Source: September 8, 2015 Read More →

Civil Action 15 C 27

IN THE CIRCUIT COURT OF CLAY COUNTY,
WEST Virginia
TRINA MORTON, SANDRA EDWARDS,
RICHARD TRIPLETT, KIM LYONS,
DALE NOTTINGHAM, JOHN J. NOTTINGHAM,
RONNIE NOTTINGHAM, and
DAVID NOTTINGHAM,
Plaintiff,
vs.                Civil Action No. 15-C-27
CARL M. NEAL, ERICA G. NEAL,
THOMAS LYONS, MAXINE DRAKE,
CLARENCE LYONS, DOLPH LYONS,
EDWARD LYONS, THERL LYONS,
GERTIE MURPHY, MAMIE KOCH,
PAULINE KOCH, EDWARD KOCH, and
the Heirs, Devisees, Successors and Assigns
of any and all said persons who are
deceased, who are made Defendants hereto by
the general description unknown DEFENDANTS,
Defendants.
ORDER Of Publication
The objects of the above-entitled action are as follows:
1. That the Court determine and adjudicate that plaintiffs hold the full and complete title, legal and equitable, in fee simple, as tenants in common in equal undivided interests, in that certain 0.69-acre parcel of real estate hereinbelow described.
2. That the Court adjudicate and order that a certain quitclaim deed from Thomas Lyons, Sr., to defendants Carl M. Neal and Erica G. Neal, of date February 18, 2011, of record in Office of the Clerk of the County Commission of Clay County, West Virginia, in Deed Book No. 207, at page 877, and a certain tax deed from Connie Workman, Clerk of said Commission, to Erica Neal, of date April 1, 2015, of record in the aforesaid Clerk’s office in Deed Book No, 214, at page 42, be removed as cloud on plaintiffs’ title to said land;
3. That any and all claims that may now or hereafter be made for any reason to title to said 0.69-acre parcel of land by defendants Neal or by any of the other parties defendant hereto be removed as cloud on plaintiffs’ title;
4. That each and all of the parties defendant hereto be restrained and enjoined, temporarily pending this action and permanently thereafter, from coming on said land or in any manner affecting or interfering with the plaintiffs’ title and right to possession and peaceable enjoyment of their said parcel of land;
5. That plaintiffs may have their costs in this behalf expended, including a reasonable attorney fee; and
6. That plaintiffs may have such further relief, general and special, as the nature of the cause may require.
7. The said 0.69-acre parcel of real estate is situate ob the wagers of Big Sycamore Creek in Pleasant District, Clay County, West Virginia, being a lot adjacent to Lot 18 as shown in the Subdivision Plat of Indore Acres, surveyed by Brackenrich & Skidmore, Inc., Surveyors, in or about October 1979, and of record in the aforesaid Clerk’s office in Plat Book No. 2, at page 97, and which lot adjacent to said Lot 18 is more particularly described as follows:
Beginning at a corner to said Lot 18; thence S. 44° 42’
24” W. 214.98 feet; thence S. 56 W. 07’ 46” W. 61.46
feet; S. 46° 51’ 14” W. 128.07 feet; thence S. 33 ° 26’ 04”
W. 370.27 feet; thence N. 29° 35’ 32” E. 178.13 feet; N.
32° 31’ 21” E. 176.35 feet; N. 37° 37’ 57” E. 158.64 feet;
thence N. 33 ° 07’ 40” E. 91.19 feet; thence N. 5° 44’ 23”
E. 51.86 feet; N. 19’ 37’ 44” W. 139.40 feet; thence N. 56’
31’ 35” W. 228.75 feet to the place of beginning, containing
0.69 acre, more or less.
It is therefore ORDERED that each of them do appear and serve upon Orton A. Jones, plaintiffs’ attorney, whose address is 216 Market Street, Suite 201, P.O. Box 7, Spencer, West Virginia 25276, an Answer or other defense to the Complaint filed in this action on or before September 8, 2015, otherwise judgment by default will be taken against them at any time thereafter.
A copy of said Complaint can be obtained from the undersigned Clerk at his office located in the Courthouse of said Clay County in said county and state.
Entered by the Clerk of said Court on July 22, 2015.