HUNTINGTON — A Cabell County resident is suing Price Music Company and the City of Huntington, citing alleged failure to execute the deed conveying the property unto plaintiff.
Michael Thomas filed a complaint in Cabell Circuit Court against Price Music Company and the City of Huntington alleging that the owner of the West Virginia corporation failed to execute the deed conveying the property to the plaintiff.
According to the complaint, the plaintiff alleges that in 1997 he entered an agreement with Shelton Price, then owner of Price Music Company, that Thomas would keep and maintain Lot 1 Block 311 Huntington, Gideon District, Cabell County, West Virginia, including the payment of real property taxes, and Shelton would convey the said real property unto plaintiff. Shelton Price died in August 2001. Prior to his death, he failed to execute a deed conveying the property unto Thomas. A diligent inquiry has been made but the whereabouts of the successors and assigns of the defendant and its successors in title are unknown to plaintiff. The plaintiff holds Price Music Company responsible because the defendants allegedly failed to do its duty, while the plaintiff has fully complied with his part of the agreement. Although there is no written agreement, Thomas has been in open, exclusive and actual possession under a color of title, in excess of the 10 years mandated in W.Va Code §55-2-1.
The plaintiff seeks that the successors, or assigns, in title of Price Music Company, may be made defendants as "party unknown" and that they may be summoned to answer this complaint and to quiet title to the said real estate, established and confirmed as an absolute in fee simple in the plaintiff. He is represented by Paul J. Prunty of Prunty Law Offices in Huntington.
Cabell County Circuit Court Case number 18c547