Fayette

NOTICE OF SALE AT PUBLIC AUCTION

NOTICE OF SALE AT PUBLIC AUCTION Take Notice that by virtue of an Order of the Circuit Court of Fayette County, West Virginia, entered on January 13, 2015, and by virtue of the authority vested in the undersigned Special Commissioner, Frederick A. Jesser, III, the undersigned Special Commissioner will on Friday, April 24, 2015, at 10:00 a.m. sell to the highest bidder at Public Auction at the front steps of the Fayette County Courthouse, Fayetteville, West Virginia, the real estate, situate in Plateau, Fayette County, West Virginia, with any appurtenances thereunto appertaining as follows: BEGINNING at a gum corner to Perkins Tract and on upper side of road; thence North 50 east 28 poles to two maples near branch corner to same and to Henry Toney, thence with Henry Toney North 36 West 150 poles to a hickory on ridge corner X to Henry Toney and Fred Kesler, thence with Kesler South 66 30′ West 24 poles to a sugar tree, south 22 West 40 poles to a poplar and white oak, corner to Kesler and Mossy Coal and Land Company and thence with said Mossy Coal and Land Company south 1 15′ east 630 feet to a gum corner to same, south 4 45′ west 625 feet to a chestnut oak on ridge, corner to Mossy Coal and Land Company and Elizabeth Toney thence with latter south 53 east 1283 feet to a black jet sapling corner to Sam Bragg, thence with North 5 west 144 feet to an old stump, thence continuing with said Bragg south 59 30′ east 280 feet to a stone on upper said or road, thence with said road south 44 west 139 feet to a stone corner to same and Elizabeth Toney, thence with latter south 53 east 613 feet to a set stone corner to same and others, thence north 38 15′ east 110 feet, to a red oak stump and maple pointer, north 12 45′ east 333 feet to a gum corner to same and Perkins tract, north 53 west 409 feet to a set stone, north 52 30′ east 447 feet to a stake at branch, thence north 60 west 275 feet to the beginning containing 85.87 acres and being all the tract conveyed to Martha Smith by William Toney and wife by deed dated 11, day of February 1890 and recorded in Deed Book 20 at Page 295. There are excepted and not conveyed from the aforesaid the following to-wit: 1. That certain .8 Acre tract conveyed unto Lewis Adkins dated August 31, 1918, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 46 at Page 456. 2. That certain 3/10 of an acre conveyed to Homer Coleman, Trustee, for a family cemetery dated August 18, 1937, and recorded in the aforesaid Clerk’s Office in Deed Book 87, at Page 492. 3. That certain 5.5 acre tract conveyed to H.M. Coleman, dated March 5, 1938, and recorded in the aforesaid Clerk’s Office in Deed Book 88, at Page 126. 4. That certain 11.7 acre tract conveyed to Stella E. Lively, dated April 12, 1941, and recorded in the aforesaid Clerk’s Office in Deed Book 97, at Page 482. 5. That certain 8 acre tract conveyed unto Vala Fisher, et vir, dated April 22, 1941, and recorded in the aforesaid Clerk’s Office in Deed Book 97, at Page 525. 6. That certain 2.5 acre tract conveyed unto Vala Fisher, et vir, dated February 18, 1939, and recorded in the aforesaid Clerk’s Office in Deed Book 97, at Page 526. 7. That certain 13 acre tract conveyed unto Homer C. Coleman and Charles Coleman dated April 12, 1941, and recorded in the aforesaid Clerk’s Office in Deed Book 99, at Page 56. And being the same property conveyed unto C.C. Coleman (aka Charles C. Coleman) by deed of Martha Smith, et vir, dated December 11, 1911, and recorded in the Office of the Clerk of the County Commission of Fayette County, West Virginia, in Deed Book 37, at Page 28. Pursuant to all of the above your petitioner believes and so alleges that the ownership in the above described real estate is owned by the following branches of the C.C. Coleman family by the fractions set forth: 1. Roma Lively: A two-eighths (2/8) undivided interest plus the undivided interest of Carlos Coleman (son of Henry M. Coleman) 2. The heirs, devisees and assigns of Charles J. Coleman: A one-eighth (1/8) undivided interest. 3. The heirs, devisees and assigns of Everett S. Coleman: A one-eighth (1/8) undivided interest. 4. The heirs, devisees and assigns of Hallie M. Coleman Taylor: A one-eighth undivided interest. 5. The heirs, devisees and assigns of Henry M. Coleman: A one-eighth (1/8) undivided interest less the undivided interest of Carlos Coleman. 6. The heirs, devisees and assigns of Minnie M. Coleman Fitzpatrick: A one-eighth (1/8) undivided interest. 7. The heirs, devisees and assigns of Vala C. Fisher: A one-eighth (1/8) undivided interest. TERMS OF SALE: Cash in hand on day of sale. FREDERICK A. JESSER, III SPECIAL COMMISSIONER 4-16-THR-3-FT; LG 164