COUNTY OF WISE v DANA D. HUGHES

March 28, 2024

VIRGINIA:

IN THE CIRCUIT COURT OF THE COUNTY OF WISE

COUNTY OF WISE, VIRGINIA, a Political Subdivision of

the Commonwealth of

Virginia

Complainant

Case No. CL24-178

DANA D. HUGHES, ET AL.,

Respondent(s)

ORDER OF PUBLICATION

The object of this suit is to enforce the lien of the Complainant, County of Wise, Virginia, for delinquent real estate taxes against certain real property located in the County of Wise, Virginia, described as follows:

Tax Map No.

097A5 (01) 016 004

Account No. 005678

All that certain tract or parcel of land, situated in the Town of Coeburn, Wise County, Virginia, containing 0.483 acres, more or less, and being part of the same property conveyed to Dave Nixon and Dorothy Nixon by Deed recorded in Deed Book 469, at Page 599 and in Deed Book 436, at Page 662, and being further described as follows, to-wit:

Beginning at an iron pin in the southern right-of-way line of Central Avenue and in the western edge of Kiser Avenue, thence with said Kiser Avenue, S 12° 04' 26” E 214.00 feet to a point, thence leaving said Kiser Avenue, S 77° 55' 34” W 80.06 feet (at 5.00 foot pass thru at an iron pin) to an iron pin in the northeast right-of-way line of formerly Interstate Railroad, thence with said right-of-way, N 40° 21' 48” W 42.12 feet to an iron pin, a common corner of property now or formerly owned by Clifford Hamilton, thence with said Hamilton, N 12° 04' 00” W 176.92 feet to a metal fence post in the southern right-of-way line of aforesaid Central Avenue, thence with the same N 77° 55' 34” E 100.00 feet to the beginning, as shown on “Plat Prepared for: Billy Hughes”, prepared by Joseph Barger, Land Surveyor, of record in the Clerk's Office of the Circuit Court of Wise County, Virginia, as Instrument Number 200604844.

There is excepted from the above-described property Adams Street as depicted on the above-mentioned plat.

Together with the use of any and all easements, right of ways, roadways, water rights, pipeline rights, sewer systems including any field lines attached thereto, in existence which lawfully may be used, whether by express grant, prescriptive use or otherwise. And which are appurtenant to and part of the use and enjoyment of the above-described property.

And being a portion of the same property conveyed to Dave Nixon and Dorothy Nixon, his wife, as tenants by the entirety with the right of survivorship, from Dave Nixon and Dorothy his wife, by Deed dated October 29, 1974, and recorded October 30, 1974, in the Office of the Circuit Court Clerk of Wise, County, Virginia, in Deed Book 469, at Page 599.

The said Dave Nixon died September 9, 1982, passing his interest in the above-described property to his wife, Dorothy Nixon, via operation of law. The said Dorothy Nixon died November 11, 1995, and may have passed her interest in the above-described property via intestate succession to her children, namely Constance Nixon Gilliam, Dana D. Hughes, William E. Nixon, Charlie R. Nixon, Davey C. Nixon, and Clifton Nixon.

And further being the same property in which a partial interest was conveyed to Dana D. Hughes from William E. Nixon and Davey C. Nixon, Heirs at Law of Dave Nixon and Dorothy Nixon, by Deed of Gift dated and recorded November 15, 2006, in the Office of the Circuit Court Clerk of Wise, County, Virginia, as Instrument Number 200604844.

This description is made subject to all easements, conditions, agreements, restrictions, and reservations of record which affect the property herein described including but not limited to those recorded in Instrument Number 200604844, Deed Book 469, at Page 599, Deed Book 436, at Page 662, and Deed Book 363, at Page 69.

IT APPEARING that an Affidavit has been made and filed stating that due diligence has been used, without effect, to ascertain the identity and location of certain parties to be served, that the last known addresses for the Respondents herein are as follows: Dana D. Hughes, who is believed to be deceased and whose last known address is 4155 Aurora Road, Melbourne, Florida 32934; Billy J. Hughes, who is believed to be deceased and whose last known address is 210 Kaiser Court SE, Palm Bay, Florida 32909; Timothy A. Hughes, who is believed to be deceased and whose last known address is unknown; Billy M. Hughes, who is believed to be deceased and whose last known address is unknown; Constance Nixon Gilliam, who is believed to be deceased and whose last known address is P.O. Box 572, Coeburn, Virginia 24230; James Ricky Gilliam, who is believed to be deceased and whose last known address is 1146 Altamira Street NW, Palm Bay, Florida 32907; Charlie R. Nixon, who is believed to be deceased and whose last known address is P.O. Box 88, Coeburn, Virginia 24230; Vera Hall Nixon aka Vera M. Hess, whose last known address is 22078 Gale Avenue, Bristol, Virginia 24202; Clifton Nixon, who is believed to be deceased and whose last known address is unknown; and that any officers, heirs, devisees, and successors in title of the Respondent named herein are made parties Respondent to this action individually and/or by the general description of Parties Unknown, it is hereby

ORDERED that the parties herein and all Parties Unknown and/or whose location cannot be ascertained appear on or before May 13, 2024 in the Clerk's Office of the Circuit Court of the County of Wise, Virginia, and do what may be necessary to protect their interests in this cause.

Entered on the 22nd day of March, 2024.

Dezarah J. Hall

Clerk

Ask For This:

Esq. (VSB No. 86372)

John A. Rife, Esq.

(VSB No. 45805)

Jeffrey A. Scharf, Esq.

(VSB No. 30591)

Mark K. Ames, Esq.

(VSB No. 27409)

Paul L. LaBarr, Esq.