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About The Dade County times. (Trenton, Ga.) 1908-1965 | View Entire Issue (Nov. 28, 1957)
ton, Ga. Mrs. Martha Kuyken¬ dall, 3541 Greenbrier Dr., Dallas 25, Texas John J. Morgan, Sr., /his heirs, devisees & assigns, •address unknown John J. Mor¬ gan, Jr., his heirs, devisees & assigns, address unknown J. W. Reid, his heirs, devisees & as¬ signs, address un kn ow n Mrs. Ethel Matthews, Dade County, Ga. Art E. Moore, Dade County, Ga. Leon W. Moore, Dade County Ga. John V. Moore, 406 E. James St., Tampa, Florida Frank Mas¬ sey. Walker County, Ga. Ernest Masses, Rossville, Ga. Mrs. Pearl Massey Lawson, Rossville, Ga. Arnold, Massey, Rossville, Ga. Benton Massey, Dade County, Ga. Wes¬ ley Massey, Dade County, Ga. Mrs. Porter (Carrie Massey) Everett, Dade County, Ga. Mrs. Hubert (Vera Massey) Everett, Dade County, Georgia Her¬ bert McKaig, Utah St., Oak Ridge, Tennessee Mrs. Rod (Verna McKaig) Patton, Knox¬ ville, Tennessee Mrs. John (Mag¬ gie McKaig) Gray, Dade County, Ga. Hugh McKaig, Dade County, Ga. Mrs. Frank (Maud McKaig) Frizzell, Jones Sta., Chattan¬ ooga, Tenn. Sherman Moore, Fort Payne, Alabama Terrance Moore, Kingston, Tennessee Kenneth Moore, Dade County, Ga. Mrs. Bryan (Edith Moore) Logan, Kingston, Tennessee Mrs. Hershel (Evelyn Moore) Penn¬ ington, Dade County, Ga. Walter Gray, Dade County, Ga. Scott Gray, Route 2, Rising Fawn, Ga. Mrs. Turner (Ruth Gray) Morrow, Rossville, Ga. Mrs. Grace C. Gray, Dade County, Ga. Edwin Gray, 'Dade County, Ga. Julian Gray, a min¬ or, Dade County, Ga. Gladys Gr y, a minor, Dade County, Ga. Gary Gray, a minor, Dade County, Ga., Mrs. Carl (Cleo Gray> Baker, Dade County, Ga. Mrs. Joe (Ruby Gray) Fulghum, Dade County, G a. Mrs. J. C. i Audrey Gray) Abbott, Dade County, Ga. Mrs. Sam (Dollie Gray) Avans. Dade County, Ga. Lincoln Gray, Dade County, Ga. Woodrow Gray, Dade County, Ga. Leonard Gray, Dade County, Ga. W. D. Bradford, D;de County Ga. Walter Brad¬ ford, D'ade County, Ga. Claude Bradford, Dade County, Ga. Floyd Bradford, Dade County, Ga. A r v i 1 Bradford, Dade County, Ga. Mrs. Virgie Brad¬ ford Clark, Cooper Heights, Wal¬ ker County, Ga. Maudine Brad¬ ford, a minor, Cooper Heights, Walker County, Ga. Pat Neal, Dade County, Ga. Marie Neals L o ok o ut Mountain, Dade or Walker County, Ga. Marion Neal, address unknown Garnett Neal, Walker County, Ga. J. W. Neal, a minor, Route 2, Rising Fawn, Ga. Mrs. Freeman (Bobbie Neal) Forrester, Dade County, Ga. Catherine Moore, D a de County, Ga. Driggs Moore, Wal¬ ter Hill, Tennnessee Norman Moore, Chattanooga Valley, Walker County, Ga. Lawrence, Moore, Missionary Ridge, Chatt¬ anooga, Tenn. Skyland, or Sky¬ line, Investment Co., its stock¬ holders and assigns, address un¬ known LaFayette McLaws, 15 Bay St., Savannah, Ga. Mrs. Myrtle Cureton Pace, Trenton, Ga. Mrs. Annie Cureton Fowler, Chattanooga, Tenn., or Florida, o r Panama, Central America Mrs. Fay Cureton Schoolfield, Chattsnooga, Tennessee Mrs. Carry Cureton, Trenton, Ga. Dudley Cureton, Trenton Ga. Kenneth Cureton, Trenton, Ga. Mrs. Betty Jean Cureton Rogers, Trenton, Ga. Mike Cureton, Honda Hugh Cureton, Chatt¬ anooga, Tennessee Fred Cureton, Chattanooga, Tennessee, Mrs. Charles Sullivan, Chattanooga Tennessee. Marion, Cureton, Dade County, Ga. May I. Cureton, )Dade County, Ga. Matt L. Harris, Ringgold, Ga. Lowell Harris, Ringgold, Ga. La n ie r Harris, Ringgold, Ga. Lena May Harris, New York, N. Y. Eleanor Cureton Harris, New York, N. Y. Wendell Harris, California Matthew Harris, his wife and unknown children, address unknown Mrs. Lillian Cureton Stroud, Dade County, Ga. Miss Bessie Cureton, Dade County, Ga. Mrs. Edna Cureton Jacowuy, Chattanooga, Tenn¬ essee Mrs. Grace Cureton Lampkin, Birmingham, Alabama Guy Brock, Birmingham, Ala¬ bama Mrs. Mary Neida Brock Whitten, Birmingham, Alabama Mrs. Benny Brock Wells, Dade County, Ga. Murphey K. Cureton, Washing¬ ton. D. C. Jim Cureton, Chicago, Illinois Mrs. Bertha C. Price, Dade County, Georgia Harold C. Cureton, Macon, Georgia Wil¬ liam C. Cureton, II, Dade County, Ga. Mrs. Clara C. Ste¬ wart, Dade County, Ga. The County of Dade, State of Geor¬ gia William P. Clacton, Dade County, Ga. Lucy P. Clayton, Dade County, Ga, et al. 9. The Counties of Dade and Walxer and the State of Georgia may have some claim against said lands on account of unpaid State and County taxes. 10 . The said owners generally and alienees and any otner persons xnown and unsnown claiming any right, title, power, interest-, ownersnip, equity, claim or de¬ mand in ana to said land and all owners and users of ways and easements in, across and over said land .are made parties de- xendants to this action to the end that they may come into court and maxe claim to such nitexest or ownersnip or otner ugnt as they may nave in tne same and to tne proceeds arising therefrom. 11 Petitioner names as its asses¬ sor J. A. Andrews of R. F. D. No. i, Kensington, Georgia. WHEkEFOke, pet it ione r brings this suit and prays: (a) Tnat by appropriate order the court require tnat service of this petition oe periected on tne defendants as required by law, and tnat said order be duly serv¬ ed requiring deiendants named tnerem and ail persons known and unknown who may claim or nave an interest in said lands, (including mineral, timoer, and easement by use, as well as any and ail other claims, be required to appear at a time and piace to be named by tne court to make known their objections, n any they have tneir riignts, ownersnip, interest, or claim in and to said land and claims as to the value of same; and to name an assessor, and any other matters material to tne adjudi¬ cation of tneir rights. (b) Petitioner further prays that notice be given to tne Tax collectors of Dade and Walker Counties, and that notice be published according to law once tin newspapers properly desig¬ nated for the publishing of legal notices in Dade and Walk¬ er Counties; and that notice ce given the Ordinaries of Dade and Walker Counties who shall lepresent and act for any un¬ known owner and for any own¬ ers who may have any title, right, interest, claim or demand m and against said land, as provided by law; and that any and further services a« may be, in the dis¬ cretion of this Court, necessary or desirable be periected. day (c) That the Court fix a certain in said Order to pass upon and adjudicate all ques¬ tions relating to the condemna¬ tion of said property or any in¬ terest therein and other ques¬ tions raised by the petitioner, and make such further Order as to appointment of assessors as is required by law in such cases so as to secure a fair and im¬ partial assessment, and that the Court pass such other and fur¬ ther Order as may be deemed proper or as may be required by law i n the premises, includ¬ ing, if in the discretion of the Court the same seems proper and desirable, the appointment of an auditor to serve for the purpose of investigating s uc h matters as are presented by this petition or may, from time to time, be presented to the Court in this proceeding, and report the results of such investiga¬ tions to the Court, all as provid¬ ed by law or as, in the judgment of this Court, the facts and cir¬ cumstances may require. (d) That petitioner have Jud- ment in rem against said pro¬ perty condemning the same in fee simple title in the petitioner free of lien or encumbrance. (e) That petitioner have such other and further relief as may be legal, proper and just. Address: Judicial Bldg., Room 132, State of Ga., Atlanta, Georgia Eugene Cook The Attorney General Judicial Bldg., Room 110, State of Ga., Atlanta, Georgia Charles H. Bruce Assistant Attorney General Judicial Bldg., Rm. 141-B, State of Ga., Atlanta, Georgia John C. Scarborough Attorney LaFayette Georgia Shaw & Shaw, Attorneys at Law By:Geo. P. Shaw ATTORNEYS FOR PETITIONER A RESOLUTION WHEREAS, The General As¬ sembly of Georgia has found it desirable for the State to expand its existing public park facilities and the General Assembly has THE DADE COUNTY TIMES, TRENTON, ♦» GEORGIA, THURSDAY, NOVEMBER SS, 1957 ..... .. ■» » T — T ~ • - • ■- authorized the acquistion of pri v ate property wnen necessary by condemnation (Georgia Laws IHj, page 120); and W riFit£/AE, i ne General As- governor? tne st£* Auanor and tne Attorney General of the State oi Geoigia to maxe n>Inations respecting tne Dilate v property 1 1 or ^parx^p in- p 0 es ana ai Ul e public interest; and WHEREAS, The General As- semoiy nas autnonzed tne im¬ provement and expansion of purxs including Clouuiand Can¬ yon state t arx located in Dade and Waixer counties, Georgia, at wimii parx iacmties are wnoiiy inadequate to provide tne x.eees.aiy , A iia aemrauie services jor me citizens ox Georgia, and WEutKxtno, an examination oi the uue to tne property now comprising said parx by reput- aQie uue attorneys and a report tjieicon discloses tiiat tne title to tne piopci’ty now pieoump- uveiy neid oy tne State is ae- ltctive; and WounixunS, before more money Sem m“sla palm'd Ttraer to avoid possioie nugauon in connection wun tne uue to said piupeity, it is uesnaoie tnat tue uue to said laiicu De cleared; a ‘ WHEREAS, in order to tne tiue to said property it is necessary to condemn certain outstanding interests in said pro- pexty unuer Giiapiei ao-xx of uie coue ox Geoxgxa, Amxoiated, iome ox waxen lxiierescs are un x.iown ana tne vaxue ox tiie jvnown outstanding nnereots is -not asceitainaoie out will be a mmter to oe deemed oy tne courts ox txxxs State under con- uemnauon proeecauigs Diougnt under me aoove referred cn-pter 01 txxe code ox xvcrW, ixmdtm.i'Dim, be xl solved oy me crovernor, State auditor ana .attorney uenerai of me State ox Georgia tnat the Law .Department ox tne state of ceorgxa oe and it is nereoy aut- xmiizbu to proceed by condem¬ nation to acquire ail outstanding uneiests adverse to tne interest of tne state 01 Georgia in tne pioperty comprising cioudiand canyon State parx located in Dade and W a lx e r counties, ai may '2?Zc£2?S advisable witn tne end of clear¬ ing title to said property so that tne state may nave a good and mercnantaoie title to tne same. APPROVED this 11 day of October, iyo7. MARVIN GRIFFIN, GOVERNOR B. E. THRASHER, JR., AUDITOR EUGENE COOK, ATTORNEY GENERAL ORDER OF COURT The foregoing petition being presented, read and considered, xT IS ORDERED that John W. Murphy, Tax Commissioner of Dade County, and W. C. Kemp, Tax Collector of Walker County, Georgia, be made parties and served as provided by law. leU IfaU thp othe? persons how’ing liens or having or claiming any interest in said property, show cause before me_ atjny office at Georgia, at 10:00 o clock, A. ^4., on the 9th day of December, 1957, setting up their claims as to the value of the property in said petition sought to be con- demned and their interest there-• in, and any other matters material to their res pec tive, rights, and further show cause j why said property should not be condemned in accordance with the statutes in such cases made and provided, and appointed why assess¬ ors should not be as provided by law for the ascer¬ tainment of the compensation and damages to be paid. IT IS FURTHER ORDERED that defendants in said proceed¬ ing, as well as the tax commis¬ sioner and tax collector of said Counties, be served with a copy of this petition and this Order as provided by law, unless such service be waived in writing;! and that service be perfected as provided by law upon all persons or classes of persons named or described i n said petition as having an interest in or claim against said property. This 16th day of October, 1957. John W. Davis JUDGE, DADE SUPERIOR COURT STATE OF GEORGIA vs. 1535.7 acres of land in Dade Co., 163.33 acres of land in Walker Co., & Kenneth MXennan, et al. ! Some history on Sulphur Springs road. { Ed Note:—The following letter of was written to the Ordinary ? ade Cmnt ? and >**»«*> “ f“* balns s ° much historical data a copy was sent to the Dade Coun- ty Times. In talking to Ordinary Peck ab °ut the road abandon ed, he says this is not true. The County will continue tc maintain the road to the best of their ability in proportion to its usage (there are many days the road is not used except by the mail man) and it will be kept in as (good shape as it is now.) Head River, Ga. Nov. 14, 1957 To the Hon. A. W. Peck Ordinary of Dade County Trenton, Ga. Dear Mr. Peck: Just after the completion o the A. G. S. railroad shortly after the Civil War ended, one of the P‘ oneer hitlers of this little mountain community, a Mr. Loavitt, opened a trail down the side of Lookout Mountain lead- t o the station at that tlme < :alled Smith - Georgia Down the succeeding years this trail was known as the Leavitt trail and later the R. R. Station was namet j Sulphur * Springs H 5 in- . wLeaa 01 omitn In 1878, my grandfather, the ] a te peter Forester, born 1828, died J , * 00-7 97 ’ mov f d the Head ^ lver Community. He formerly lived in the Cloverdale section Most of his household goods were either brought up the moun a n side , , . mules , „ on , and horses or on ox carts via the old 3 notch Indian Trai which was about two miles north of the Leavitt 1 Road Working “ T around _ rmmH >»»o 1882, my grand- father # circulated a petition to the Ordinary of that period and got the Leavitt trail declared a pub,k ** d - Then the ■«* P e ° pie living around Head River at that time organized “Road Workings” and by using only hand tools and blasting powder they widened the Leavitt trail into ta passable wagon and bug¬ gy road. Much pick and shovel work was required thereafter to keep this road open and pass able, but the good people did with scarcel ynoa irform this with scarcely no air from ’the county. In 1915, we people here on the Mountain realized that a new era was approaching. The “Horseless Carriage” had made appear an ce around the countryside in the form of a few Ford Matter T's and some Max- viells. Some of them tried to come up the Sulphur Springs Gap roa d. a few made it, more to keep with .., tne ,v"_ we were apace times, we would have to have a better road. It was then that J father, the late James M. Forester who had m oved havp here — SUPERIOR COURT DADE county, in Rem pocket No. 410 NOW COMES plaintiff and condemnor and moves that the petition in the above styled cause be amended as follows: That the following named parties be made parties defen¬ dant to said cause, to-wit: John S. MiCullough, or John S. McCullock, his heirs, devisees and assigns, addresses unknown. Unknown heirs of Ruth Whitt Taylor, addresses unknown. W. H. Smith, his heirs, de v isees and assigns, addresses un- known. New England Improvement and its successors, assigns stockholders, addresses un¬ known. This 8 th day of November, 1957. Eugene Cook Attorney General Charles H. Bruce Assistant Attorney General John C. Scarborough, Attorney Attorneys for Plaintiff PAGE 5 into the house vacated by my grandfather in 1896, started a ubscription list to build a mostly new Sulphur Springs Gap road. $3200.00 was soon raised .and Mr. G. G. Green, Civil Eng- for the old Battelle Co., made the survey free of charge. We bought a small Martin ditcher and terracer that could be pulled by one team and a turning plow or two and work was started on this new survey in the fall of 1915. This was still very slow even with the ditcher or terracer but we plugged away doing much of the work by hand and it took almost two years to complete this new road. It began or left the old road about a half mile from the top of the mountain and followed an entirely new course, thereby eliminating all but one hairpin turn. Hand Labor We maintained this road with hand and team labor for many years until the county bought some road machinery and took over it maintainence. We had it about cherted and most of the muddy places surfaced with rocks beaten up with sledge hammers. In recent years, the Sulphur Springs Gap road has been pretty badly neglected by the county road crews until it has leached a pretty bad state of repair. Now the sad news has reached me that our county road crews are about to abandon this old historic and useful road because it costs too much to maintain it, they say. Now it seems a little unusual for this to be the case in this modern age of earth moving and modern road machinery. It seem to us that one modern earth moving maching can do more road work in a day than a hundred men could do in the 'old days by hand in weeks. We feel this would be a great calamity to our community as well as the folks around Sul¬ phur Springs and Cloverdale if this road is discontinued. As it is we live only a few minutes apart by car and if we had to detour via Valley Head, Ala. it is around 25 miles or more to get to Sulphur Springs from the of only 2Vz miles straight through, via the gap. If we want to get to Rising Fawn, it is only 9 miles from where I live, via Sul¬ phur Springs, and about 27 miles via the Newsom Gap. Another comparison is that I live exactly 29 miles from the city limits of Chattanooga at the Ga.-Tenn. line in St. Elmo. This is the driving distance. Yet to get to good neighbors in the valley around Sulphur Springs and Cloverdale, the driving distance would be around 5 miles fur¬ ther away than to Chattanooga, while the driving distance from where I live is now only 5 miles via the Sulphur Springs Gap 1 oad. Abandoned The irony of the whole thing is that for 75 years our fore¬ fathers and we maintained the Sulphur Springs Gap road using mostly hand tools, blasting powder and teams and wagons. Now in this modern age of earth moving and road building machinery available, we are told that the road is to be abandoned because the road crews find it too hard to keep up. Then too, we are told not many people travel this road. In recent years it has been neglected until it is a little rough for much travel. However, the mail route bring¬ ing mail to our community uses this road and up to now the Post Office Department has not been able to work out any satisfac- (Continued to page 6 )
