secured by
mechanics lien and laborer's lien upon the
said properly for materials and labor furnished
by the plaintiffs upon the property Of the de-
fendant, Annie l.. Carter, and that the same
was her necessary and personal expenses in
repairing and improving her individual prop
erty: it is further ordered. by consent, that the
defendants, within ninety days from the en-
rolling Of this decree, pay into this court the
said sum of 500, with interest thereon at the
rate OF six per cent per annuin from the 2Ist
day OF November, 1884, in default OF which the
said property mentioned in lots Nos. IS, 99 and
49, situated OH Bailey street. in the City Of Ashe-
WIFE, VIII De sofa LOT caSn TO satisfy SAID judg-
ment and interest aforesaid, and that the clerk
OF this court be- and he is, hereby appointed
commissioner to make said sale after duly
advertising said sale at the court house
and in "The Asheville Daily Citizen"
newspaper published in the City Of Asheville,
for 80 days, and to report the same to the next
term Of this court and this cause is retained for
further directions.
lSignedl JAS. d. McIvER,
Judge Presiding"
And whereas, the said defendants did not pay
the sum adjudged thereby to be paid by them
within the time required by said decree, and
have not yet paid the same or any part thereof;
therefore, I, John l.. Cathey, Clerk of the Su-
perior court Tor the said county OF Buncombe
under and by virtue OF the power vested In me
by said decree, will on the ,oth day of Novem.
her, A. D., 1894, at the court house door In the
City Of Asheville, county and State aforesaid,
sell Tor cash to the highest bidder the lands and
premises described and adjudged to be sold by
said decree, II being the same property con-
veyed to the said Annie l.. Carter by William
M. Cooke and his wife, M. W. Cooke. and by T.
ID. Johnston and his wife, I.oula b Johnston by
deed dated the 10th day of March, 1899, and duly
registered in the Office Of the Register Of Deeds
for said county Of Buncombe, In book "A, at
page S ct. seq. therein. This 23rd day of octo-
her, 1894. IL. CATHRY,
Clerk Of the Superior Court Of the County of
Buncombe.
W. W. Jones and r. W. Thomas. attorneys for
plaintiffs. oct23d,od