Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1917-08-10

loor of the Court House of SheDan |
loah County, Virginia.
Louis II. Price, Clerk.
U. S. District Court, Western I
District of Virginia.
A Copy-Teste Louis H. Price, |
Clerk, U. s. District Court.
July 20 A.
IN THE CLERKS OFFICE OF THE
United States District Court for the
Western District of Virginia, at
Lynchburg. Virginia, on the 18th day
of July, 1917.
UNITED STATES OF AMERICA, Pc
E. PLAUGHER EFT AIS, Defendants.
No. 621, action to condemn lands.
The object of this suit is to condemn.
for the uses and purposes of the
United States of America, for a Ma
tional Forest Reserve and for the pro-
lection of the watersheds of navigable
streams and of conserving the naviga
bility of navigable rivers, as provided
by the Act of Congress of March l.
1911, (36 Stat L., 961), known as the
Weeks Forestry Act, and the amend
ments thereto Of August 10. 1912, (31
Stat L., 30O), and March 4, 1913, (31
Stat. L., $50. 5S1.S9 acres of land in
Johnston District, Shenandoah County
Virginia. lying. principally. upon the
top and both sides of Green or Three
Top Mountain: Said Tract is EN-
braced within or oyerlapped upon or
affected by the following grants, to-
wit: William Elzey, November 6.
1900, 9160 acres. and Henry Linn. Octo-
Der /, 1922. 700 acres. The location
and description, by metes and bounds.
Of said land, with plat and survey of
same, and the particular nature of the
Uses and purposes for which the con
lemnation of same is sought fully ap-
pear in the petition and exhibits there
TO, which were filed in my office on
November IS. 1916, and to which ref
erence is made.
1t appearing. by affidavit, as fol
lows:
% That the following defendants
are non-residents of the State of Vir-
ginia, to-wit: Smith E. Curd and
wife, (if he be married), Mrs. Smith Z.
Curd: Mary Jane Curd: Sarah F.
Curd; Nat Henry Curd and wife, (if
he be married), Mrs. Nat Henry Curd
Alfred C. Allen and wife. (if he be
narriedl. Mrs. Alfred C. Allen; George
,. Allen and wife, (if he be married.
Mrs. George P. Allen: Mary F. Allen
minor Nat C. Allen (minor) Mabel
g. Allen (minor) Jessie P. Allen
minor Mrs. Mary E. Adair and
husband. Robert F. Adair; Will White
Cook and wife, (if he he married
Mrs. Will White Cook; Ed. I. Cool
md wife, (if he be married., Mrs.
Ed T. Cook: Mrs Ida NJ. Holland and
husband, C. B. Holland; William E.
Ferguson and wife. (if he be married)
Mrs. William f. Ferguson; Donald
Cameron Martha G. Binswanger. trus-
ee under the will of Barnett Bins
yanger deceased: ]. F. Reid and wife
Annie E. Reid; Mrs. Mary c. Flood
md husband, Thomas A. Flood
(2) That due and reasonable dill
,ence has been used, by and on behalf
# petitioner. without effect, to ascer-
tain the following. to-wit:
(a) Whether said nonresident de
PENDANTS. or any of them. are dead and
he names of the heirs and devisees of
such as may be dead: it appearing
hat the unknown heirs and devisees
# such of said persons as may be dead
ire defendants to said suit, and. by
aid affidavit. that the names of such
leirs and deviseeS. if any there be. are
unknown and their residences are I'M
known;
-tbl The names of the heirs and
ievisees, other than such as may be
stated in the petition, of Barnett
Binswanger deceased; it appearing
that the unknown heirs and deviseeS
II said Barnett Binswanger deceased.
ire defendants, to said suit, and. by
'aid affidavit that the names of such
heirs and devisees, other than such as
nay be stated in the petition, are I'M
nown and that their residences are
unknown;
And it appearing that, in said peti.
ton, it is stated or charged that the
'oregoing defendants and classes of de
zendants, and also other persons, who
ire designated or described in said
petition as parties unknown, and, as
such, are named and made defendants
hereto, have or may have some estate.
right, title, interest or claim in and tc
said land sought to be condemned, or
n and to some part or parts of same :
1t is, therefore, ordered that said de
fendantS both those particularly |
famed and those described OF desig |
lated by the clasSifications aforesaid. |
md each and every of them, appear. l
within fifteen days after due publica |
ion of this notice, and do what is
Necessary to protect their interests.
And all of the defendants aforesaid,
nd each and every of them, and ali
ther persons whom it may concern.
re hereby notified and will TAKE |
'OTICE of the intention of the petit \
Toner to apply, and that it will apply. |
t 10 o'clock A. M, on Friday, the 7tf>
ny of September, 1917, to the Honor
bic Henry c. Mcdowell, Judge of the |
district Court of the United States l.
Or the Western District of Virginia. l.
t the Judges Chambers in the FEEDER IL
Building or Post Office, at Lynch
urg. Virginia. for the appointment OF
to ascertain what viii II
g just compensation for the land |
: for the interests or estates therein |
roposed to be condemned for the
ses of the petitioner, as aforesaid.
nd to award the damages, if any, re
lifting to the adjacent or other prop
~ VI tlC ONucf VI OWiltTS, OF 10 Tue 1 +
'operty Of any other person or per
ms beyond the peculiar benefits that :
i'll accrue to such properties, respec :
yely, from the maintenance and the
'es. by the United States of America !.
said land, as shown in said petition | I
I'd the exhibits filed Herewith:
And it is further ordered that copy
this order and notice be published
the Shenandoah Herald, Wood d
Ock. Shenandoah County, Virginia :
ice a week for four az successive
aeks, and that another copy be posted
the front door Of the Federal Build
g or Post Office in the City Of Lynch
lrg. Virginia, and that another cop,
posted at the front door of thu
'urt House of Shenandoah County Z
rginia. n
Louis II. Price, IL
Clerk, q. 8. District Court