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The object of this suit is to remove the cloud on the title of Plaintiff, Lucy Smith Hitt, to a certain five-acre tract of land, with all improvements thereon, in Jackson Magisterial District, Rappahannock County, Virginia, which was conveyed to Lucy Smith Hitt by deed of Second National Bank of Culpeper, dated January 13, 1969 and recorded March 25, 1969, amongst the records in the Clerk's Office of this Court, in Deed Book 74, at page 283. Said suit seeks a declaratory judgment that the act of Floyd Daniel Hitt, Defendant, in conveying an interest in the above described real estate to the individuals named in a deed of record in the Clerk's Office of this Court, in Deed Book 115, at page 595, was ultra vires and therefore void ab initio, or, alternatively, that said act constitutes self dealing and a breach of fidicuary duty, and therefore requests, in the alternative, that the Court enter a Decree declaring said deed to be void ab initio, removing the doud on the title to the subject real estate, and further appointing a Special Commissioner to convey title to said lands to the Plaintiff, Lucy Smith Hitt.
An Affidavit having been made and signed that Matthew Dean Hitt is a nonresident of the State of VirKand
that his last
post office address is as indicated above, and that the address of Floyd Daniel Hitt is unknown and that he may be a non-resident of the State of Virginia, and that there are or may be unknown heirs of Floyd Daniel Hitt, whose names and post office addresses are unknown, it is hereby ORDERED that each of said parties appear on or before April 20,1988, and do whatever is necessary to protect their interest in said land.
It is further ORDERED that this Order of Publication be published once a week for four consecutive weeks in the RAPPAHANNOCK NEWS, a newspaper of general circulation in the County of Rappahannock, Virginia.
ENTER: This 22 day of February, 1988
Diane Bruce
Clerk, Circuit Court of
Rappahannock County I ASK FOR THIS: Douglas K. Baumgardner Post Office Box 270 Washington, Virginia 22747 (703)675-3617 Counsel for Plaintiffs
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