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Order of Publication – Civil Action No. 21-C-13

IN THE CIRCUIT COURT OF
PLEASANTS COUNTY, WEST VIRGINIA
WILLIAM B. POLING aka BRYAN POLING and
SHERIE K. POLING,
Plaintiffs,
vs. CIVIL ACTION NO. 21-C-13
SOUTHWESTERN ENERGY COMPANY
S. I. SILMAN and the unknown heirs, devisees,
successors, and/or assigns of the said S. I. SILMAN
and all or other unknown persons or defendants,
who own or claim to own an interest in and to that
certain oil and gas royalty interest reserved from
that certain deed
by S. I. SILMAN to ASBURY BAILEY, dated
December 10, 1909, and of record in the Office of
the Clerk of the County Commission of Pleasants
County West Virginia, in Deed Book No. 47, at page
454, underlying that certain tract or parcel of real estate situate in Union District, Pleasants County, West
Virginia, said to contain 35 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 for
declaratory judgment recognizing, and to quiet title
in and to, Plaintiffs’ interests in the oil, gas and minerals underlying those certain tracts of land situate
in Union District, Pleasants County, West Virginia,
bounded and described as follows:
TRACTNO.1
Tax Map 9, parcel 80
Beginning at a stake in the westerly edge of the
right of way of said Fish Pot Road in the line known
as the Dye and Ruttencutter line; thence along the
westerly edge of said Fish Pot Road in a southerly
direction 594 feet, more or less, to a stake being the
northeast comer of a tract conveyed unto Lloyd W.
Rice and Sylvia M. Rice; thence in a westerly direction with their common line 1,263 feet to a stake
in the line of a tract belonging to Willard Brewer;
thence along the said line in a northerly direction
450 feet to a stake in a line known as the Dye and
Ruttencutter line; thence in an easterly direction
with said line 1,188 feet to the place of beginning,
containing 18 acres, more or less.
TRACT N0. 2
Tax Map 9. parcel 80.1
Beginning at a stake in the westerly edge of the
Fishpot public road, comer to Lloyd Bailey tract;
thence along the Bailey line fence in a westerly
direction 311 feet, more or less, to an iron stake;
thence in a southerly direction parallel with the
Bailey line fence 311 fence, more or less, to an iron
stake in the westerly line of said public road; thence
in a northerly direction with the edge of said road 200
feet to the place of beginning, containing 2 acres,
more or less.
Plaintiffs are entitled to an award of declaratory
judgment finding that
Plaintiffs are the true and lawful owners of all of
the oil and gas underlying the subject real estate,
that the ½ royalty interest of S. I. Silman is now extinguished, that the Plaintiffs herein should receive ¾ of
1/8 of all oil and gas produced from the subject real
estate, and that all monies currently held in escrow
on behalf of S. I. Silman should be paid to Plaintiffs.
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 and other rights
and interests at issue, 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 Keith White, Attorney
at Law, whose address is P.O. Box 176, St. Marys,
West Virginia, 26170, an answer or other defense to
the Complaint filed in this action on or before November 8, 202 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 the
Pleasants County Courthouse in St. Marys, Pleasants County, West Virginia.
Entered by the said Clerk this 3rd day of September,
2021.
Millie Farnsworth
Circuit Clerk of Pleasants County
West Virginia
9-8-2tch