Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1917-07-27
In the Clerks Office Of the
United States District
Court for the Western Dis
trict of Virginia, at Lynch
burg, Virginia.
On the 18th day of July, 1917

49, o. - o~~~@'
On the 18th day of July, 1917
United States of America, Action
(Petitioner) to
VS.. No. sol Condemn
|. N. Graham. j. M. Err Land
vine ct ais; (Defendants)
The object of this suit is to condemn,
for the uses and purposes OF the Unit,
ed States of America, for a National
Forest Reserve and for the protection
of the watersheds of navigable streams
and of conserving the navigability OF
navigable rivers, as provided by the
Act of Congress of March l, 1911, Ut
Stat L., 961), known as the Weeks
Forestry Act, and the amendments
thereto of August 10. 1912, (37 Stat. L.,
300), and March 4, 1913, (31 Stat L.,
1851, 6597.31 acres of land in Augusta
and Highland Counties, Va, being a
boundry contain ing 7T1T.17 acres, less
the |. N. Graham Tract ofl120. 46 acres.
Said 6597. 81 acres are situated, princl-
pally, in the Pastures District OF said
Augusta county. Said lands lie main
Nv. on the southeast side of Shenan-
doah Mountain and the northwest side
of Calf Pasture River, and between
Hodges Draft at the north end and
HughartS Run at the south end. The
top of the mountain forms, in the main,
the boundry on the west, except that
about 200 acres lie just across the top
of the mountain on the waters OF Cow
Pasture River. On the east side the
lands border on or near the river at
mouth of Reuben's Run at the north
end and follow more or less Stralgnt
lines a little back of cleared land.
Among others, the following streams
run. in part, through said lands:
Hodges. Reubens, Tim, Little Tim,
Rock Lake, Holloway, Hoy and Deer
field. Said lands are embraced within
or Tapped by or affected by, in whole
or in part, the following grants or
patents: Michael Gearhard, February
:. 1851, for S25 acres j ohm W.Rodgers,
Feb.2. 1857, for 800 acres: John Ryan,
Jr., January Is, 1881, los acres; Thorn
as Adams, November IS, 1857, lit
acres: Richard Adams, July 80, lbs,
46S acres: Samuel Blackburn, Novem-
Der l, 1850, T94 acres: Robert ). Glen
dye and VIM. w. Montgomery, NO
vember l, 1850, 300 acres; Thomas
Phillips, July 8, 1913, 100 acres; Cor
nelius and Thomas Ruddle, January
30, 1928, 295 acres: William Guy, June
30, 1916, 152 acres; William Guy, NO
vember2 1857, $3.50 acres; Thomas
Hughart, May 10, 1894, 265 acres,
James Black, November l, 1871, 2Co
acres; Ralph and VIM Clayton, July
2. 1921. 100 acres: J. M. Ervine, Octo-
be, 3, 1896, 2173 acres; James Swami,
January Il, 1796, 1900 acres, and
Thomas Phillips, May %, lT9S, 3OO
acres. The location and description,
by metes and bounds, of said land,
with a plat and survey of same, and
the particular nature of the uses and
PURPOSES for which the condemnation
of same is sought fully appear in the
netition and exhibits thereto, which
: ere filed in my Office on February IS,
1875. and TO which reference is made.
1t appearing, by affidavit, as fol-
lows:
~ That the following defendants
are non-residents of the State OF Vlr--
cinia. towit: American National
Bank of Asheville, North Carolina,
W. A. Levin, Annie Clare Chiles and
husband. Harry L. Chiles, Pauline
Boyers Caricofe and husband: Benla-
min Caricofe, Singer Sewing Machine
company, Edward M. Sheldon and
wife, Annie S. Sheldon, George Il.
calvert, Jr., and wife, Mrs. George Il.
calvert, Jr., John M Dudley and wife.
Mrs. John M. Dudley, R. c. Grogg
and wife, Mrs. r. C. Grogg, Robert
A. McKenney. Mrs. Howard S. Har-
ring ton, Willard F. Eakle, James I.
Eubank, William Bratton, J. W. q.
Rodgers and wife, Hannah Rodgers,
and cameron Johnson, ,,.
(2) That due and reasonable dlllg-
ence has been used by and on behalf
of petitioner, without effect, to ascer-
tain the following, to-wlt:
(a) In what county or corporation
the following defendants are, to-wls
D. M. Osborne & company, T. Walter
Davis, Mrs. F. A. Davis, Shenandoah
Valley Lumber company, w: A. Nc
Kay, Mckay Brothers, Alma b Kerr.
Sarah S. Huffman, widow, ,Lenoe
Stevens, Emma Fl. Rawlings and nus,
band, Jonn A. Rawlings, Mrs. Bell
Young Schemerhorn, widow, John
Peter Dumas, Laura V. Eakle, Graves
& Hubbard, Louisa E. blackburn,
Archibald A. Blackburn, James T;
Blackburn, James Fl. Blackburn and
wife, Evaline blackburn, John Black
burn, Elizabeth blackburn, daughter
of BENJAMIN blackburn, deceased)
Lucinda blackburn, Sarah J. Kennedy
and husband, Thomas Kennedy, Nancy
Gcrolds, Tor Jerolds) and husband,
Marcus Gerolds, Tor Jerolds Amanda
Seahorn and husband, Campbell Sea
horn. Isabella Gillespie and husband,
William D. Gillespie, Samuel B: HoSS
and wife. Amanda Hoss, Archibald
Hoss and wife, MERGED Hoss, Emily
Hoss, Elizabeth Hogen and husband,
David Hogen, Archibald A. Mathes
and wife, Christiana G. Mathes, Will
lam Mathes, Evaline A blackburn,
Mary E. Pullin and husband. George
c.. Pullin, Archibald blackburn, Alfred
blackburn, William blackburn,
Samuel Blackburn and wife, Sarah
Blackburn, Simeon Blackburn,
Henry F. Blackburn, Mary v,
Blackburn, Elizabeth Blackburn,
daughter of William Blackburn,
deceased,) Melville R. Blackburn,
Isabella Saunders and husband,
Joseph Saunders, Elizabeth Mann,
David R. N. Blackburn, Julia
Park; it appearing, by said Aft
davit, that said defendants and
each and every of them cannot be
found