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 Lessor,
SUSAN JOINER, CIVIL ACTION NO. 24-C-2 Hon. Charles Richard Wilson, Judge
-vs-
DAVID IRA McCOY, ELISABETH MOY WILKERSON,
GARY D. McCOY, PAUL T. KELLER, JR., GENTRY L.
McCUTCHEN, PEGGY S. MARTIN, KENNETH D.
McCOY, KATHERINE McCOY, DONNA J. WILKES,
LORETTA A. UPTEGRAFT, EVA FURRH, MARSHA
RICHARDSON, ROBERT L. McCOY, CHERYL A.
WELCH, BRIAN K. BENTLEY, SHARON LEE BLAND,
DENISE McCOY, TARA LYNN DIXEY, BLAKE ALLEN
LANGSELDT, POLLY C. JAPP, HUGH STEPHEN
LYNCH, PATRICK R. McCOY, CLARENCE E. RAY,
ROLAND G. RICHERSON, JON F. WILSON, RANDY
W. WILSON, SHEREEN D. WILSON, JANEE A.
WILSON, JERRY D. WILSON, JR., WILLIAM J.
LOENHORST, ELLYN J. LOENHORST, ANGIE B.
McINTYRE, E. C. McINTYRE, L. G. McINTYRE, MARY
ALMA McINTYRE McCOY, OVID S. McCOY, ELNORA
L. LYNCH, MARY MOY, DOROTHY McINTYRE
JOINER, WILLIAM DOUGLAS BLAND, MICHAEL D.
GRIGSBY, EVA F. LINDER, WILLIAM G. McINTYRE,
ALDENA McCOY, and the remaining unknown heirs,
devisees, successors, assigns and/or creditors of any of
the above, including without limitation those not known
to be alive, 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 situate on the waters of Indian
Creek, McElroy District, Tyler County, West Virginia,
said to contain 36 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 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 36 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 the
un-leased Defendants such sums of money as their
undivided interest in the Subject Oil and Gas Property
may entitle them. In the alternative (to allotment/partition
sale), the action seeks the appointment of a Special
Commissioner for the sale, execution and delivery of a
lease of any unknown, missing and/or abandoning
owner-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 .:
Being situate on the waters of Indian Creek, McElroy
District, in the County of Tyler, State of West Virginia:
BEGINNING at a spruce pine on creek bank in
McCormick’s line; thence with the same S.117 poles to
a stone corner to Beverlin; thence with his line S.77-1/2
E.51 poles to a stone; thence N.7 W.111 poles to a
white walnut; thence N.82 E.10 poles to a stone; thence
N.85 poles to a stone on creek bank; thence down the
same N.65 W.15 poles; S.20 W.21 poles; S.62 W.15
poles to the place of beginning, containing 36 acres of
land, 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 12,
Parcel p/o 30.
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 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 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 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
TSN 3/27 4/3 4/10 5060