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

I'M THE CLERKS OFFICE OF THE
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF
VIRGINIA, AT LYNCHBURG, VIR-
| GINA.
On the 18th day of July, 1917.
United States of America,
VS.. No. 6O3 Action to
Shenandoah Lumber and Condemn
Iron Company ct ais, Land.
The object of this suit is to condemn
for the uses and purposes OF the United
States of America, for a National Forest
Reserve and for the protection OF the
watersheds of navigable streams and of
conserving the navigability OF naviga-
| ole rivers, as provided by the Act of
Congress of March l, 1911, (36 Stat. l..
961), known as the Weeks Forestry
Act, and the amendments thereto of
August 10, 1912, (37 Stat. L. 300, and
March 4, 1918, 81 Stat. l.. $3.50, 772.S7
acres of land in Shenandoah County,
Virginia consisting OF five tracts, lying
near to or along North Mountain and
airy line, located, principally, in Madi-
sun anu ASIluy anu, PooSiUiy, o'oHC"ah
and other districts of said county, as
follows a. Shenandoah Lumber and
Iron Company, Newman-Y Yard Overlap,
Tract, 37.6S acres, (2) F. S. G. w. G.
Gleason Tract, 1908 acres, 81 C. S.
Goodwin Tract, 257. As acres, "a Benja-
min P. Newman Lap on L. 7. &. r. E.
IStoneburner Tract, So Is acres, and (5)
&c. L. Zirkle Tract, 252 SO acres. Said
tracts, severally, are within the bound
airy of or are overlapped upon or are
affected by some one or more of the
following grants Henry Lee, Deem
Der 2, 1896, "A, 300 acres, Benjamin P.
Newman, May /, 1850, S57 acres, L. T.
g. R. E. Stoneburner, February II,
1892, 1889 acres, j. C. Lapp G. Sons,
March II, 1892, $50 acres, and Charles
S. Goodwin, May 10, 1902, 200 acres.
The location and description, by metes
and bounds, of said lands, with plats
and surveys of the same, and the par
| ticular nature of the uses and purposes
| for which the condemnation of same is
sought fully appear in the petition and
exhibits thereto, which were filed in
my office on March 4, 1916, and to|
which reference is made.
1t appearing, by affidavit, as follows
| % That the following defendants
are non-residents of the State of Vir-
ginia, to-wit Shenandoah Lumber and
Iron Company, Sarah Tor Sadie) j.
| Gleason widow, in her own right and
as executrix of w. G. Gleason, deceas-
| ed, F. S. Gleason and wife, Harriet
| Gleason, Alfred G. Gleason and wife,
| Ellen F. Gleason, Earl D. Gleason, Clyde
d. Gleason, Carrie Tor Corrine) E. Har-
ris and husband, Clyde A. Harris, Olive
S. Lewis and husband, John L. Lewis,
Charles S. Goodwin and wife, Lena
| Goodwin, Catherine M. Yard, widow, in
her own right and as administrators oil
| H. H. Yard, deceased, Carl Yard, Sweet,
Orr & Company, Pratt Food Company,
Second National Bank of Belair, Mary
land, John Lentz, Lizzie A. Day and
husband, Israel Day, Ira B. Higgs, Fan
ME B. Atkinson and husband, James F.
Atkinson, Isaac F. Higgs, John w.
| Higgs, George Higgs, Anna Higgs and
Henry Higgs:
% That due and reasonable diligence
has been used by and on behalf of pei
| titioner, without effect, to ascertain the
following, to-wit
(a) In what county or corporation
the following defendants are, to-wit Il
L. j. Ellis, Thomas j. Higgs, Sarah j.
Doll and Mabel Higgs
(b) Whether said last-named defend
ants, and the aforesaid nonresident
defendants, or any of them, are dead and
| the names of the heirs and devlSeeS OF
such as may be dead happening that
the unknown heirs and devisees OF
such of said persons as may be dead
are defendants to said suit, and, byl
said affidavit, that the names OF such
heirs and devisees, if any there be, are
| unknown and their residences are I'M
known
And it appearing that, in said petition,
going defendants and classes OF defend
ants, and also other persons, who are
designated or described in said petition
| as 'parties unknown" and, as such,
are named and made defendants there
| to, have or may have some estate,
right, title, interest or claim in and to
said lands sought to be condemned, or
in and to some part or parts OF same;
1t is, therefore, ordered that said de-
PENDANTS, both those particularly named
and those described or designated by
the classifications aforesaid, and each
and every of them, appear within
fifteen 15) days after due publication
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,
are hereby notified and will TAKE
NOTICE of the intention of the petit
toner to apply, and that it will apply,
at 10 clock A. NJ, en- Friday, the 9TH
day of September, 1917, to the Honor
able Henry C. Mcdowell, Judge of the
District Court of the United States for
the Western District of Virginia, at the
Judges Chambers in the Federal Build
ling, or Post Office, at Lynchburg, Vir-
ginia, for the appointment OF commits
sioners to ascertain what will be just
compensation for the lands, or for the
Interests or estates therein, proposed
to be condemned for the uses OF the
petitioner, as aforesaid, and to award
the damages, if any, resulting to the
adjacent or other property Of the owner
or owners, or to the property OF any
other person or persons, beyond the
peculiar benefits that will accrue to
such properties, respectively, from the
maintenance and the uses, by the Unit
ed States of America, OF said lands, as
shown in said petition and the exhibits
filed herewith
And it is further ordered that copy
of this order and notice be published in
the Shenandoah HERALD" of Wood
stock, Virginia, once week for four
az successive weeks, and that another
Icopy 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 Court House of Shenandoah
County, Virginia.
Louis H. Price, Clerk,
i U. S. District Court, Western District
of Virginia.
| A Copy, Teste
i Louis H. Price,
Clerk U. S. District Court.
July 20-4w.
Il