MOUNDSVILLE — An elderly Moundsville couple is suing a Colorado oil and gas company, alleging fraud and/or constructive fraud, tort of outrage, negligence unjust enrichment and breach of contract.
Robert H. Noble and Betty J. Noble filed a complaint in Marshall Circuit Court against Family Tree Corporation of Lakewood, Colorado, and John Doe, alleging they fraudulently acquired the plaintiffs' mineral interest.
According to the complaint, between 2016 and October 2017, the Nobles were approached by Famikly Tree's representative seeking to lease Robert Noble's mineral interest in his Wetzel County property.
On Sept. 20, 2016, the suit says, Robert Noble executed a document that he understood to be for a lease for a portion of mineral interest in his property yet the Nobles did not receive any payment at the time of the execution of the document but did receive a check more than a year later.
The suit says the correspondence that came with the check stated it was payment for the purchase of the mineral acres.
The plaintiffs allege Family Tree and John Doe misled them to believe that the Nobles were leasing mineral interests rather than selling it based upon prior conversations with the Family Tree's representative. The suit says the defendants have failed to provide title documentation in accordance with the agreement.
The Nobles seek trial by jury, judgment to quiet any title claimed by the defendant, compensatory damages in excess of the minimum judicial threshold of the court, attorney fees, costs and interest. They also seek a declaration that the contracts and/or documents claiming any right to said mineral interests by the defendant are rescinded and/or null and void. They are represented by attorneys David A. Jividen and Chad C. Groome of Jividen Law Offices PLLC in Wheeling.
Marshall Circuit Court case number 18-C-237