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Public Notice - Citation by Publication - 5/31/2012 - 1

CITATION BY PUBLICATION

DISTRICT CLERK: 208 South Highway 37
Mount  Vernon, Texas 75457
PLAINTIFF’S ATTORNEY:
PAULA H. POWELL
Cherryhill Drive
Tyler, Texas 75703


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: B.W. NELSON, RONALD GARY GLOTH, HARRY RUDMAN, MARSHALL E. JONES, CHARLES WHITNEY AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSON 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 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 9 day of July, 12 then and there to answer the petition of EXXON MOBIL CORPORATION, in Cause No. 11380, styled EXXON MOBIL CORPORATION vs B.W. NELSON, RONALD GARY GLOTH, HARRY RUDMAN, MARSHALL E. JONES, CHARLES WHITNEY AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSON ARE DECEASED, wherein the said EXXON MOBIL CORPORATION is Plaintiff, and the said B.W. NELSON, RONALD GARY GLOTH, HARRY RUDMAN, MARSHALL E. JONES, CHARLES WHITNEY AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSON ARE DECEASED,  are Defendants. The said petition, filed on the 17 day of May, 2012, discloses that the nature of said suit is as follows:

This suit is brought to have a receiver appointed under the provisions of Sections 64.091  of the Texas Civil Practice and Remedies Code for undivided mineral 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 Six allocated to John B. Smith 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:  120.28 acres of land, more or less, out of the F.M. Bates Survey, A-688, Franklin County, Texas, being more particularly described in that certain Patent dated October 29, 1912, from the State of Texas to F.M. Bates, recorded at Volume Z, Page 297 of the Deed Records of Franklin County, Texas.

Tract Three: 61.75 acres of land, more or less, out of the Franklin T. Roberts Survey, A-    394, Franklin County, Texas, and being more particularly described as the First Tract in  that certain Warranty Deed dated January 10, 1928, from G.P. Sneed et ux, M.M. Sneed to F.A. Jones, recorded at Volume 47, Page 398 of the Deed Records of Franklin County, Texas.

Tract Four:  6.0 acres, more or less, out of the Orlando James Survey, A-610, Franklin County, Texas, being more particularly described in that certain Deed dated August 31, 1954, from Charles Whitney et ux to Howard Sullivan et ux, recorded in Volume 74,     Page 76 of the Deed Records of Franklin County, Texas. and to execute Oil, Gas and Mineral Leases 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 22 day of May, 2012, at Mount Vernon , Franklin County, Texas.

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