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About The Dade County times. (Trenton, Ga.) 1908-1965 | View Entire Issue (Nov. 28, 1957)
PAGE 4 IN THE SUPERIOR COURT DADE COUNTY, GEORGIA Docket No. 410 In Rem In Superior Court Dade County, Georgia STATE OF GEORGIA vs. 1535.7 Acres of Land in Districts 10 and 11, 4th Section Dade County, and 163.33 Acres of Land in District 12, 4th Section Walk¬ er County, Ga., and Kenneth MLennan, John S. McCullough, Miller Investment Company, Felix Miller, Paul Clifford Smith, Mrs. F. C. (Gladys) Butt, Mrs. John (Lucille) Henry, T. Wade Alien, Mrs. Blanche Allen, J. A. Kell, Woodrow W. Smith, Lucille Lmith McGee. Mrs. Mildred (G. B.> Smith, Mrs. Maggie Smith hairLon, Hoxe Smith, John R. t.x.ith, Herbert C. Smith, Mrs. M^ry Ruth Smith Galloway, Raiph W. Smith, Mrs. C. Tate i>mith, Weyman Smith, C. Tate ^mith, Jr., Juan Hipp, Minnie Fain, J. W. N. Dickey, H. R. Dickey, Paul Dickey. Mrs. Louis Cochran, Mrs. Ralph (Lela) Dickey, Mrs. Edgar Woody, Mrs. Carl Brown, Mrs. Wm. J. Roberts, Mrs. Vernon Cioleman, Mrs. George Dickey, Hoy Dickey, Mrs. Evelyn Bame, Mro. Randall Dickey, Mrs. J. B. Dickey, Mrs. Lucy Hampton, Mrs. J. B. (Stella) Mabile, Mrs. Garrett Chastain, Unknown neirs of B. F. Chastain, Mrs. Clark Ray, L. S. Chastain, J. Y. Chastain, Mrs. R. L. Towery, Mrs. Claire Fitts, Mrs. Ruby Vvrye, E. W. Chastain, Mrs. Lee buvon, Mrs. Sam Thomas, Un¬ known heirs of Mary Jane Add¬ ington, Robert Wilson, Mrs. Es ie Wilson Hill, Mrs. Julia S. Moore, John L. Reed, his heirs, aevisees and assigns, William L. Kcrley, his heirs, devisees and assigns, Wm. I. Price, his heirs, cn.isees and assigns, Benjamin U. Martin, his heirs, devisees ar.d assigns; Beverly A. Martin, ntr heirs, devisees, and assigns; vannie K. Martin, her heirs, a-visee^ and assigns; Martha C. Martin, her heirs, devisees and ~asigns; Zachariah Davis, his ncir ., devisees and assigns; Ash¬ ley L. Alvis, his heirs, devisees nd assigns; Matthew Varner, uit. heirs, devisees and assigns; Mrs. Martha J. Tinker, her heirs, dcvLees and assigns; Mrs. Sallie A. Whitt, her heirs, devisees and assigns; James H. Sitton, his neirs, devisees and assigns; Wm. M. Sitton, his heirs, devisees and as igns; Mrs. Maude Cook; Ernie Long, Tom Long, Mrs. Bonnie Dean Gossett, Mrs. Thelma (Dean Brown, M r s. Burnie Davis, Mrs. A1 Gibson, Mrs. Cordia Sitton Foster, Mrs. Mamie Sitton Cole, her heirs, devisees & assigns; Unknown heirs of Jacob Sitton, T. J. Lumpkin, his heirs, devisees and assigns; Russ Tatum, Turner Tatum, Mrs. Dana T. Davis, Miss Terrell Tatum, Mrs. Catherine Bearing, Mrs. Bradford S. (Flora) Tatum, Tom Tatum, his heirs, devisees and assigns; Mon ford W. Tatum, Mrs LaGatha Tatum Climer, Ander¬ son Real Estate Co., and un¬ known stockholders; Saxon A. Anderson, his heirs, devisees and assigns; D. N. Anderson, his heirs, devisees and assigns; James T. Anderson, his heirs, devisees and assigns; H. N. Anderson, his heirs, devisees and assigns; Mrs. Julia A. Dupre, her heirs, devisees and assigns; Robert H. Tatum, his heirs, devisees and assigns; Mrs. W. L. (Una Bates) Wilkinson, Bates Wilkinson, W. Lucian Wilkinson, Mrs. Martha Kuykendall, John J. Morgan, Sr., his heirs, devisees and assigns; John J. Morgan, Jr., his heirs, devisees and assigns; J. W. Reid, his heirs, devisees and assigns; Mrs. Ethel Mat¬ thews, Art E. Moore, Leon W. Moore, John V. Moore, Frank Massey, Ernest Massey, Mrs. Peal Massey Lawson. Arnold Massey, Benton Massey, Wesley Massey , M r s. Porter (Carrie Massey) Everett, Mrs. Hubert (Vera Massey) Everett, Herbert McKaig, Mrs. Rod (Verna McKaig) Patton, Mrs. John (Maggie McKaig) Gray. Hugh McKaig, Mrs. Frank (Maud McKaig) Frizzell, Sher¬ man Moore. Terrance Moore, Kenneth Moore, Mrs. Bryan shel (Edith (Evelyn Moore) Moore) Logan, Mrs. Penning- Her-j ton, Walter Gray, Scott Gray, Mrs. Turner (Ruth Gray) Mor¬ row. Mrs. Grace C. Gray, Edwin Gray, Julian Gray, Gladys Gray, Gary Gray, Mrs. Carl (Cleo Gray) Baker, Mrs. Joe (Ruby Gray) Fulghum, Mrs. J. C. (Audrey Gray) Abbott, Mrs. Sam (Dollie Gray) Avans, Lin¬ coln Gray, Woodrow Gray, Leon- ard Gray, W. D. Bradford, Wal- THE DApE.CpU?iTX TW3, TJUSffDCQN,_GEORGIA* THURSDAY, NOVEMBER 28, 1957 ter Bradford, Claude Bradford Floyd Bradford, Arvil Bradford, Mrs. Virgie Bradford Maudine Bradford, Pat Neal, Marie Neal, Marion Neal, Gar¬ nett Neal, J. W. Neal, Mrs. Free¬ man (Bobbie Neal) Forrester, Catherine Moore, Driggs Moore, Norman Moore, Lawrence Moore, Skyland or Skyline Investment Company, its stockholders and > si g n s; LaFayette McLaws, Mrs. Myrtle Cureton Pace, Mrs. Ynnie Cureton Fowler, Mrs. Fay Cureton Schoolfield, Mrs. Carry Cureton, Dudley Cureton, Ken- ueth Cureton, Mrs. Betty Jean Cureton Rogers, Mike Cureton, Hugh Cureton, Fred Cureton, Mrs. Charles Sullivan, Marion Cureton, May I. Cureton, Matt L. Harris, Lowell Harris, Lanier Harris, Lena May Harris, Eleanor Cureton Harris, Wendell Harris, Matthew Harris, his wife and unknown children; Mrs. Lillian Cureton Stroud, Miss Bessie Cureton, Mrs. Edna Cure- „on, ,Mrs. Grace Cureton Lamp- kin, Guy Brock Mrs. Mary Neida Brock Whitten, Mrs. Benny Brock Wells, Murphey K. Cure- ton, Jim Cureton, Mrs. Bertha C. Price, Harold C. Cureton, Wm. C. Cureton, II; Mrs. Clara C. Stewart, The County of Dade, State of Ga.; William P. Clay¬ ton, Lucv P- Clayton, et al. NOW COMES the State of Georgia as plaintiff and con¬ demnor, and in the exercise of its power of eminent domain, brings this action for condem¬ nation and alleges; 1 . It has been determined by proper authorities by law desig¬ nated that it is desirable and necessary that the State of Georgia acquire property or any cutstanding interest therein in Dade and Walker Counties, Georgia, consisting of 1535.7 acres in Land Districts 10 and 11, 4th Section, Dade County, and 163.33 acres in District 12, 4th Section, Walker County, now comprising what is known as CLOUDLAND CANYON STATE PARK, a part of the Parks System of the Department of State Parks of the State of Georgia, which property i s hereinafter more particularly described, for public use, and that the title to said property be acquired in fee simple. 2 . Authority for condemning said interest is authorized in Section 36-1104 of the Code of Georgia of 1933, Annotated, (Acts 1914, p 92; Acts 1937-38, Extra Ses¬ sion, pp. 251-253), and by a Res¬ olution adopted on the 11th day of October, 1957, by the Gover¬ nor, the State Auditor and the Attorney General in compliance with Section 36-1117 of the Code o f Georgia, 1933, Annotated (Acts 1945, pp. 120, 121), a copy of which Resolution is hereto attached and made a part of this petition. 3. It is necessary to take said property and all interest therein outstanding to be used in the development of a State Park as a part of the program of the Department of State Parks, Div¬ ision of Conservation of the State of Georgia in accordance with the laws thereunto per¬ taining. 4. This petition in rem is brought by the State of Georgia to ac¬ quire in fee simple the property described as follows; to-wit: All those tracts or parcels of land consisting of Land Lots 4, 31, 32, 33, 40, 41, 42, 43 and 78 of the 11th District, 4th Section, Dade County, Georgia, and also part of Land Lot 5 of the 11th District, 4th Section, Dade County, Georgia, described as follows: That portion of Land Lot 5 lying west of Gulf Creek, and more particularly described as follows: BEGINNING at a point in the center run of Gulf Creek, which point lies on the south land lot line of said Land Lot 5 and is south 88 degrees 30 minutes west 205 feet from the southeast cor¬ ner of said Land Lot; thence in a north direction along the cen¬ ter run of said Creek and follow¬ ing the meanderings thereof, 3510 feet to the north line of said Land Lot 5, which is also north line of the 11th Dis trict, 4th Section; thence south 88 degrees 30 minutes west along the said north line of Land Lot 5,967 feet to the northwest cor¬ ner of said Land Lot, which is a common corner with Land Lot 4 of said District and Section, and the southwest corner of Land Lot 320 of the 10th Dis¬ 4th Section of said County; thence south along the we3t line of said Land Lot 5 to the south- west corner of said Land Lot which is a common corner with Land Lots 4, 33 and 32 of said District and Section; thence east along the south line of said Land Lot to the center run of Gulf Creek and the point of beginning. ALSO, part of Land Lot 68 of the 11th District, 4th Section of Dade County, Georgia, consist¬ ing of 15.8 acres of land, more or less, and which is more particularly described as fol¬ lows : BEGINNING at a point in th& center run of Daniel Creek, which point is on the south line of Land Lot 41 and the north Jine of Land Lot 68, said District and Section; thence south along the center run of Daniel Creek and following the meanderings tnereof 815 feet, more or less, to a point. This line can be more accurately described with tang¬ ents and distances as follows: south 15 degrees 30 minutes east 165 feet; south 16 degrees 15 minuites east 235 feet; south 49 degrees 31 minutes east 70 feet; south 5 degrees 19 minutes west 58.8 feet; south 38 degrees 51 minutes east 100 feet; south 6 degrees 5 minutes east 196.3 feet; thence north 88 degrees 30 minutes east running from said point in the center run of Dan¬ iel Creek 847 feet to a stone; thence north 1 degree 30 min¬ utes west 790 feet to a point on the north line of said Land Lot 68; thence north 89 degrees 09 minutes east 962 feet to the point of beginning. ALSO, part of Land Lot 320 of the ICth District, 4th Section of Dade County, Georgia, consist¬ ing of 23.8 acres, and more part¬ icularly described as follows: BEGINNING at the southwest corner of said Land Lot 320 which is a common corner with Land Lots 4 and 5 of the 11th District, 4th Section, and run¬ ning thence north 88 degrees 30 minutes east along said Land Lot line which is also the common line between the 10th and llth Districts of the 4th Section of County, 967 feet to a point in the center run of Gulf Creek; thence in a north dir¬ ection along the center run of said Creek 575 feet to a point; thence south 88 degrees 30 min¬ utes west 1803 feet, more or less, to a point on the west line of said Land Lot 320; thence south 1 degree 30 minutes east along the west line of said Land Lot 320, 563 feet to the point of beginning. All as shown by plat of survey of J. p. Baskin & Asso¬ ciates of Rome, Georgia, dated March 1, 1957, a copy of which is recorded in the records of Dade County, Georgia. ALSO, all that tract or parcel of land lying and being in Land. Lots 99 and 100 of the 12th Dis¬ trict, 4th Section of Walker County, Georgia, consisting of 98.65 acres in Land Lot 99 and 64.68 acres in Land Lot 100, and being more particularly describ¬ ed as follows: BEGINNING at a point on the east line of Land Lot 99, 12th District, 4th Section, Walker County, Georgia, which point is 118 feet north 1 degree 30 minutes west of the southeast corner of said Land Lot which is a common corner with Land Lots 98, 119 and 118 of said Dis¬ trict and Section for a point of beginning; thence south 88 de¬ grees 30 minutes west 70 feet to a stone pile; thence north 51 degrees 30 minutes west 592 feet to a point on the east margin of Georgia State Route No, 239; thence continuing in the same direction across the right-of- way of said Highway, 98 feet to a point on the west margin of said Highway and a stone pile; thence south 00 degrees 56 min¬ utes east along the west margin of an old road, 456 feet to a stone pile; thence south 88 de¬ grees 30 minutes west 1750 feet to a stone pile; thence north 1 degree 30 minutes west 1270 feet, to a stone pile; thence north 88 degrees 30 minutes east 530 feet to a stone pile; thence north 1 degree 30 minutes west 1125 feet to a point on the line com¬ mon to Land Lots 99 and 100, said District and Section; thence continuing north 1 degree 30 minutes west 2060 feet to a stone pile; thence north 88 degrees 30 minutes east 1420 feet to a stone piie; thence south 1 degree 30 minutes east 1360 feet to a stone pile; thence south 11 degrees 00 minutes west 700 feet to a point in the line common to said Land Lots 99 and 100; thence continu¬ ing south 11 degrees 00 minutes west 1100 feet to a stone pile; thence south 60 degrees 00 min¬ utes east 232 feet to a point on the west margin of Georgia State Route No. 239; thence con¬ tinuing in the same direction across the right-of-way of said Highway, 70 feet to a point on the east margin of said High¬ way; thence continuing south 60 degrees 00 minutes east 388 feet to stone pile; thence north 88 degrees 30 minutes east 200 feet to a point on the east line of said Land Lot 99 which is the west line of Land Lot 118, said District and Section; thence south 1 degree 30 minutes east 1050 feet along said Land Lot line to the point of beginning, all as shown by plat of survey of J. P. Baskin & Associates of R^me, Georgia, dated June 1 1957, a copy of which is on re¬ cord in the records of Walker County, Georgia. All of the above described pro¬ perties now comprise what is known as CLOUDLAND CAN¬ YON STATE PARK, a part of the Parks System of the Depart¬ ment of State Parks of the State of Georgia. 5. The ownership of said pro¬ perty, although at present held by the State of Georgia, and the outstanding interests in and to said property hereinabove des cribed and sought to be con¬ demned, is doubtful because the petitioner does not know, and has been, after making diligent efforts, unable to ascertain, who are or might be the owners of any possible outstanding inter¬ ests tnerein. 6 . The petitioner finds and be¬ lieves that the title of the ap¬ parent or presumptive owners of said property or any interest therein is defective, doubtful, incomplete and in controversy, and that there are or may be persons unknown or non resident who have or may have some claim or demand thereon or some active or contingent interest or estate therein; and that there are or may be minors or persons under disability who are or may be interested there¬ in; and petitioner concludes that it is desirable to have a judicial ascertainment of any question connected with the matter; and therefore this peti¬ tion in rem is hroughit. 7. Petitioner alleges that the State of Georgia through its properly constituted authority or authorities is willing to pay the true owner or owners of said property, or any owner of any interest therein, just and ade¬ quate compensation for the int¬ erest to be condemned and all damages to which said owner would be legally entitled. 8 . Petitioner does not know and has been unable, after making diligent efforts, t o ascertain whether or not the following ations, persons, who partnerships, or corpor¬ appear in the record chain of title to said property, and because of a break in the (record chain or otherwise, it does not appear from said re¬ cords that the interests therein have been divested, or by other information have been or are inow parties interested in the title to said property by inheri¬ tance or otherwise,—are now liv¬ ing and, if dead, who are the heirs, executors, administrators or assignees, and they are herein named defendants together with unknown heirs, distributees, ex¬ ecutors, and administrators, succes¬ sors assignees; Kenneth M’Lennan, his heirs, devisees and assigns John S. McCullough, his heirs, devisees and assigns Miller Investment Company, a Tennessee Corpora¬ tion, Chattanooga, Tennessee. Felix Miller, Chattanooga, Tenn¬ essee Paul Clifford Smith, Blue Ridge, Ga. Mrs. F. C. (Gladys) Butt, 3806 Liberty Blvd., South Gate, Calif. Mrs. John (Lucille) Henry, Mineral Bluff, Ga. T. Wade Allen, 917 Woodland Ave. NE, Apt. 4, Knoxville, Tenn. Mrs. Blanche Allen. Mineral Bluff Ga. J. A. Kell, Copperhill, Tennessee Woodrow W. Smith, 1434 Patrick Henry Drive, Falls Church, Va. Lucille Smith McGee, Knoxville, Tennessee Mrs. Mildred R. (G. B.) Smith, Morganton, Ga. Mrs. Maggie Smith Harrison, Copper- hill, Tennessee Hoke Smith, 64 Darrington St., S. W., Washing¬ ton. D. C. John R. Smith, 415 Ross Street, Groveton, Alexand¬ ria, Va. Herbert C. Smith, Mor¬ ganton, Ga. Mrs. Mary Ruth Smith Galloway, Morganton, Ga. Ralph W. Smith, 4739 Homer Avenue, Suitland, Maryland Mrs. C. Tate Smith, 734 Brookridge Dr., NE, Atlanta, Ga. Weyman Smith, 9 Amy (Place, White Plains, N. Y. C. Tate Smith, Jr., 43 Third ST., NE, Atlanta, Ga. Juan Hipp, Blue Ridge, Ga. Minnie Fain Morganton, Ga. J. W. N. (Dickey, Copperhill, Copperhill, Tennessee Tennessee H. R. Dickey, Paul Dickey, Blue Ridge Ga. Mrs. Louis Cochran, Young Harris Ga. Mrs. Ralph (Lela) Dickey, Mineral Bluff Ga. Mrs. Edgar Woody, 310 S. Cleveland Drive, Albany, Ga. Mrs. Carl Brown, 2312 East 40th St., Savannah, Ga. Mrs. William J. Roberts, Route 1, Montezuma, Ga. Mrs. Vernon Cioleman, Box 276, Brigham City, Utah Mrs. George Dickey, Mineral Bluff, Ga. Roy Dickey, P. O. Box 736, Copperhill, Tennessee Mrs. Evelyn Bame, 155 East Perry St., Tiffin, Ohio Mrs. Randall Dickey, 4211 Allen- aorf Dr., Oakley, Cincinnati 11, Ohio Mrs. J. B. Dickey, 552 Clif¬ ton Rd., NE, Atlanta, Ga. Mrs. Lucy Hampton, Blue Ridge, Ga. Mrs. J. B. (Stella) Mabile, 615 S. Glenwood, Clearwater, Fla. Mrs. Garrett Chastain, Dawson- ville, Ga. Unknown heirs of B. F. Chastain, address unknown Mrs. Clark Ray, 2269 Fairhaven Cir¬ cle. NE, Atlanta, Ga. L. S. Chas¬ tain, Route 2, Savannah, Ga. J Y. Chastain, Warner Robins, Ga. Mrs. R. L. Towery, 2547 Phyllis St., Jacksonville, Fla. Mro. Claire Fitts, 3101 Hill Side Ave., Decatur, Ga. Mrs. Ruby Wrye, Route 2. Marietta, Ga. E. W. Chastain, Gihalta, Michigan Mrs. IVirs. Lee Benson, Elkins, N. C. Sam Thomas, Tucker, Ga. Unknown heirs of Mary Jane Addington, a d d re ss unknown Robert Wilson, Rt. 3, Cleveland, Tennessee Mrs. Essie Wilson Hill, C‘ h a rl e st o n, Tennessee Mrs. Julia S. Moore, Cleveland, Tenn- iessee John L. Reed, his heirs, devisees, and assigns, address unknown William L. Kerley his heirs, de¬ visees and assigns, address un¬ known Wm. I. Price, his heirs, devisees and assigns, address unknown Benj. D. Martin, his heirs, devisees and assigns, add¬ ress unknown Beverly A. Martin, her heirs, devisees and assigns, a d d r es s unknown Fannie K. Martin, her heirs, devisees and assigns, address unknown Mar¬ tha C. Martin, her heirs, de¬ visees and assigns, address un- known Zachariah Davis, his heirs, devisees and assigns, add ress unknown Ashley L. Alvins, his heirs, devisees and assigns, address unknown Matthew Var¬ ner, his heirs, devisees and as¬ signs, address unknown Mrs. Martha J. Tinker, her heirs, de¬ visees and assigns, address un¬ known Mrs. Sallie A. Whitt, her heirs, devisees and assigns, add¬ ress unknown James H. Sitton, his heirs, devisees and assigns, address unknown Wm. M. Sitton, his heirs, devisees and assigns, address unkown, Mrs. Maude Cook, Chattanooga. Tennessee Ernie Long, Chattan¬ ooga, Tennessee Tom Long, Cnattanooga, T en ne ssee Mrs. Bonnnie Dean Gossett, Dade County, Ga. Mrs. Thelma Dean Brown, Fort Payne, Alabama Mrs. Burnie Davis, Chattan¬ ooga, Tennessee Mrs. Al Gibson, Dayton, Tennessee Mrs. Cordia Sitton Foster, Trenton, Ga. Mrs. Mamie Sitton Cole, her heirs, devisees & assigns, address un¬ known, heirs of Jacob Sitton, address un¬ known T. J. Lumpkin, his heirs, devisees and assigns, address unknown Russ Tatum, Phoenix, Arizona Turner Tatum, Oklaho¬ ma Mrs. Dana T. Davis Florida Miss Terrell Tatum, Chattan¬ ooga, Tennessee Mrs. Catherine Dearing, Hemphill Ave., Chatt¬ anooga, Tennessee Mrs. Brad¬ ford S. (Flora) Tatum, 3601 4th Ave., Chattanooga Tenn¬ essee Tom Tatum (Mississippi), his heirs, devisees assigns, add¬ ress unknown Monford W. Tatum, Trenton. Ga. Mrs. La¬ Gatha Tatum Climer, 471 E. Pharr Rd.. Decatur, Ga. Ander¬ son Real Estate Co. a corp’n, Marietta, unknown stockholders, addresses unknown, Saxon A. Anderson, his heirs, devisees & assigns, address un¬ known D. N. Anderson, his heirs, devisees & assigns, address un¬ known James T. Anderson his heirs, devisees & assigns add¬ ress unknown H. N. Anderson, his heirs, devisees & assigns, address unknown , Mrs. Julia A. Dupre, her heirs, devisees & as- ssigns, address unknown Robert H. Tatum, his heirs, devisees & assigns, address unknown, Mrs. W. L. (Una Bates) Wilkin¬ son, Trenton, Ga. Bates Wilkin¬ son, Ga. an W. incompetent, Trenton, Lucian Wilkinson, Tren-
