Jervis Heirs Adverse Possession Complaint, Circuit Court, Jan 15, 2026

ORDER OF PUBLICATION

NOTICE OF FILING OF ADVERSE POSSESSION COMPLAINT

TO: the unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis as to title to a part of a certain private road in Red Sulphur District, Monroe County, WV, sometimes known as the “Workman Road” but now identified as “Meadowview Lane,”

1. YOU ARE HEREBY NOTIFIED that an Adverse Possession Complaint naming you as Defendants has been filed in the Circuit Court of Monroe County, West Virginia.
2. The title of the action is:

In The Circuit Court Of Monroe County, West Virginia

Civil Action No: CC-32-2026-C-1

Judge: Hon. Amy L. Mann

Dina A. Wood, Ms.,     Plaintiff

the unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis as to title to a part of a certain private road in Red Sulphur District, Monroe County, WV, sometimes known as the “Workman Road” but now identified as “Meadowview Lane,”      Defendants.

3. Plaintiff Dina A. Wood (“Plaintiff”) is the owner in fee simple and occupant of a tract of land in Red Sulphur District of Monroe County which is identified as Parcel 32-03-0028-0017-000 on Red Sulphur District Tax Map 28, which tract is hereinafter referred to as “Parcel 17.”
4. The Defendant unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis are the unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis, both now deceased, as to title by deed to a part of a certain private road in Red Sulphur District, Monroe County, WV, sometimes known as the “Workman Road” now identified as “Meadowview Lane,” but currently identified by sign as “Meadow View Lane.”
5. Meadowview Lane is a private road extending north from Rich Creek Valley Road (SR 219/23).
6. The part of Meadowview Lane subject to the Complaint filed in this suit is that between Rich Creek Valley Road (SR 219/23) and the southern boundary of Parcel 17, as the said boundary is described in a deed dated June 26, 1987, of record in the Office of the Clerk of the County Commission of Monroe County in Deed Book 179 at Page 723, which part of Meadowview Lane subject to the Complaint is identified in the Complaint as “Meadowview Lane – South.”
7. The object of this suit is for the Plaintiff to take by adverse possession the title of Defendant unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis to Meadowview Lane – South.
8. By its reservation from operation of a deed dated August 5, 1925, of record in the Office of the Clerk of the County Commission of Monroe County in Deed Book 59 at Page 176 title to a certain “. . . roadway leading from the rich Creek road to Workmans farm” was thereby retained in Benjamin Franklin Jervis and Mary “Mollie” Elizabeth Jervis by a February 4, 1911, deed of record in the Office of the Clerk of the County Commission of Monroe County in Deed Book 44 at Page 244.
9. The said Benjamin Franklin Jervis having died on June 4, 1946, and the said Mary “Mollie” Elizabeth Jervis having died on March 1, 1967; title by deed to that said “. . . roadway leading from the rich Creek road to Workmans farm” is now held by the Defendant unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis.
10. By the said Complaint Plaintiff requests and prays that the Court conclude, find, decree, order, and rule that the current Meadowview Lane – South is in the same location and of the same width as that “. . . roadway leading from the rich Creek road to Workmans farm”reserved to Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis by the provisions of the said deed dated August 5, 1925, of record in the Office of the Clerk of the County Commission of Monroe County in Deed Book 59 at Page 176, with the Defendant unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis therefore now holding title by deed to the said current Meadowview Lane – South by that said February 4, 1911, deed of record in the Office of the Clerk of the County Commission of Monroe County in Deed Book 44 at Page 244..
11. By the said Complaint the Plaintiff further requests and prays that the Court conclude, find, decree, order, and rule that the Plaintiff take by adverse possession the title of Defendant unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis to Meadowview Lane – South, it being in the same location and of the same width as that “. . . roadway leading from the rich Creek road to Workmans farm” reserved by the provisions of the said deed dated August 5, 1925, of record in the Office of the Clerk of the County Commission of Monroe County in Deed Book 59 at Page 176.
12. By the said Complaint the Plaintiff further requests and prays that the Court conclude, find, decree, order, and rule that by adverse possession title to Meadowview Lane – South be vested in the Plaintiff exclusively, clear and free of all claim, estate, interest, right, and title of the Defendant unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis.
13. By the said Complaint the Plaintiff further requests and prays that the Court appoint a Commissioner to prepare and execute a Special Warranty Deed describing Meadowview Lane – South by a survey description prepared by a Professional Surveyor and by that deed the said Commissioner convey all claim, estate, interest, right, and title of Defendant unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis to that said part of Meadowview Lane, that being the part between Rich Creek Valley Road (SR 219/23) and the southern boundary of Parcel 17, to Plaintiff.
14. By the said Complaint the Plaintiff further requests and prays that the Court grant her such other and further relief as the Court deems just and proper.

TO THE ABOVE-NAMED DEFENDANTS

It has been represented by affidavit filed with the Court by the Plaintiff, by counsel,

1. that Benjamin Franklin Jervis died on June 4, 1946;
2. that Mary “Mollie” Elizabeth Jervis died on March 1, 1967;
3. that the Plaintiff , by counsel, has used due diligence in ascertaining the identity, residence or whereabouts of the Defendant unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis, without effect;
4. that there are persons other than Benjamin Franklin Jervis and Mary “Mollie” Elizabeth Jervis named in the Complaint, both of whom are deceased, interested in the subject matter of the action whose names are unknown to the Plaintiff and who are made Defendants by the general description of

the unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis as to title to a part of a certain private road in Red Sulphur District, Monroe County, WV, sometimes known as the “Workman Road” but now identified as “Meadowview Lane;” and,

1. that one or more of the Defendant unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis may be nonresident of the State for whom no agent or appointed or statutory attorney-in-fact is found in the State uponwhom service may be had.

It is therefore ORDERED that the said Defendant unknown heirs of Benjamin Franklin Jervis and/or Mary “Mollie” Elizabeth Jervis serve upon counsel for the Plaintiff, who is James W. McNeely, Attorney At Law, P.O. Box 667, Peterstown, WV 24963, an answer, including any related counterclaim or defense you may have to the Complaint filed in this action, on or before the 26^th day of February, 2026.
If you fail to do so by that date, judgement by default may be rendered against you at any time thereafter for the relief prayed for and requested by Plaintiff in the Complaint.

A copy of the said Complaint can be obtained from the undersigned Circuit Clerk of Monroe County at the Office of the Circuit Clerk located in the Monroe County Courthouse, Union, West Virginia, in said County and State.

ENTERED by the Clerk of the Circuit Court of Monroe County this  7^th  day of January, 2026.

Daniel Tickle, Circuit Clerk

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