Clay

Case No 15 C

IN THE CIRCUIT COURT OF CLAY COUNTY,
WEST VIRGINIA
WILLIAM DAVID RAMSEY,
Plaintiff,
and                Case No. 15-C-
EUGENE BROWN, and
TOM NAYLORS HEIRS,
Defendants.
COMPLAINT
1. That the above-named defendants, Eugene Brown and Tom Naylor heirs are the owners along with the plaintiff, of a tract of land consisting of 16-3/4 acres located in Pleasant District, Clay County, West Virginia. Said tract of land having been inherited by the Tom Naylor heirs, and having been conveyed to the said William Ramsey and Eugene Brown by deed properly recorded in the Office of the Clerk of the County Commission of Clay County, West Virginia in Deed Book 124, at Page 499.
2. That the aforementioned deed created a joint tenancy between the said William Ramsey and Eugene Brown. Their interest consisting of what is believed to be 19/24 undivided interest in said tract. However, by a straw party recorded in Deed Book 201, at Page 670 in said Clerk’s Office, the joint tenancy was converted to Tenants in Common. The said Tom Naylor heirs are believed to be the owners of 5/24 interest in said tract.
3. That the aforementioned 16-3/4 acres are situated in Pleasant District, Clay County, West Virginia and further bounded and described as follows:
Beginning at a white oak where formerly stood a dogwood, corner to Columbus Woods and thence with his line S. 58 E., 610 feet to a stake on the bank of Big Sycamore Creek 16 1/2 feet above where a buckeye stood; thence up the creek with the meanders thereof S. 45 W., 140 feet; thence S. 51 1/2 W., 69 feet; thence S. 63 1/2 W., 106 feet; thence S. 46 1/2 W., 140 feet; thence S. 40 W., 256 feet; thence S. 45 W., 254 feet; thence S. 54 W., 324 feet; thence S. 23 W., 296 feet; thence S. 19 W., 148 feet to a stake on the bank of Big Sycamore Creek; thence across the whole tract S. 48 1/2 W., 420 feet, passing an apple tree in the bottom which is a center line tree, to a stake on the outside line of whole tract; thence with said outside line N. 36 1/2 E., 1635 feet to the place of beginning containing Sixteen and three-fourths acres (16 3/4), more or less, together with a right of way (easement of way) for a road for general purposes up and along said Big Sycamore Creek, through Lot N. 2, to the State of Public Road.
4. The following Defendants are Residents of the State of West Virginia and have addresses as follows:
(a) Eugene Brown, Indore, WV
(b) Tom Naylor heirs, address unknown
5. That the Plaintiff and Defendants herein have come into conflict with regard to the use and ownership of the aforementioned 16 3/4 acres. That the Plaintiff no longer desires to share ownership of the said 16 3/4 acres with the Defendants. That the said Eugene Brown is not willing to sell his interest in the property to the Plaintiff for a fair market value, nor is the said Eugene Brown willing to buy the interest in the property from the Plaintiff at a fair market value.
6. That because of the terrain of the land, coupled with improvements upon the land, the real estate is not susceptible to being partitioned in kind and the property cannot be sold through an ordinary deed of conveyance. Your Plaintiff further says that the property is valuable.
PRAYER
WHEREFORE, your Plaintiff prays that the Defendants be party Defendants hereto and the proper process may issue against all Defendants; that the real estate be Ordered sold and the proceeds be divided, after payment of costs, including attorney’s fees, among said Plaintiff and Defendants, according to their respective interests, and that Plaintiff be reimbursed for same before said proceeds are disbursed and such further and general relief be granted to the Plaintiff as the court shall deem necessary.
Plaintiffs, By Counsel
Jeffery A. Davis
Jeffery A. Davis
Attorney at Law
State Bar Number 6247
Post Office Box 145
Wallback, West Virginia 25285
304-587-2209
NOTICE: To the Tom Naylor Heirs:
Verified Answer to the above Complaint should be filed with the Clay County Circuit Clerk’s Office and served by First Class Mail upon Jeffery A. Davis, Attorney, at the above address.