ORDER OF PUBLICATION
IN THE CIRCUIT COURT OF
FAYETTE COUNTY,
WEST VIRGINIA
CIVIL ACTION NO. 23-C-8
JUDITH HSU,
Plaintiff,
v.
DAVID C. O’DELL, his heirs and assigns,
Defendant.
THE OBJECT OF THE ABOVE
TITLED ACTION IS TO
PARTITION FOR SALE CERTAIN PROPERTY SITUATE IN NEW HAVEN DISTRICT, FAYETTE COUNTY, WEST VIRGINIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
At a stake on the original Huddleston line, and in the middle of the public road leading from Sanger Post Office to Oak Hill which is now being opened and completed under order of Court, it being the corner of the J.F. Wykle tract of land, thence S 77o 30′ W to two sourwoods (poplar pointer) by branch on the original Huddleston line, thence S 19o 40′ W 720 feet to a white oak and fallen birch by a branch, thence S 51o E 640 feet to a chestnut at corner of fence (formerly a corner to Hurt on Huddleston line), thence with the Huddleston division line N 60o 40′ E to a stake in the middle of the said public road leading from Sanger Post Office to Oak Hill, and being a corner of the J.F. Wykle tract, thence with said road in the middle of said road to the beginning, containing ,more or less; but it expressly agreed and understood between the parties hereto that this is a sale in gross, and not by the acre; but there is expressly reserved from the operation of this conveyance a right of way, now under fence, leading from the said public road to a shaft belonging to the Harvey Coal & Coke Company, a corporation, the said right of way so reserved being for the benefit of the said corporation.
To the Above Named Defendant:
It appearing by affidavit filed in this action that the above named defendant is either a non-resident of the State of West Virginia or their address is unknown, it is hereby ordered that the above named defendant serve upon Philip J. Tissue, plaintiffs attorney, whose address is 303 Jones Avenue, Oak Hill, West Virginia, 25901, an Answer, or other defense filed in this action on or before 20 days from the date of the last publication of this Order, otherwise judgment by default will be taken against them at any time thereafter.
A copy of said Petition can be obtained from the undersigned Clerk at his office.
Entered by the Clerk of said Court April 18, 2023.
Travis Prince
Clerk Of Court
E-FILED | 4/18/2023 1:33 PM
CC-10-2023-C-8