OF RALEIGH COUNTY,
WEST VIRGINIA
JAMES ALBANY CABE
Plaintiff,
V. Civil Action No.
CC-41-2025-C-248
AMY CABE WATESKA:
ALL OF THE UNKNOWN
HEIRS, CREDITORS.
and PERSONAL
REPRESENTATlVES OF
THE ESTATE OF
PAMELA MILAM:
ALL OF THE UNKNOWN
HEIRS, CREDITORS,
and PERSONAL
REPRESENTATIVES
OF THE ESTATE OF
JAMES E. CABE, JR.;
and ANY UNKNOWN
PERSON OR ENTITY
OTHERWlSE CLAIMING
TITLE OR AN INTEREST
TO THE PROPERTY
DESCRIBED HEREIN BY
LAW OR BY EQUITY,
hereinafter collectively
known as the
UNKNOWN DEFENDANTS
Defendants.
ORDER OF PUBLICATION
TO THE ABOVE NAMED
DEFENDANTS:
The object of this action is to PARTITION AND QUlET TITLE to certain real property located in Trap Hill District, Raleigh County, West Virginia, described as follows:
Parcel One:
FIRST TRACT: Being Lots Nos. 2,3,4,5.6,7,8, and 9 of the Jarrell Addition No 2 to Glen Daniel, West Virginia, as shown on a Map and plat thereof, marked "Map of Jarrell Addition #2 to Glen Daniel. West Virginia, Scale 1"-50' P.H. Wilson, Eng. Oct. 13th, 1939, which said map is of record in the office of the Clerk of the County Court of Raleigh County, West Virginia, in Map Book Book NO. 7, at Page 78, to which Map reference is here made for more complete description of said lots and parcels of land, the said lots and parcels of land, having a total acreage of approximately 3.5 acres.
SECOND TRACT: Beginning at a stake on the west line of State Road NO. 65 near the intersection of the old Dingus Road and old road leading to Beckley, W.Va. And with line of road No. 65 to the line of the Old Dingus Road and the line of Biddle Oliver's land as they meander N. 32.W.240 feet to a stake; thence N. 54.W.82 feet to a stake; thence leaving line of the Old Dingus Road and Biddle's line S. 36.30'W 131 feet to a stake on the side of the hill; thence S. 31.E. 191 feet to a stake; thence N. 83.30' E 193 feet to the beginning and containing one acre surface more or less.
THIRD TRACT: Beginning in and with the line of Albany Milam Sr. and James Wilson's division line between lots No. 9 and No. 10 and leaving said line N. 17.02 W 342 feet to a set stone in the division line of Myrtle Callaway Jarrell and W.B. Oliver's division line and division fence between the said Myrtle Callaway Jarrell and W.B. Oliver's S. 69 1/2 E 453 feet to a locust fence post on the bank of the Old Dingus Road Wagon Road and with said road S. 71 E 198 feet to a steel rail in the Old Dingus Road Wagon Road and W.B. Oliver's line and the line of the Board of Education of Raleigh County; thence leaving said road with the line of the Board of Education and Myrtle Callaway Jarrell's division line S 36.30 W 131 feet to a stake on the side of the hill and in the line of Albany Milam's lot No. 5 and Myrtle Callaway Jarrell's division line to lots Nos. 5,6,7,8, and 9 in the Jarrell Addition No. 2. which said lots are not owned by Albany Milam and join this said tract of land thence N. 53.56 W 63.9 feet to Northwest corner of lot No. 6 of the said Albany Milam and Jarrell division line S 85.12 W with the division line of Albany Milam, and Myrtle Callaway Jarrell 217.4 feet to the center of Albany Milam's lot No. 9; thence with the division line of Milam and Myrtle Callaway Jarrell S 73.50 W 105.2 feet to the beginning corner and containing Two and thirty hundredths (2 30/100) acres more or less.
Parcel Two:
TRACT I: First tract or parcel of land being Ten and Twenty-five Hundredths Acres (10.25 Acres) More or Less of those certain lots or parcels of land situate in the Charles Stansbury Subdivision, Trap Hill District, Raleigh County, West Virginia as shown on a Map of said subdivision recorded with a deed from H.A. Stansbury to W.B. Claypool August 21st, 1993, in Deed Book No. 118 at page 303 in Raleigh County. West Virginia Clerk's Office. This being all the lots Nos. 40. 42, 44, 45. 46, 47, 48, and 49, as shown on that said Map, containing 10.25 acres more or less.
TRACT II: Second tract or parcel of land being Lots Nos. 36 and 38, situate in the Charles Stansbury Subdivision, Trap Hill District, Raleigh County. West Virginia. as shown on a Map of said subdivision recorded with a deed from F.A. Stansbury to W.B. Claypool August 21st, 1933 in Deed Book No. 118 at Page 303 in the Raleigh County, West Virginia Clerk's Office.
TRACT III: Third tract or parcel of land situate in the Charles Stansbury Subdivision, Trap Hill District, Raleigh County, West Virginia, as shown on a Map of said subdivision, recorded with a deed from H.A. Stansbury to W.B. Claypool and recorded in the Raleigh County, West Virginia, Clerk's Office in Deed Book No. 118, at Page 303. Said third tract bounded and described as follows:
Beginning at a set stone in the Northern boundary line and in and with the line of the Glen Daniel – Bolt Highway at the South East corner to Lot No. 36 as shown on the said Map of the Charles Stansbury Subdivision, recorded with a deed to W.B. Claypool, on record at Page 303 of Deed Book No. 118 North 21.22 East 693 feet with the line of said Lot No. 36 to another set stone, and continuing North 21.22 East 257.1 feet with the Eastern boundary line of Lot No. 37 South 68.38 West 267.9 feet to another set stone; thence South 37.20 West 719.9 feet to a stake on the Western side of a 25 foot wide street or driveway serving the entrance to the residence of Ella Stansbury; thence South 33.13 West 268.1 feet with said street or driveway to a set stone in the border line and in the line of the Glen Daniel-Bolt Highway; thence North 54.50 West_ feet_ to the beginning, and containing three acres more or less. (3 Acres more or less)
It is further understood and agreed between the parties hereto that if and when H.A. Stansbury wants to extend said driveway mentioned in the description above for the purpose of developing into lots adjacent acreage, this driveway shall be 25 feet in width and its western boundary shall be continuous with the Eastern boundary of the property hereby conveyed.
TRACT IV: Fourth tract or parcel of land located in the Orchard Addition of the Charles Stansbury Subdivision. Glen Daniel, Trap Hill District, Raleigh County, West Virginia, as shown on a Map of said subdivision Marked Orchard Addition of the Charles Stansbury subdivision a copy of which Map is hereto attached and made a part thereof, and being Lot No. 1. LOT NUMBER ONE.
Any person named above or any person who has an interest in this proceeding must appear and defend within thirty (30) days of the first publication of this ORDER; otherwise. a judgment by default will be rendered against any such person at any time thereafter. The name of the plaintiffs attorney is Andrew J. Thomas, whose address is Cipriani & Thomas Law Offices, 634 Charles Street, Wellsburg, WV 26070.
A copy of the complaint may be obtained from the Office of the Raleigh County Circuit Clerk.
/s/Brianne R. Steele
Brianne Steele,
Raleigh County Circuit Clerk
FILED – 9/19/2025 2:10 PM
CC-41-2025-C-248
Raleigh County Circuit Clerk
Brianne Steele