Claimant appeared in person.
Robert D. Pollitt, Senior Assistant Attorney General, for respondent.


This claim was filed incorrectly. The Court, upon its own motion,
amended the style of the
claim to reflect the State Auditor's Office as the proper party

On December 19, 1986, the claimant bought property from the Deputy
Commissioner of
Forfeited Land for $165.00 in Raleigh County. Subsequent to the purchase
of the property, it
was determined that H.G. Farmer owned the property and claimant seeks

The transfer of the property occurred on January 28, 1987. The deed is
recorded in Raleigh
County Deed Book 719 at page 23.

West Virginia Code §11A-4-25 states the following:

"Whenever, after sale and before confirmation thereof, it is discovered
that the land sold was
nonexistent, or that it had been the subject of a duplicate or improper
assessment, or was
transferred to others under the provisions of section 3, article XIII of
the Constitution, the
purchase shall be entitled to a return of the purchase money. Upon
request of a purchaser so
entitled, it shall be the duty of the deputy commissioner to apply to
the circuit court for an order
directing the sheriff to return the purchase money. If satisfied that
the application is proper, the
court shall enter the order applied for, but no costs shall be taxed in
connection with such an
application. If the ground for entering the order was that the land was
nonexistent or the subject
of a duplicate assessment, the order shall also direct the assessor to
drop the erroneous entry of
such lands from the land books." (1947, c. 160.).

The aforementioned statute clearly provides a legal remedy to claimant.
For those reasons as
mandated by West Virginia Code §14-2-14(5), the Court lacks jurisdiction
of this claim.
Therefore, the Court is of the opinion to, and does, deny the claim.

Claim disallowed.