CHANCERY COURT NOTICES for the WEEK OF AUGUST 17, 2023

NOTICE OF SUBSTITUTE TRUSTEE’S SALE
STATE OF MISSISSIPPI
COUNTY OF PERRY
WHEREAS, default has occurred in the performance of the covenants, terms and conditions of a Deed of Trust dated March 13, 2002, executed by OLLIE E. DICKINSON and MARY T. DICKINSON conveying certain real property therein described to DEBERA BRIDGES, as Trustee, for CITIFINANCIAL, INC., Original Beneficiary, to secure the indebtedness therein described, as same appears of record in the office of the Chancery Clerk of Perry County, Mississippi filed and recorded March 19, 2002, in Deed Book 167, Page 935; and
WHEREAS, the beneficial interest of said Deed of Trust was transferred and assigned to U.S. Bank Trust National Association, as Trustee of LB-Ranch Series V Trust; and
WHEREAS, Rubin Lublin, LLC has been appointed as Substitute Trustee; and
NOW, THEREFORE, the holder of said Deed of Trust, having requested the undersigned so to do, as Substitute Trustee or his duly appointed agent, by virtue of the power, duty and authority vested and imposed upon said Substitute Trustee shall, on September 14, 2023 within the lawful hours of sale between 11:00AM and 4:00PM at the front door of the Courthouse proceed to sell at public outcry to the highest and best bidder for cash or certified funds ONLY, the following described property situated in Perry County, Mississippi, to wit:
THE FOLLOWING DESCRIBED PROPERTY LYING AND BEING SITUATED IN THE COUNTY OF PERRY, STATE OF MISSISSIPPI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OR PARCEL OF LAND 40 FEET WIDE OFF THE SOUTH SIDE OF LOT FOUR (4), BLOCK FORTY-TWO (42) OF THE RICHTON LUMBER COMPANY`S FIRST ADDITION TO THE TOWN OF RICHTON AS SHOWN BY A PLAT NOW ON FILE IN THE OFFICE OF THE CHANCERY CLERK AT NEW AUGUSTA, PERRY COUNTY, MISSISSIPPI, SAID LOT OR PARCEL OF LAND BEING 40 FEET WIDE NORTH AND SOUTH AND 150 FEET LONG EAST AND WEST; ALSO, THIRTY (30) FEET ON NORTH SIDE OF AVENUE A, TOWN OF RICHTON, MISSISSIPPI, ADJOINING SAID LAND. AVENUE A HAVING BEEN CLOSED ALL THE WAY AS PER ORDINANCE #133 OF THE TOWN OF RICHTON, MISSISSIPPI; TOGETHER WITH ALL IMPROVEMENTS THEREON AND APPURTENANCES THEREUNTO BELONGING.
PROPERTY ADDRESS: The street address of the property is believed to be 305 OAK STREET, RICHTON, MS 39476. In the event of any discrepancy between this street address and the legal description of the property, the legal description shall control.
Title to the above described property is believed to be good, but I will convey only such title as is vested in me as Substitute Trustee.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Rubin Lublin, LLC
428 North Lamar Blvd, Suite 107
Oxford, MS 38655
rlselaw.com/property-listing
Tel: (877) 813-0992
Fax: (470) 508-9401
PUBLISH: 08/17/2023, 08/24/2023, 08/31/2023, 09/07/2023
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IN THE CHANCERY COURT OF PERRY COUNTY, MISSISSIPPI
IN THE MATTER OF THE ESTATE OF FERYL LOUIS FOUNTAIN, DECEASED
CAUSE NO.: 23-00024-CS
NOTICE TO CREDITORS
Letters Testamentary having been granted on the 11th day of August, 2023, by the Chancery Court of Perry County, Mississippi, to the undersigned Executor of the Estate of Feryl Louis Fountain, deceased, notice is hereby given to all persons having claims against said estate to present the same to the clerk of this court for probate and registration according to the law within ninety (90) days from the first publication of this notice or they will be forever barred.
This the 11th day of August, 2023.
FREEDA CAROL FOUNTAIN
Paul David Walley, Jr., Attorney
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IN THE CHANCERY COURT OF PERRY COUNTY, MISSISSIPPI
GARY RUTHERFORD, II AND SHANNON RUTHERFORD, PLAINTIFFS
VS. HERBERT RAY MCDUFFIE AND/OR THE HEIRS-AT-LAW OF HERBERT RAY MCDUFFIE, DEFENDANTS
CAUSE NO. 23-CV-0058-S
SUMMONS BY PUBLICATION
TO: HERBERT RAY MCDUFFIE, and/or the HEIRS-AT-LAW OF HERBERT RAY MCDUFFIE AS WELL AS ANY AND ALL UNKNOWN PERSONS, WHO ARE RESIDENTS OR NON-RESIDENTS OF THE STATE OF MISSISSIPPI, WHOSE NAMES AND ADDRESSES ARE UNKNOWN AND COULD NOT BE ASCERTAINED AFTER DILIGENT SEARCH AND INQUIRY BOTH WITHIN AND WITHOUT THE STATE OF MISSISSIPPI, WHO CLAIM AN INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT CURRENTLY ON FILE IN THIS CAUSE, SAID PROPERTY BEING LOCATED IN PERRY COUNTY, MISSISSIPPI, AND IDENTIFIABLE AS: TAX PARCEL #063-08-007.000 PPIN #1833
You have been made Respondents in the lawsuit filed in this Court by Gary Rutherford, II, and Shannon Rutherford. The Petition filed against you has initiated a civil action in the above-described property in Gary Rutherford, II, and Shannon Rutherford, as fully set out in the Petition and Complaint on file in the Chancery Court of Perry County, Mississippi.
You are required to mail, or hand deliver a written response to the Complaint filed against you in this action to Paul David Walley, Jr., Attorney for Plaintiffs, whose post office address is P.O. Box 183, New Augusta, MS 39462 and whose street address is 102 West Second Street, New Augusta, MS 39462.
YOUR RESPONSE MUST BE MAILED OR DELIVERED NOT LATER THAN THIRTY DAYS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS SUMMONS. IF YOUR RESPONSE IS NOT SO MAILED OR DELIVERED, A JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU FOR THE MONEY OR OTHER RELIEF DEMANDED IN THE COMPLAINT.
You must also file the original of your Response with the Clerk of this Court within a reasonable time afterward.
ISSUED under my hand and seal of said Court, this the 1st day of August 2023.
LARRY A. WILSON
PERRY COUNTY
CHANCERY CLERK
BY: Sunny Guinn, D.C.
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IN THE CHANCERY COURT OF PERRY COUNTY, MISSISSIPPI
DEANA EDISON, PLAINTIFF
V. STELLA P. GARNER, THE HEIRS AT LAW OF STELLA P. GARNER, HEZIKAH MCCORMICK, AND THE HEIRS AT LAW OF HEZIKAH MCCORMICK, AS WELL AS ANY AND ALL OTHER INDIVIDUALS WHO MAY CLAIM AN INTEREST IN THE PROPERTY THAT IS THE SUBJECT OF THIS LITIGATION, DEFENDANTS
CAUSE NO. 23-CV-0054-CS
SUMMONS BY PUBLICATION
TO: HEZIKAH MCCORMICK, THE HEIRS-AT-LAW OF HEZIKAH MCCORMICK AS WELL AS ANY AND ALL UNKNOWN PERSONS, WHO ARE RESIDENTS OR NON-RESIDENTS OF THE STATE OF MISSISSIPPI, WHOSE NAMES AND ADDRESSES ARE UNKNOWN AND COULD NOT BE ASCERTAINED AFTER DILIGENT SEARCH AND INQUIRY BOTH WITHIN AND WITHOUT THE STATE OF MISSISSIPPI, WHO CLAIM AN INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT CURRENTLY ON FILE IN THIS CAUSE, SAID PROPERTY BEING LOCATED IN PERRY COUNTY, MISSISSIPPI, AND IDENTIFIABLE AS:
TAX PARCEL #072-10-016.00
PPIN #2181
You have been made Respondents in the lawsuit filed in this Court by Deana Edison. The Petition filed against you has initiated a civil action in the above-described property in Deana Edison, as fully set out in the Petition and Complaint on file in the Chancery Court of Perry County, Mississippi.
You are required to mail, or hand deliver a written response to the Complaint filed against you in this action to Paul David Walley, Attorney for Plaintiff, whose post office address is P.O. Box 183, New Augusta, MS 39462 and whose street address is 102 West Second Street, New Augusta, MS 39462.
YOUR RESPONSE MUST BE MAILED OR DELIVERED NOT LATER THAN THIRTY DAYS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS SUMMONS. IF YOUR RESPONSE IS NOT SO MAILED OR DELIVERED, A JUDGMENT BY DEFAULT WILL BE ENTERED AGAINST YOU FOR THE MONEY OR OTHER RELIEF DEMANDED IN THE COMPLAINT.
You must also file the original of your Response with the Clerk of this Court within a reasonable time afterward.
ISSUED under my hand and seal of said Court, this the 21st day of July, 2023.
LARRY A. WILSON
PERRY COUNTY CHANCER CLERK
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SUBSTITUTED TRUSTEE’S
NOTICE OF SALE
WHEREAS, on 31st of August, 2017, Ward Farms, LLC executed a Deed of Trust to Jeffrey L. Hall, Trustee for the use and benefit of First Bank, which Deed of Trust is on file and of record in the office of the Chancery Clerk of Perry County, Mississippi, in Deed of Trust Book 268 at Page 530 thereof; and
WHEREAS, the legal holder of the said Deed of Trust and the note secured thereby, substituted Joseph M. Stinson as Trustee therein, as authorized by the terms thereof, by instrument recorded in the office of the aforesaid Chancery Clerk in Book: Sub Trust 3 at Page: 330-331; and
WHEREAS, default having been made in the performance of the conditions and stipulations as set forth by said Deed of Trust, and having been requested by the legal holder of the indebtedness secured and described by said Deed of Trust so to do, notice is hereby given that I, Joseph M. Stinson, Substituted Trustee, by virtue of the authority conferred upon me in said Deed of Trust, will offer for sale and will sell at public sale and outcry to the highest and best bidder for cash, during the legal hours (between the hours of 11 o’clock a.m. and 4 o’clock p.m.), at the front door of the County Courthouse of Perry County, Mississippi, at New Augusta, Mississippi on the 18th day of August, 2023, the following described land and property being the same land and property described in said Deed of Trust, situated in Perry County, State of Mississippi, to-wit:
PARCEL 1:
Section 33: Commencing at the NE corner of the NW ¼ of the SW ¼ of Section 33, Township 4 North, Range 11 West, Perry County, Mississippi, said point being occupied by a concrete monument, proceed S 00°15’17” E 1077.53 feet to an iron pin and the Point of Beginning of the parcel herein described:
From the described point of beginning, proceed S 00°15’21” E 247.33 feet to an iron pin at the SE corner of the NW ¼ of the SW ¼ of Section 33; thence along said South forty line S 89°46’20” W 417.40 feet to an iron pin; thence leaving said forty line N 00°15’34” W 247.28 feet to an iron pin; thence N 89°45’55” E 417.42 feet back to the Point of Beginning. Said parcel contains 2.37 acres +/- and is located in the NW ¼ of the SW ¼ of Section 33, Township 4 North, Range 11 West, Perry County, Mississippi.
PARCEL 2:
Section 33: Commencing at the NE corner of the NW ¼ of the SW ¼ of Section 33, Township 4 North, Range 11 West, Perry County, Mississippi, said point being occupied by a concrete monument, proceed S 00°15’17” E 1077.53 feet to an iron pin; thence S 00°15’21” E 247.33 feet to an iron pin at the SE corner of the NW ¼ of the SW ¼ of Section 33; thence along said South forty line S 89°46’20” W 417.40 feet to an iron pin and the Point of Beginning of the parcel herein described. From the described Point of Beginning, proceed 89°46’20” W 77.15 feet to an iron pin; thence N 17°04’15” E 258.99 feet to an iron pin; thence S 00°15’34” E 247.28 feet back to the Point of Beginning. Said parcel contains 0.22 acres +/- and is located in the NW ¼ of the SW ¼ of Section 33, Township 4 North, Range 11 West, Perry County, Mississippi.
PARCEL 3:
Section 33: A parcel of land is a part of the SW ¼ of SW ¼, Section 33, Township 4 North, Range 11 West, Perry County, Mississippi and more particularly described as beginning at the Northeast corner of the SW ¼ of the SW ¼ of said Section 33 and thence run S 47°46’18” W for 664.49 feet; thence run N 89°44’55” E for 443.99 feet; thence run North 444.43 feet back to the Point of Beginning. Said parcel containing 2.52 acres, more or less, and being referred to as Parcel 7 of unrecorded survey.
AND ALSO:
A parcel of land in the SW ¼ of the SW ¼ of Section 33, Township 4 North, Range 11 West, Perry County, Mississippi, and being more particularly described as beginning at the Northeast corner of the SW ¼ of the SW ¼ of said Section 33, and thence run S 47°46’18” W for 664.49 feet; thence run N 00°15’07” W for 442.40 feet; thence run N 89°30’46” E for 494.00 feet back to the Point of Beginning. Said parcel containing 2.51 acres, more or less, and being referred to as Parcel 6 of unrecorded survey.
PARCEL 4:
Section 4: All that part of the North half (N ½) of the Northeast Quarter (NE ¼) lying West of a county public road in Section 4, Township 3 North, Range 11 West, Perry County, Mississippi, being 3.7 acres, more or less.
PARCEL 5:
Section 4: The N ½ of the NW ¼ of Section 4, Township 3 North, Range 11 West, Perry County, Mississippi, LESS AND EXCEPT those parts heretofore conveyed to prior parties and road right of ways:
LESS AND EXCEPT: Commence at the NW corner of Section 4, Township 3 North, Range 11 West, Perry County, Mississippi, and run North 89°13’24” East for 638.97 feet, more or less, to the East margin line of Indian Springs Paved Public Road; thence run Southeasterly along said margin line for 320.50 feet to the Point of Beginning; thence run North 45°28’14” East for 184.18 feet; thence run South 33°23’19” East for 500 feet; thence run West to the East margin line of Indian Springs Paved Public Road; thence run Northwesterly along said margin line back to the Point of Beginning.
LESS AND EXCEPT: Commence at the NW corner of Section 4, Township 3 North, Range 11 West, Perry County, Mississippi, and run N 89°13’24” E for 638.97 feet to and for the Point of Beginning. From the Point of Beginning continue N 89°13’24” E for 187.29 feet; thence run S 33°23’19” E for 182.80 feet; thence run S 45°28’14” W for 184.18 feet to the East margin line of Indian Springs Paved Public Road; thence run Northwesterly on and along said margin line for 320.50 feet back to the Point of Beginning. Said parcel of land is part of the NW ¼ of NW ¼ of Section 4, Township 3 North, Range 11 West, Perry County, Mississippi and contains 0.96 acres, more or less.
LESS AND EXCEPT: Starting at the South line of Kennedy Memorial Church running West intersects the public road; run West 44 feet across public road; thence run 567 feet in a Southeasterly direction parallel with public road for a Point of Beginning; thence 210 feet West 60° South; thence 210 feet South 60° East; thence 210 feet East 60° North; thence 210 feet North 60° West to the Point of Beginning. The above described property being situated in the NW ¼ of the NW ¼ of Section 4, Township 3 North, Range 11 West, Perry County, Mississippi, containing 1 acre, more or less, in Perry County, Mississippi.
LESS AND EXCEPT: Commence at the NW corner of Section 4, Township 3 North, Range 11 West, Perry County, Mississippi, and run South for 855.39 feet; thence run East 756.65 feet to a ½” rebar and the Point of Beginning; thence run North 65°54’41” E for 195.48 feet to a ½” rebar and the Westerly right of way line of Memorial Church Paved Public Road; thence run South 24°05’19” East along said right of way line for 222.84 feet to a ½” rebar; thence run South 65°54’41” West for 195.48 feet to a ½” rebar; thence run North 24°05’19” West for 222.84 feet back to the Point of Beginning; said parcel of land is part of the W ¼ of the NW ¼ of Section 4, Township 3 North, Range 11 West, Perry County, Mississippi, containing one acre, more or less; together with all improvements thereon and appurtenances thereunto belonging.
LESS AND EXCEPT: Commence at a bolt at the NW corner of Section 4, Township 3 North, Range 11 West, Perry County, Mississippi, and run North 89°13’24” East for 826.26 feet to a ¾” iron pipe at the Point of Beginning. From the Point of Beginning run North 89°13’24” East for 300 feet to ½” rebar; thence run South 33°23’19” East for 517.13 feet to a ½” rebar; thence run South 89°13’24” West for 300 feet to a ½” rebar; thence run North 33°23’19” West for 517.13 feet to the Point of Beginning. Said parcel land is part of the N ½ of the NW ¼ of Section 4, Township 3 North, Range 11 West, Perry County, Mississippi and contains 3 acres, more or less.
LESS AND EXCEPT: All that part of the NE ¼ of the NW ¼ of Section 4, Township 3 North, Range 11 West, Perry County, Mississippi lying East of the Buford Gillis Road in the SE corner of said NE ¼ of NW ¼ and being situated in Section 4, Township 3 North, Range 11 West, Perry County, Mississippi.
AND ALSO LESS AND EXCEPT: All that part conveyed by previous deeds to Kennedy Memorial Baptist Church.
ALSO LESS AND EXCEPT: All that part for Indian Springs Road.
PARCEL 6:
Section 33: The Southeast Quarter of the Southwest Quarter of Section 33, Township 4 North, Range 11 West, Perry County, Mississippi.
PARCEL 7:
Section 33: Commencing at the SW corner of the SE ¼ of Section 33, Township 4 North, Range 11 West, Perry County, Mississippi, said point being occupied by a 1- ½” diameter iron axle, said point also being the Point of Beginning of the parcel herein described.
From the described Point of Beginning, proceed N 89°59’14” E 502.81 feet to an iron pin on the Western right-of-way boundary of Buford Gillis Road (40 feet total right-of-way width); thence along said Western right-of-way boundary as follows: N 31°05’14”E 282.28 feet; thence N 26°09’45” E 202.81 feet; thence N 26°29’58” E 276.05 feet; thence N 29°24’46” E 317.27 feet; thence N 24°57’08” E 92.20 feet; thence N 18°20’00” E 93.88 feet; thence N 08°15’19” E 71.93 feet; thence N 05°01’51” W 69.54 feet; thence N 06°09’07” W 316.12 feet; thence N 03°36’00” W 197.15 feet; thence N 03°54’42” W 190.52 feet; thence N 04°43’11” E 93.80 feet; thence N 20°36’39” E 62.36 feet; thence N 28°03’10” E 147.11 feet; thence N 12°40’20” E 123.14 feet; thence N 03°12’13” E 140.96 feet; thence N 00°25’46” W 129.75 feet to the North line of the South ½ of Section 33; thence leaving said Western right-of-way boundary along said North half Section boundary S 89°56’30” W 2505.32 to a concrete monument at the NW corner of the NE ¼ of the SW ¼ of Section 33; thence leaving said North half Section boundary S 00°15’17” E 1324.86 feet along the Western boundary of the NE ¼ of the SW ¼ of Section 33 to an iron pin at the SW corner of the NE ¼ of the SW ¼; thence leaving said Western boundary N 89°42’01” E 1332.88 feet along the Southern boundary of the said Quarter to a concrete monument at the SW corner of NE ¼ of the SW ¼; thence leaving said Southern boundary S 00°08’58” E 1313.49 feet along the Western boundary of the SW ¼ of the SE ¼ back to the Point of Beginning.
Said parcel contains 99.23 acres +/- and is located part in the SW ¼ of the SE ¼ and part in the NW ¼ of the SE ¼, part in the NE ¼ of the SW ¼ and all in Section 33, Township 4 North, Range 11 West, Perry County, Mississippi.
Title to the above described property is believed to be good, but I will convey only such title as is vested in me as Substituted Trustee.
WITNESS my signature, on this the 13TH day of July, 2023.
/S/: Joseph M. Stinson Joseph M. Stinson,
Substituted Trustee
This instrument prepared by:
JOSEPH M. STINSON,
M.B. #7925
P. O. DRAWER 408
1108 BEULAH AVENUE
TYLERTOWN, MISSISSIPPI 39667
Telephone (601) 876-5121
Fax (601) 876-5882
Email joe@stinsonlaw.net
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