IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
CIVIL ACTION NO. 18-C-122
Honorable Paul M. Blake, Jr.,
Judge
BILLY JO WHITTAKER,
EVELYN QUINN,
DONNA FLAMINO,
SHERRY MOXLEY and
DEREK WAYNE WHITTAKER,
Plaintiffs,
v.
PATRICIA PRUITT GOODSON,
TONIA PRUITT WOOLWINE,
DANNY PRUITT, RANDY PRUITT,
JOEY PRUITT, LARRY PRUITT,
ROCKY PRUITT,
JEREMY KEFFER,
and the unknown
heirs-at-law of
JUANITA HARRAH WHITTAKER
and
PAMELA CAROL PRUITT,
Defendants.
NOTICE OF SALE OF
REAL ESTATE BY
SPECIAL COMMISSIONER
Pursuant to an Order of the Circuit Court of Fayette County, West Virginia, entered on February 6, 2019, in a case styled Whittaker, et als v. Goodson, Civil Action No. 18-C-122, Philip J. Tissue, the undersigned Special Commissioner, will offer for sale at the front door of the Fayette County Courthouse, 100 Court Street, Fayetteville, West Virginia, at Public Auction, to the highest bidder on
MARCH 22, 2019 at 11:00 a.m.
the following described real estate, more particularly bounded and described as follows:
BEGINNING at an iron spike in the center line of a dirt road leading from Lee to W. Va. Route No. 41 and on the northeasterly right of way line of the Garden Ground Branch of the Chesapeake & Ohio Railway Company at 50-feet from the center line of the tract, and being also on the southeasterly boundary line of a certain Parcel No. 1 containing 1.11 acres, granted and conveyed to Blackburn-Patteson Realty Company by the New River Company by deed dated the 28th day of August, 1946, thence with Blackburn-Patteson Realty Company and the center line of the said road N 39-05 E 40.24 feet to an iron spike; thence N 2052 E 35.22 feet to a point in the center line of the said road; thence parallel with a driveway and 20feet northerly from the center line thereof, S 78-44 E 48.26 feet to a set stone; thence N 53-12 E 119.93 feet to a set stone, said stone being N 63-58 E 15.80 feet from a 15-inch red oak; thence S 13-05 E 91.48 feet with the center line of an easement road to a point; thence continuing with the center line of said easement road, S 1-40 W 94.93 feet to a lead plug at the place of junction of said easement road with a driveway inside the lot being described, said junction point being the beginning of a public road leading south-eastwardly to the above mentioned West Virginia Route No. 41; thence with the center line of said public road by four calls as follows: S 24-43 E 41.83 feet to a lead plug; thence S 43-28 E 41.08 feet to a lead plug; thence S 57-02 E 59.49 feet to a 1″ iron bolt driven in the center line of the road; thence S 72-51 E 64.68 feet to a point, said point being a northwesterly corner to a certain Parcel No. 2 containing 14.17 acres included in the abovementioned deed of conveyance to the said Blackburn-Patteson Realty Company; thence with said Realty Company S 46-36 W 119.48 feet to a point in the center line of a public road; thence N 69-17 W 28.03 feet to a railroad spike driven in the center of the said road; said spike being on the northeasterly boundary line of the Chesapeake & Ohio Railway Company’s Garden Ground Branch; thence leaving the road and with the railroad right of way line, parallel with and 50-feet from the center line of the tract, N 43-18 W 339.05 feet to the beginning, containing 1.02 acres, more or less. And being shown as Parcel 12, Lee upon a map or plat of the same made by The New River Company November 1, 1949, Plan 1383-B marked “MAP SHOWING SURFACE PARCEL AT LEE, WEST VIRGINIA, TO BE DEEDED BY THE NEW RIVER COMPANY TO COALFIELD COAL COMPANY”.
There is, however, reserved from the aforesaid tract the following portion thereof which was conveyed by Bill Whittaker and Juanita Hannah Whittaker, his wife, to Roger Dalton by deed dated January 18, 1974, and recorded in the aforesaid Clerk’s Office in Deed Book 320, at page 411, to-wit:
BEGINNING at a stake near the Mill Creek Road and Carter property; thence leaving said stake and running with said Carter property S 78deg. 44′ E 48.26 feet to a set stone; thence leaving said set stone and running N 53deg. 12′ E 119.93 feet to a set stone; thence leaving said set stone and running S 13deg. 05′ E 91.48 feet to a set stone; thence leaving said set stone and running S 53deg. 12′ W 100 feet to a stake; thence leaving said stake and running 90 feet to the point of beginning.
The above described real estate will be sold by the undersigned Special Commissioner by auction to the highest bidder.
Terms of the sale are cash or certified funds in hand from the highest bidder at the time of sale or by 3:00 p.m. on the day of sale at the office of the Special Commissioner, Philip J. Tissue, 303 Jones Avenue, Oak Hill, West Virginia.
The undersigned Special Commissioner reserves the right to continue such sale or to reschedule the same by posting on the front door of said Courthouse a Notice of such continuance and new date and time and posting an additional Notice thereof in the hallway of the Fayette County Courthouse.
Said real estate will be sold “As Is” without any warranty by said Special Commissioner as to the title to this property and without any warranty as to the mechanical, electrical, plumbing and structural components of the premises and without any warranties or representations as to the contamination or lack of contamination to the surface, substrata, or the premises of hazardous substances and/or petroleum and related by-products, hydrocarbons, radon, asbestos, urea formaldehyde and polychlorinated biphenyl compounds.
The Special Commissioner shall be under no duty to cause any existing tenant or person occupying the subject property to vacate said property.
This sale is made and accepted subject to all validly continuing reservations, restrictions, covenants, conditions rights-of-way and easements made or contained in all prior deeds in the chain of title to the real estate herein conveyed.
Said real estate will be sold subject to any and all taxes, assessments and liens for taxes, if any.
The subject property is situate in New Haven District, Fayette County, West Virginia and is listed on the land books of Fayette County in said district in the name of Juanita Whittaker on Tax Map 53S, Parcel 0005.
THIS SALE IS SUBJECT TO THE APPROVAL AND CONFIRMATION OF THE COURT
Directions to such real estate and information relating thereto may be obtained by contacting the Special Commissioner at (304) 469-4431.
Philip J. Tissue
(West Virginia Bar ID #3769)
SPECIAL COMMISSIONER
303 Jones Avenue
Oak Hill, WV 25901
(304) 469-4431
CLERK’S CERTIFICATE
I, Cathy L. Jarrett, Clerk of the Circuit Court of Fayette County, West Virginia, hereby do certify that bond has been waived by Order of the Court.
Given under my hand, this 21st day of February, 2019.
CATHY L. JARRETT
Circuit Clerk of
Fayette County, West Virginia
3-11-MON-3-RH; LG 215459
ID: 215459