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Public Notice - Citation by Publication - 12/15/2011

DISTRICT CLERK:
208 South Highway 37
Mount Vernon, Texas 75457

PLAINTIFF’S ATTORNEY:
PAULA H. POWELL
Cherryhill Drive
Tyler, Texas 75703

THE STATE OF TEXAS

NOTICE TO DEFENDANTS: “You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of forty-two (42) days after the date of issuance of this citation and petition, a default judgment may be taken against you.”

TO:  MARTIN J. DONLON JR., SOPHIE LANGLINAIS MILLER, MARK A. BAILEY, MRS. PAUL SHENK JR., ALMA LAND DEVELOPMENT CORPORATION AND JOHN B WHITLEY AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSONS ARE DECEASED , Defendants in the  herein described.

You and each of you are hereby commanded to appear and answer before the 62nd Judicial District Court in the Franklin County Courthouse in Mount Vernon,  Franklin County, Texas at or before 10:00 a.m. on the first Monday after the expiration of forty-two (42) days from the date of issuance hereof, being at or before 10:00 a.m., on Monday, the 23 day of Jan. 2012, then and there to answer the petition of EXXON MOBIL CORPORATION, in Cause No. 11323, styled EXXON MOBIL CORPORATION vs MARTIN J. DONLON JR., SOPHIE LANGLINAIS MILLER, MARK A. BAILEY, MRS. PAUL SHENK JR., ALMA LAND DEVELOPMENT CORPORATION AND JOHN B. WHITLEY AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSONS ARE DECEASED,  wherein the said EXXON MOBIL CORPORATION is Plaintiff, and the said MARTIN J. DONLON JR., SOPHIE LANGLINAIS MILLER, MARK A. BAILEY, MRS. PAUL SHENK JR., ALMA LAND DEVELOPMENT CORPORATION AND JOHN B. WHITLEY  AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSONS ARE DECEASED are Defendants. The said petition, filed on the  6th day Dec., 2011, discloses that the nature of said suit is as follows:
This suit is brought to have a receiver appointed under the provisions of Sections 64.093  of the Texas Civil Practice and Remedies Code for undivided royalty interests owned by the Defendants in the following described lands in Franklin County, Texas, to-wit:

Tract One:  24.5 acres of land, more or less, out of the Noah Smith Survey, A-473, Franklin County, Texas, being more particularly described as Tract Three  allocated to Oma Seay in the partition of the Estate of Noah Smith as depicted on the plat attached to that certain Affidavit dated September 12, 1932, recorded at Volume 50, Page 367 of the Deed Records of Franklin County, Texas.
Tract Two:  24.5 acres of land, more or less, out of the Noah Smith Survey, A-473, Franklin County, Texas, being more particularly described as Tract Four allocated to N. Edd Smith in the partition of the Estate of Noah Smith as depicted on the plat attached to that certain Affidavit dates September 12, 1932, recorded at Volume 50, Page 367 of the Deed Records of Franklin County, Texas.
Tract Three: 24.5 acres of land, more or less in the Noah Smith Survey, A-473,
Franklin County, Texas, being more particularly described as Tract Five allocated to Mabel Davis in the partition of the Estate of Noah Smith as depicted on the plat attached to that certain Affidavit dated September 12, 1932, recorded at Volume 50, Page 367 of the Deed Records of Franklin County, Texas.
Tract Four: 102.77 acres, more or less, out of the James Brantley Survey, A-24, Franklin County, Texas, and being the same land described as Second Tract in that certain Ratification of  Lease Description dated June 2, 1933, from T.L. Leake et al to Humble Oil & Refining Company recorded at Volume 17, Page 168 of the Contract & Lien Records of Franklin County, Texas.
Tract Five: 78.85 (called 82) acres of land, more or less, out of the William Birdwell Survey, A-62, being more particularly described in that certain Oil, Gas and Mineral Lease dated March 23, 1936, by and between W.D. Cato, Guardian of the Estate of Annie Sue Cato, as Lessor, and Byrd-Frost, Inc., as Lessee, recorded at Volume 24, Page 186 of the Contract and Lien Records of Franklin County, Texas.
Tract Six:  174.9 (called 170.5) acres of land, more or less, out of the James Brantley Survey, A-24, being more particularly described in that certain Oil, Gas and Mineral Lease dated May 12, 1931, by and between Lena Wims, individually and as Community Survivor of the Estate of R. Wims, deceased, as Lessor, and J.T. Perryman Jr., as Lessee recorded at Volume 12, Page 441 of the Contract and Lien Records of Franklin County, Texas.
Tract Seven: 107 (a/k/a 108.25) acres of land, more or less, out of the Charlton Payne Survey, A-374, Franklin County, Texas, and being more particularly described as First Tract, containing 100 acres of land, more or less, and Second Tract, containing 7 acres of land, more or less, in that certain Oil, Gas & Mineral Lease dated August 23, 1935, from Cora Owings, Individually and as Community Survivor of the Estate of herself and her deceased husband, A. Owings, to W.P. Chandler, recorded at Volume 20, Page 89 of the Contract and Lien Records of Franklin County, Texas.
Tract Eight: 127 2/3 acres of land, more or less, out of the M.E.P. & P.R.R. Co. Survey, A-344, Franklin County, Texas and being more particularly described in the certain Oil, Gas and Mineral Lease dated June 20, 1936, from M.L. Norman and F.D. Prince to Humble Oil and Refining Company recorded at Volume 27, Page 60 of the Contract and Lien Records of Franklin County, Texas.
Tract Nine: 315 acres of land, more or less, out of the James Brantley Survey, A-24, and the B. G. O’Neal Survey, A-703, Franklin County, Texas, being more particularly described in that certain Oil and Gas Mining Lease dated August 19, 1935, by and between W.R. Evans, as Lessor, and W.P. Chandler, as Lessee, recorded at Volume 20, Page 77 of the Contract and Lien Records of Franklin County, Texas.

and to execute ratifications of agreements for the pooling and/or unitization of royalty interests owned by the Defendants and deliver thereof to the Plaintiff, and take such other action deemed necessary under the provisions of said statute.

If this citation is not served within ninety (90) days after date of its issuance, it shall be returned unserved.

ISSUED AND GIVEN UNDER MY HAND AND SEAL OF SAID COURT on this the 6th day of  December, 2011, at Mount Vernon, Franklin County, Texas.

CLERK OF THE DISTRICT COURT
FRANKLIN COUNTY, TEXAS
By: LuAlice Butler
Deputy