ORDER OF PUBLICATION IN THE CIRCUIT COURT OF CABELL COUNTY, WEST VIRGINIA CIVIL ACTION NO. 17-C-12 Judge: Gregory L. Howard Jr. ANDREA EAVES AND SHERMAN SMITH Plaintiffs, V. GARY EAVES, HIS HEIRS AT LAW, DEVISEES, SUCCESSORS, OR ASSIGNS, AND ALL OTHER PERSONS/ PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE REAL ESTATE DESCRIBED IN THE COMPLAINT BEING 0.21 ACRES, MARQUIS DRIVE, BEING 5 MARQUIS DRIVE, CITY OF HUNTINGTON, HUNTINGTON GUYANDOTTE DISTRICT, CABELL COUNTY, WEST VIRGINIA, Defendants. The object of this suit is to quiet title to real estate described as follows: All that certain piece or parcel of land situate in the City of Huntington, Cabell County, West Virginia, and more particularly described as follows: BEGINNING at a point in the southerly line of Marquis Drive leading easterly from Forest Road said point being distant easterly with the line of said Drive and with a curve to the right having a radius of 280 feet, a distance of 75.10 feet from another point which in turn is N. 39 20' E., 85.46 feet from another point in the line of said drive, which point in turn is distant S. 41 40'E., 40 feet from a point in the north line of said Marquis Drive, which point in turn is distant easterly and with a curve to the left having a radius of 20 feet, 36.68 feet from a point in the said east line of Forest Road, which point in turn is distant with said road line and with a curve to the left in a southeasterly direction with a radius of 260 feet, 146.09 feet from another point which is in turn distant S. 2 20' W. 70 feet from another point which is distant southerly with a curve to the left having a radius of 132.2 feet, 107.68 feet from another point which in turn is distant S. 49 00' W., 3.33 feet from another point which in turn is distant southerly with a cure to the right having a radius of 69.6 feet, 59.95 feet from another point, which in turn is distant S. 0 21' E. 10 feet from the southwest corner of Lot No. 157 of Forest Hills Subdivision No. 1, a Map of which is of record in the Cabell County Commission Clerk's Office in Map Book 2 as Map 233, thence with said beginning point and with the south line of Marquis Drive, curving to the right in a northeasterly direction a radius of 280 feet, a distance of 95.13 feet; thence leaving said line of Marquis Drive, S. 15 50' E. 121.68 feet; thence S. 74 10' W. 55.96 feet; thence N. 35 18' W., 112.08 feet to the point of BEGINNING; RESERVING, HOWEVER, as one-half of a ten foot sewer and utility easement a 5 foot wide parcel of land crossing the southerly 5 feet to the described property and adjoining the south line thereof and containing 0.21 acre, more or less. It appearing by affidavit filed in this action that Plaintiffs have used due diligence to ascertain the residence or whereabouts of the named Defendant, Gary Eaves, without effect, and that others are or may be persons, other than those named above as Plaintiffs and Defendants, interested in the subject matter of this action, whose names are unknown to the Plaintiffs and who are made Defendants by the general description of unknown defendants, that is, person/parties unknown; IT IS ORDERED that each of them serve upon Paul J. Prunty, plaintiffs' attorney, whose address is 430 Sixth Avenue, Huntington, West Virginia 25701, an Answer including any related counterclaim, or other defense to the Complaint filed in this action on or before the 5th day of February, 2017, otherwise judgment by default will be taken against them at any time thereafter. A copy of this Complaint can be obtained from the undersigned Clerk at his office. Enterd by the Clerk of said Court this 5th day of January, 2017. JEFFREY E. HOOD Clerk of Court LH-49582 1-17,24; 2017
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