Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1917-07-27


of this order and notice be published
in the Shenandoah Herald. Wood |
stock, Virginia, once week for four
"a successive weeks, and that another
copy be posted at the front door of the
Federal Building or Post Office in the
City of Lynchburg. Virginia, and that
another copy be posted at the front
door of the Car~t House of Shenan-
aoah COUNTY Virginia.
luis H. Price, Clerk,
U. S. District Court, Western
District of Virginia.
A Copy-Teste: Louis II. Price,
Clerk, U. S. District Court.
July 20-4t
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
titioner. vs. GEORGE A. & WILLIAM
f. 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 1.
1911. (36 Stat. L., 961), known as the
Weeks Forestry Act, and the amend
ments thereto of August 10, 1912. (3I
Stat L.. 30O), and March 4, 1913. (31
Stat. L.. S55), 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 overlapped upon or
affected by the following grants, to-
wit: William Elzey. November g..
1900, 916O acres. and Henry Linn. Octo-
Der /. 1922. 700 acres. The location
and description. by metes and bounds.
| If said land. with plat and survey of
same, and the particular nature of the
uses and purposes for which the con-
l demnation of same is sought fully ap-
pear in the petition and exhibits there
10. which were filed in my office on
| November 16, 1916, and to which ref
| erence is made.
1t appearing, by affidavit, as fol
lows:
| % That the following defendants
| Ire non-residents of the State of Vir-
| ,inia. to-wit: Smith E. Curd and
wife, (if he be married., Mrs. Smith f.
| furd: 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
narried). Mrs Alfred C. Allen: George
II H., H., I
Mrs. George p. Allen; Mary F. Allen
| (minor) Nat C. Allen (minor) Mabel
E. Allen (minor) Jessie p. Allen
(minor) Mrs. Mary E. Adair AMI
husband Robert F. Adair; Will White
Cook and wife. Cif he be married.
Mrs. Will White Cook: Ed. T. Cook
and wife, (if he be married., Mrs.
Ed. I. Cook Mrs. Ida NJ. Holland and
husband, C. B. Holland: William Il.
| Ferguson and wife. (if he be narried)
Mrs. William E. Ferguson: Donald
Cameron Martha G. Binswanger. trus-
tee under the will of Barnett Bins
wanger. deceased; J. F. Reid AMI wife.
Annie f. Reid; Mrs. Mary c. Flood
and husband. Thomas A Flood;
| 90 That due and reasonable dill
gence has been used, by and on behalf
If petitioner. without effect. TO ascer-
tain the following, to-wit;
| (a) Whether said non resident de-
PENDANTS, or any of them. are dead and
the names of the heirs and devisees of
such as may be dead: it appearing
that the unknown heirs and devisees
of such of said persons rs may he dead
are defendants TO said suit and by
said affidavit, that she names of such
heirs and deviseeS = any there be, are
unknown and the. residences are I'M
known:
| (b) The names of the heirs and
1evisees. other than such as may be
STATED in the petition, of Barnett
Binswanger deceased: it appearing
that the unknown heirs and devisees
of said Barnett Binswanger. decease
are defendants to said suit and by
said affidavit that the names of such
heirs and deviSees, other than such as
may be stated in the petition. are UNI
known and that their residences are
unknown;
| And it appearing that, in said petit
ton, it is stated or charged that the
foregoing defendants and classes of de-
PENDANTS. and also other persons. who
are designated or described in said
petition as parties unknown. and as
such, are named and made defendants
thereto. have or may have some estate
right, title, interest or claim in and to
said land sought to be condemned. or
in and to some part or parts of same !:
1t is. therefore. ordered that said de-
'endantS both those particularly
named and those described or desig-
mated by the classifications aforesaid,
md each and every of them. appear.
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.
and each and every of them, and all
other persons whom it may concern.
ire hereby notified and will TAKE
NOTICE of the intention of the petit
toner to apply, and that it will apply.
at 10 O. clock A. NJ. on Friday, the 7th
lay of September. 1917, to the Honor
able Henry G.. Mcdowell. judge of the
District Court of the United States
FOR the Western District of Virginia.
1t the Judges Chambers In the FEEDER
Il Building or Post Office, at Lynch
hurg, Virginia. for the appointment Of
commissioners to ascertain what will
oe just compensation Tor the land.
Ut for the interests or estates therein.
proposed to be condemned for the
ICES of the petitioner, as aforesaid.
md to award the damages IL any. re-
;ulting to the adjacent or other prop
'rty of the owner or owners or to thu
property OF any other person or per-
sons beyond the peculiar benefits that
will accrue to such properties, respac-
lively. from the maintenance and the
-ses, by the United States of America.
If said land, as shown in said petition
md the exhibits fled herewith;
And tt Is further ordered that COPY
Of this order and nctiea be Published
in the Shenandoah HERALD, Wood |
stock. Shenandoah County, Virginia, |
once a week for four "a successive |
weeks, and that another copy be posted /
at tho front door of fbq Federal R,1i1I-