Newspaper Page Text
The Houston Home Journal, Perry, Ga., Thurs., Aug. 27, 1964
LEGAL ADVERTISEMENTS
Sale of Land
Georgia, Houston County
Whereas, on August 6, 1959,
Russell Zellner and Ruby Zellner
of said State and County, executed
and delivered to Herbert F. Moore
and J. G. Beavers of Perry, Hous
ton County, Georgia, a promissory
note for the sum of Five Thou
sand Four Hundred Fifty Dollars
($5,450.00) bearing interest on the
unpaid balance at the rate of eight
per cent (8%) per annum and
payable in monthly installments
same comprising twenty-four (24)
monthly payments of Forty Dol
lars ($40.00) each and upon com
pletion of said twenty-four (24)
monthly payments in the amount
of Forty Dollars ($40.00), then
succeeding monthly payments in
the amount of Sixty Dollars ($60.-
00); and to secure the payment of
said note did at the same time
execute and deliver to said Her
bert F. Moore and J. G. Beavers
a deed to secure debt with power
of sale on the real estate herein
after described, same being re
corded in Deed Book 141, page 523,
Clerk’s Office, Houston Superior
Court; and
Whereas, the said Russell Zell
ner and Ruby Zellner did default
in the payment of several monthly
installments due on said note,
and because of said default, Her
bert F. Moore and J. G. Beavers of
Perry did elect to declare the en
tire balance due thereon immedi
ately due and payable, and the
power of sale contained in said
deed to secure debt thereupon be
came operative.
Now therefore, because of said
default and under the power of
sale contained in the said deed to
secure debt, the undersigned will
sell at public outcry before the
Courthouse door in Perry, Houston
County, Georgia, during the legal .
hours of sale, to the highest bid
der for cash, on the first Tuesday
in September, 1964, same being 1
September 1, 1964, the following
described real estate described in
and conveyed by said deed to se
cure debt, to-wit:
All that tract or parcel of land
lying and being in the City of Per
ry, Houston County, Georgia, same
being known and designated as
Lot Number Twenty Nine (29) in
the Beavers Heights Subdivision
according to a plat of survey of
same prepared by Rhodes Sewell,
Surveyor, on February 21, 1950,
a copy of said plat being of record
in Map Book 2, Page 339, Clerk’s
Office, Houston Superior Court. *
For shape, metes, bounds, courses *
and distances of said Lot Number 1
29 said plat of survey and the 1
recorded copy thereof are hereby 1
referred to and made a part of
this description.
Said lot number 29 fronts in a
westerly direction on Dinkins
Street and extends back from said
■tree! in an easterly direction with
even width for a distance of 125
feet.
A dwelling house and other im
provements are situate thereon.
Said property will be sold sub
ject to all unpaid ad valorem taxes
due and to become due thereon.
The proceeds of said sale will be
applied as provided in said deed
to secure debt.
A fee simple deed will be made
to the purchaser at said sale by
the undersigned.
This 6th day of August, 1964.
HERBERT F. MOORE AND
J. G. BEAVERS ,
As Attorneys in Fact for
Russell Zellner and Ruby i
Zellner
Paul C. Armitage
Attorney at Law
Perry, Georgia 4tc. 8 6.
Sale Os Land
Georgia, Houston County
Whereas, Edd F. Rogers on date
June 14, 1960, did execute to
Fickling & Walker, Inc. a Securi
ty Deed conveying the following
described property:
All that real estate situated and
being in Land Lot 200 of the
Lower Fifth District of Houston
County, Georgia, being known as
Lot 4, Block M of Warner Robins
Manor, according to a plat of re
cord in Plat Book 2, Folio 14,
Clerk’s Office, Houston Superior
Court, and more particularly des
cribed according to said plat as
follows:
Beginning on the north side of
McArthur Boulevard where the
line dividing Lots 4 and 5 inter
sects said street, which point is
1249.5 feet west of the center line
of Diggs Boulevard; thence north
along said dividing line a distance
of 150 feet; thence west a distance
of 65 feet; thence south a distance
of 150 feet to the north side of
McArthur Boulevard at a point
235 feet east of the center line of
Miller Drive; thence cast along
McArthur Boulevard a distance of
65 feet to the point of beginning.
This conveyance is made sub
ject to certain restrictive coven
ants dated the 26th day of Decem
ber, 1942 and appearing of record
in Deed Book 51, Folio 471-472,
and enumerated 1-11 inclusive, as
amended by instrument recorded
in said Clerk’s Office in Book 101,
Page 372, et seq.
This conveyance is made sub
ject to easements of record.
It is not intended by virtue of
this conveyance to convey to the
grantee any interest in and to that
area shown on the aforesaid re
corded plat designated as “Park".
The proceeds of the evidence of
indebtedness secured by this deed
have been used by the grantor as
purchase money for the above de
scribed property. Included in this
conveyance are one 30-gallon elec
tric water heater and one gas
space heater located on the above
described premises to secure the
payment of a debt in the principal
sum of Six Thousand, Five Hun
dred Fifty ($6,550.00) Dollars, to-
gether with interest thereon from
that date at the rate of Five and
Three-fourths (5%%) per cent per
annum as evidenced by a promis
• sory note of even date therewith,
[ which Security Deed was recorded
| in Deed Book 153, Pages 377-80,
: on June 15, 1960, in the Office of
' the Clerk of the Superior Court
of Houston County, Georgia; and,
Whereas, the said Fickling &
| Walker, Inc. transferred, sold and
assigned, conveyed and set over to
The Onondaga County Savings
Bank all of its rights, title and
interest to the said Security Deed
and Real Estate therein described,
all as shown by transfer recorded
in Deed Book 156, Page 130 dated
August 17, 1960, in the Office of
the Clerk of the Superior Court
of Houston County, Georgia and,
Whereas, said property was sub
sequently acquired by Bill Player;
and,
Whereas, the said note has be
come in default as to principal and
interest and The Onondaga County
Savings Bank elects that the entire
indebtedness hereby secured shall
be due and payable at once;
Now, therefore, know all men by
these presents: That according to
the original terms of said Security
Deed and the power of sale con
tained therein, and the laws in
such cases made and provided,
after proper advertisement the un
dersigned, on September 1, 1964
before the Court House doors in
Houston County, Georgia, between
the legal hours of sale, will ex
pose for sale to the highest and
best bidder for cash the above
described property.
The proceeds of the sale shall
be applied: (1) to pay costs and
expenses of said sale, including
any expense of protecting said (
property and attorney’s fees as i
provided in said Security Deed; i
(2) to pay the indebtedness here- i
by secured (3) the balance, if any,
to the person or persons legally ■
entitled thereto. (
Edd F. Rogers, by his
Attorney in Fact, The
Onondaga County Savings
Bank ,
By: Smith, Gardner, Kelley ,
& Wiggins, Attorneys at Law
P. O. Box 1085, Albany, Ga. ,
By: Morton M. Wiggins, Jr.
4tc. 8-6. ,
j
(
Sale Os Land
s
Georgia, Houston County: :
Whereas, on January 20, 1964, 1
James L. White did execute and 1
deliver to Southern Finance Cor- ]
poration a certain Security Deed :
conveying the hereinafter describ- 5
ed property, to secure payment of 1
a certain Security Deed Note of 1
even date therewith in the princi- -
pal sum of $13,350.00, all as shown i
by the record of said security deed
in the Office of Superior Court
Clerk, Houston County, Georgia, in
Book of Deeds 213, pages 535-38;
and
Whereas, by proper Assignment
duly recorded, Southern Finance
Corporation transferred and as- '
signed to Excelsior Savings Bank,
the Security Deed and Note se- ,
cured thereby, and Excelsior Sav
ings Bank, by Assignment dated
June 24, 1964, and recorded in the 1
Office of Superior Court Clerk, ;
said County, in Deed Book 221, 1
page 71, did transfer and re-assign 1
to Southern Finance Corporation -
the said Security Deed, the land 1
described therein, the Security
Deed Note, and all rights, powers, 1
options and privileges conferred '
thereunder; and 1
Whereas, default having been 1
made in payment of the install- 1
ments provided for in said Securi- •
ty Deed Note, the undersigned
Owner and holder of said Security :
Deed and Note has elected to de
clare the entire unpaid indebted
ness thereunder due and payable,
and the same has not been paid;
Now, therefore, pursuant to and
in exercise of the power of sale
contained in said Security Deed,
and for the purpose of collecting
the indebtedness secured thereby,
and the expense of sale, there will
be sold at public outcry before the
Court House Door in Houston
County, Georgia, on the first Tues
day in September, 1964, to-wit:
September 1, 1964, within the le
gal hours of sale, to the highest
bidder for cash, the following des
cribed property, to-wit:
All that real estate in the Fifth
Land District of Houston County,
Georgia, in Land Lot 168 and in
the City of Warner Robins, known
and designated as Lot 4 in Block
“B" of Section No. 1 of Country
Villa Subdivision, as shown on
plat of survey of said subdivision
prepared by Theodore W. Waddle,
Registered Surveyor, dated Febru
ary 6,1962. revised December 4,
1962, recorded in Map Book 8,
page 83, Clerk’s Office, Houston
Superior Court. Said revised plat
and the recorded copy thereof are
hereby made a part of this des
cription by reference thereto.
A dwelling house and other im
provements are located thereon.
The above described property is
conveyed subject to protective co
| venants of record in Book 183,
pages 135-40, Clerk’s Office, Hous
ton Superior Court; and amend
ments thereto recorded in Book
. 195, pages 588-89, aforesaid re
cords.
[ This 25th day of July, 1964.
. JAMES L. WHITE
t By: Southern Finance
Corporation
As Attonrey in Fact
\ B. William Barton, Attorney
[ Augusta, Georgia 4tp. 8-6,
Petition for Charter
> Georgia, Houston County
s To the Superior Court of Said
: County:
1 ..J, 1 ?® P etiU on of S. W. Fisher,
’ William S. Miller and Martha
- Maddox Fisher, hereinafter called
1 petitioners, respectfully shows:
1. Petitioners desire for them
selves, their associates and suc
cessors to be incorporated under
the name of “F. & M. Farm, Inc.”
2. The object of said corporation
is pecuniary gain and profit.
3. The general nature of the
i business or businesses to be trans
-1 acted is as follows:
(a) To raise, produce, manufac
• ture, buy, sell, and otherwise deal
, in any and all kinds of farm pro
duce and livestock, including all
tools, machinery, equipment, and
supplies used in any direct or in
cidental connection therewith; and
to do any and all acts and things
necessary, convenient, expedient,
ancillary or in aid to the accom
plishment of the foregoing.
(b) To purchase, breed, raise,
produce, or otherwise acquire, in
vest in, own, hold, use, mortgage,
pledge, sell, assign, transfer, or
otherwise dispose of, trade, deal
in, and deal with any and all kinds
of livestock animals and agricul
tural products, and manufacture,
produce, purchase, or otherwise
acquire, invest in, own, mortgage,
pledge, sell, assign, transfer, or
otherwise dispose of, deal in, and
deal with any and all articles or
things manufactured, produced, re
sulting, or derived in whole or in
part from animals or agricultural
products of any kind, whether to
be used as food or in commerce or
otherwise.
4. The corporation shall have
the power, generally and without
any limitation or restriction what
soever, to hold, purchase, own,
deal in, mortgage or convey real
estate and personal property in
this state and any other state or
country. The corporation shall al
so have the power to own and op
erate any and all types of recrea
tional facilities, and to do all
things necessary, convenient, ex
pedient, ancillary or in aid to the
accomplishment of the foregoing.
5. The corporation shall be au
thorized to purchase any of its
outstanding common stock and to
hold same as treasury stock, or to
cancel and retire the same, or to
resell the same.
6. The corporation shall have
the power to include in its bylaws
or in any agreement between the
stockholder, any regulatory or re
strictive provisions relating to
the proposed sale, transfer or oth
er disposition of any of its out
standing stock by any of its stock
holders or in the event of the
death of any of its stockholders.
The terms, conditions and details
of any such provision or agree-1
ment shall be determined by the j
stockholders of this corporation.
7. Petitioners further desire that J
said corporation be vested with i
all the rights and powers now or
hereafter given to do any and all
things which may be needful or
proper in the operation of the
above described business, and that
said corporation have all of the
powers enumerated in Sections
22-1827 and 22-1828, Georgia Code
Annotated, and such powers as
may hereafter be given by law.
8. The maximum number of
shares of stock shall be One Thou
sand Five Hundred (1,500) of the
par value of One Hundred (SIOO.-
00) Dollars per share, all of which
shall be common stock. However,
the amount of capital stock with
which the corporation shall begin
business shall be not less than
($600,00) Six Hundred Dollars.
The corporation shall be author-,
ized to issue additional shares up |
to the maximum sum above stated, j
and thereafter, from time to time, I
but within the limitations set forth
in Section 22-1854, Georgia Code
Annotated, to reduce the amount
of capital outstanding.
9. The time for which the cor-j
poration is to have existence is
thirty-five years, with the privilege
of renewal of the charter, from
time to time, upon the expiration
of said periods of thirty-five (35)
years.
10. The County in which the
principal office of the corporation
is to be located is Houston County,
Georgia, but the corporation re
serves the privilege to establish
branch offices and places of busi
ness in other counties, both within
and without the State of Georgia.
11. The name and post office ad
dress of each of the applicants
for charter are as follows: S. W.
Fisher, Perry, Georgia; Martha
Maddox Fisher, Perry, Georgia;
William S. Miller, 7420 Martin
Avenue, West Palm Beach, Flori- i
da.
12. Your petitioners herewith
exhibit a certificate of the Secre
tary of the State of Georgia as
required by Section 22-1803, Geor
gia Code Annotated.
Wherefore, petitioners pray to
be incorporated under the name
and style aforesaid with all the
rights, powers, privileges, and im-,
munities herein set forth, and such
additional rights, powers and pri
vileges as may be necessary, pro
per or incident to the conduct of
the business aforesaid, and as may
be inherent in or allowed to like
corporations under the laws of the
State of Georgia as they now exist
or may hereafter exist.
SAM A. NUNN, JR.
Attorney for Petitioners
Georgia, Houston County
The petition of S. W. Fisher,
William S. Miller, and Martha
Maddox Fisher, to be incorporated
under the name and style of F. &
M. Farm, Inc., for a‘ period of
thirty-five years, presented, read
and considered. It appearing that
said petition is legitimately within
the purview and intention of Geor
gia laws, and that there is no exist
ing corporation registered in the
office of the Secretary of State
of Georgia by the name of F. &
M. Farm, Inc.
It is considered, ordered and
adjudged that the prayers of the
petitioners be and the same are
hereby granted; and that petition
ers be and they are hereby vested
with a corporate charter under the
name set forth in the petition,
and that said corporation shall
have and be vested with all the
rights, powers and privileges pray
ed for and enumerated, together
with all the rights, powers and
privileges that can be legally pos
sessed by a corporation created by
a Superior Court under the laws
of the State of Georgia. Granted
this 11th day of August, 1964.
W. D. AULTMAN, Judge
Houston Superior Court
Filed in office this 11th day of
August, 1964.
TOMMIE S. HUNT
Clerk, Superior Court
Houston County, Georgia
4tp. 8-13.
Petition for Charter
Georgia, Houston County
To the Superior Court of Said
County.
The petition of William E. Lam
bert, William T. Cross and Claude
Lewis, each of whose post office
address is Warner Robins, Geor
gia, respectfully show to the Court
the following:
1. That they desire for them
selves, their associates and suc
cessors to become incorporated
under the name and style of
“WARNER ROBINS NOON OPTI
MIST CLUB, INC.”.
2. That the object of said cor
poration is as follows: to develop
optimism as a philosophy of life;
to promote an active interest in
good government and civic affairs;
to inspire respect for law; to pro
mote patriotism and work for in
ternational accord among all peo
ple; to aid and encourage the de
velopment of youth.
3. That they desire to transact
their business in said County of
Houston with the principle office
and place of business of such cor
poration to be in Warner Robins,
Houston County, Georgia.
4. That they desire to be incor
porated for a period of 35 years
with the privilege of renewal of
charter by proper legal procedure.
5. That they desire to be permit
ted to obtain and possess proper
ty, both real and personal, and in
every legal way and manner, to
hold, use, enjoy, encumber, sell,
dispose of and handle same in ev
ery legal way and manner, to en
ter into various agreements and
contracts for the furtherance of
their purposes and intents as
aforesaid.
6. The corporation shall have no
capital stock but desires to issue
notes, execute liens, mortgages,
certificates of indebtedness and
various and sundry types of obliga
tory agreements for value.
7. They desire, the incorporators
herein named, shall be trustees of
the corporation and that they shall
have the right and privilege of
ejecting such other persons as they
shall deem fit as trustees to serve
with them in the conduct of the
purposes and business of said cor
poration and that said trustees as
a body shall be known as The
Board of Trustees of said corpora
tino, for said trustees to serve such
terms and under such conditions
as by-laws of the corporation shall
set forth, said by-laws to be pro
mulgated and adopted by the ori
ginal Board of Trustees and sub
ject to amendment in accordance
with the rules and regulations set
forth therein by said by-laws to
provide a manner of filling vacan
cies that may occur on any cause
so that the trustees shall be a
self-perpetuating body.
8. That the trustees shall set up
and adopt by-laws, rules and regu
lations for the general and special
operation of said corporation and
from time to time may change,
alter or amend same for any good
purpose.
9. That the trustees shall estab
lish rules and regulations pertain
ing to their own meetings and the
conduct thereof.
10. That they desire said corpor
ation to have and enjoy all the
rights and privileges normally en
joyed by charitable and benevolent
corporations and all such rights
and privileges as are to such cor
porations authorized by law and
being a social corporation such
further rights and privileges as
are authorized by law to social
corporations.
Wherefore, petitioners pray for
themselves, their associates and
successors to be incorporated un
der the name and style aforesaid
and that they have all rights, pri
vileges and immunities to be sub
ject to all restrictions fixed by law
in regard to such corporations.
BRUCE D. ABBOTT
Attorney for Petitioner
I ORDER
, The foregoing petition of Wil
liam E. Lambert, William T. Cross
and Claude Lewis to be incorpor
ated under the name of “Warner
Robins Noon Optimist Club, Inc.”,
has been duly presented to me and
read and considered and it appear
ing that the petition is within the
purview and intention of the laws
of this State, applicable thereto,
j and it further appearing that all
(said laws have been fully com
-1 plied with,
It is therefore, considered, or
dered and adjudged that said pe
tition be and the same is hereby
granted and petitioners, their as
sociates, successors and assigns
are hereby incorporated and made
a body politic under the name and
style of “Warner Robins Noon Op
timist Club, Inc.” for and during
a period of 35 years with all rights,
titles, privileges and immunities
mentioned in said application.
This 17th day of August, 1964.
W. D. AULTMAN
J. S. C. M. C.
Filed in office August 17, 1964.
TOMMIE S. HUNT, Clerk
4tp. 8-20.
Petition for Charter
Georgia, Houston County
To the Superior Court of Said
County.
The petition of John W. Barnes,
Mary M. Barnes, both of Byron,
Peach County, Georgia and James
R. Hatcher, of Warner Robins,
Houston County, Georgia, respect
fully show to the Court the follow
ing:
1. Petitioners desire to be incor
porated for a period of thirty-five
years with right of renewal from
time to time as provided by law
under the name of “Jim Hatcher
Auto Parts, Inc.”
2. The purpose and object of
said corporation is pecuniary gain
and profits to itself and its share
holders. The general nature of the
business to be carried on by said
corporation is as follows: To buy,
sell, rent, repair, rebuild, over
haul and deal in and with, in ev
ery manner whatsoever automo
biles and motor vehicles of every
kind and description and the com
ponent parts thereof, automotive
accessories, parts, fuels, lubricants,
paints, and personalty of every
kind and nature related or inci
dent in any way to the automotive
business, or any phase thereof;
and to do anything or take any
action necessary or appropriate to
the foregoing activities or any of
them, in addition to all acts or
powers authorized or granted to
private corporations under the
laws of the State of Georgia.
3. Petitioners further that
said corporation shall have all the
powers enumerated and set out in
Section 22-1827 and 22-1828 of the
Ga. Code Ann., and such powers
as may hereinafter be given by
law.
4. The principal office of the
corporation shall be in Warner
Robins, Houston County, Georgia,
but petitioners desire the privi
lege of establishing branch offices
both within and without the State
of Georgia.
5. Petitioners furhter desire that
by-laws of the corporation shall be
adopted by the common stockhold
ers, and such by-laws shall provide
for the officers of the corporation,
the manner of their election, and
such other rules appropriate to by
laws which have as their purpose
the control and management of
the corporation.
6. The amount of capital stock
with which the corporation shall
commence business shall be 80
shares of a par value of SIOO.OO
per share, or $8,000.00, all of
which will be paid in cash, or in
property or in services rendered
taken at its fair market value.
Wherefore, petitioners pray to
be incorporated under the name
and style aforesaid with all the
right, powers, privileges and im
munities hereinabove set forth,
and such additional rights, powers,
privileges and immunities as may
be necessary, proper or incident to
the conduct of the business afore
said, and as may be inherent in
or allowed to like corporations un
der the laws of the State of Geor
gia as they now exist or may here
after exist.
WISSE & KUSHINKA
ORDER
The foregoing petition of John
W. Barnes, Mary M. Barnes and
James R. Hatcher to be incorpor
ated under the name of “Jim Hat
cher Auto Parts, Inc.,” has been
duly presented to me and read and
considered and it appearing that
the petition is within the purview
and intention of the laws of this
State, applicable thereto, and it
further appearing that all said
laws have been fully complied
with
It is therefore, considered, or
dered and adjudged that said pe
tition be and the same is hereby
granted and petitioners, their as
sociates, successors and assigns
are hereby incorporated and madib
a body politic under the name and
style of “Jim Hatcher Auto Parts,
Inc.” for and during a period of
35 years with all rights, titles, pri
vileges and immunities mentioned
in said application.
This 17th day of August, 1964.
W. D. AULTMAN
J. S. C. M. C.
Filed in office August 17, 1964.
TOMMIE S. HUNT, Clerk
4tp. 8-20.
Sale of Land
Georgia, Houston County
There will be sold at public out
cry to the highest and best bidder
for cash, between the legal hours
of sale, before the courthouse door
in Houston County, Georgia, on
the first Tuesday in September,
the following described property,
to-wit: Lot A, Re-Subdivision of
Lots 1 and 2, Block 6, Wellston Ad
dition Subdivision, and in the City
of Warner Robins, Georgia, and
found in the possession of Owen
Chesley Malone and Martha Ma
lone levied on to satisfy the Street
Improvement Fi. Fa. in favor of
the City of Warner Robins, levied
on as the property of defendent
in fi. fa. notice of levy and sale
having been given to the defen
dant in possession.
This 6th day of July, 1964.
SAM SHANNON, Marshall
4tc. 8-6.
Ordinary's Citation
State or Georgia
County of Houston
The First National Bank and
Trust Company as guardian of the
property of Robert LaMar Rich
ardson. having filed its application
cause, if any there be, before the
for letters of dismission, this is to
cite all parties interested to show
Court of Ordinary of said County
at the next term thereof why let
ters of dismission should not is
sue as prayed.
This 11th day of August, 1964.
LAMAR E. CHRISTOPHER
Judge, Court of Ordinary
Olin T. Lester
Chief Attorney
Veterans Administration
Attorney for Petitioner 4tp. 8-13.
Ordinary's Citation
Georgia, Houston County Court
of Ordinary,August 11, 1964.
The appraisers upon applica
tion of Mrs. Clara Morris Phelps
widow of said Robert Winsett
Phelps for a twelve months’ sup
port for herself and 2 minor
children, having filed their re
turn; all persons concerned here
by are cited to show cause, if
i any they have, at the next regu
lar September term of this court,
why said application should not
be granted.
LAMAR E. CHRISTOPHER
Ordinary 4tc. 8-13.
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ffMi/DM
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The new evaporator-type hu
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