IN THE CIRCUIT COURT OF TYLER COUNTY,
WEST VIRGINIA
JB EXPLORATION I, LLC , a West
Virginia Limited Liability Company,
Individually, and in Fiduciary
Relationship with its Lessors,
MEG A. JOHNSON and MARIE
KRAMER,
Civil Action No. 24-C-1
Plaintiffs, Hon. Jeffrey Cramer, Judge
-vs-
RICKY LEE BIGGS, ZOE A. DALTON, GARY DAVID
CLINTON, KAREN L. MCINTYRE, CHAD W.
JOHNSON, RIDGETOP ROYALTIES, LLC, TRIBUNE
RESOURCES MINERALS, LLC, RONALD W. ASTON,
SHARON GRIFFETH, ROBERT MARK HUFFMAN,
NICHOLAS SCOTT BIGGS, JULIA DOAK KING,
JANNET S. DOAK, TENMILE LAND, LLC and the
remaining unknown heirs, devisees, successors,
assigns and/or creditors of any of the above and all
other unknown persons or defendants, who own or
claim to own an interest in and to the oil and gas within
and underlying that certain tract or parcel of real estate
situated on the waters of Grass Spring Run of Indian
Creek, McElroy District, Tyler County, West Virginia,
said to contain 54 acres, more or less,
Defendants.
ORDER OF PUBLICATION
To: The above-named Defendants, their unknown heirs,
devisees, successors and/or assigns, if any.
The object of the above-entitled action (as set forth in
the Amended Complaint) is to quiet title and to require
the allotment/partition sale of the oil and gas underlying
that certain tract or parcel of land containing 54 acres,
more or less, located in McElroy District, Tyler County,
West Virginia, being hereinafter further described
(“Subject Oil and Gas Property”), pursuant to West
Virginia Code §37-4-1 et seq . Plaintiffs seek to have
that portion of the Subject Oil and Gas Property of which
neither Plaintiff, JB Exploration I, LLC, nor Tribune
Resources, LLC has been (or is) unable to lease sold at
judicial sale, to the highest bidder, by a Special
Commissioner appointed by this Court, and to have the
Special Commissioner pay those (JB Exploration I, LLC
and/or Tribune Resources, LLC) un-leased Defendants
such sums of money as their undivided interest in the
Subject Oil and Gas Property may entitle them. In the
alternative, the action seeks the appointment of a
Special Commissioner for the sale, execution and
delivery of a lease of Defendants’ interests in and to the
oil and gas underlying the Subject Oil and Gas Property
pursuant to West Virginia Code §55-12A-1 et seq .:
Situated on the waters of Grass Spring Run of Indian
Creek, McElroy District, in the County of Tyler, State of
West Virginia, being further described as follows:
Beginning at a stone at the forks of said run below F. M.
Baker’s; Thence up said run with the several meanders
and bearings thereon S. 61 W. 16 poles to a stone;
Thence N. 84 W. 10 1/4 poles to a stone; Thence S. 89
1/2 W. 20 poles to a small forked beech; Thence N. 55
3/4 W. 54 poles to a chestnut oak in the original line;
Thence N. 36 poles to a chestnut oak; Thence N. 15 E.
88 poles to a White Oak; Thence S. 45 E. 53 poles to a
stone at the run, Thence with the several meanders
thereof, of said run to the place of beginning and
containing 54 acres be the same more or less.
Further being all of the oil, gas and minerals underlying
the aforedescribed tract of land as shown on the tax
maps for Tyler County, McElroy District as Tax Map No.
7, Parcel 42.
It appearing by affidavit filed in this action that the
whereabouts of some or all of the above named
Defendants, and their unknown heirs, devisees,
successors or assigns, if any, are unknown and/or that
such individuals or entities are nonresidents of the State
of West Virginia; that there are or may be persons other
than those named above who are interested in such oil,
gas and minerals, whose names are unknown to
Plaintiffs, and who are made parties to the Amended
Complaint filed in this action by the general description
of unknown defendants, and the Plaintiffs having made
diligent but futile efforts to locate some or all of said
Defendants; it is accordingly ORDERED that each of
them do appear and serve upon William Crichton VI,
Lawyer, whose address is 511 28th Street, Vienna,
West Virginia 26105, an answer or other defense to the
Amended Complaint filed in this action on or before the
8th day of May, 2024 , otherwise judgment by default
will be taken against them at any time thereafter.
A copy of said Amended Complaint can be obtained
from the undersigned Clerk at her office located in
Middlebourne, Tyler County, West Virginia.
Entered by the said Clerk this 18th day of March, 2024.
Teste:
s/Candy L. Warner
Clerk of said Court
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