Cabell deed dispute leads to lawsuit

By Matt Russell | Aug 6, 2014

HUNTINGTON -- A dispute over the deed to a lot in Huntington has led to a lawsuit.

Lawrence Daly filed suit June 11 in Cabell Circuit Court against First State Bank, Big Belly Realty LLC, Julian Tucker and Quincy Johnson.

According to the complaint, on Aug. 20, 2012, defendant Big Belly bought land at 1228 18th St., Huntington, also known as Lot 4 of the Hensley & Noel Subdivision. A deed of trust dated Aug. 1, 2012, but not executed until Feb. 6, 2013, was made from owners Tucker and Johnson to sell a property at 1232 18th St., Huntington, otherwise known as Lot 6, to defendant First State Bank, the suit states.

Big Belly then sold Lot 4 to the plaintiff on Aug. 29, 2013. Because neither Johnson nor Tucker owned Lot 4 at the time of the Aug. 1, 2012, deed, they were unable to secure a loan using Lot 4 as collateral, the filing states.

Daly is seeking an order declaring the Aug. 29 deed the only valid deed, plus costs and fees.

He is represented by Charleston attorney Jared M. Tully and Elizabeth A. Moore of Frost Brown Todd LLC. The case has been assigned to Circuit Judge Christopher D. Chiles.

Cabell Circuit Court Case No. 14-C-444

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