CITATION BY PUBLICATION
| DISTRICT CLERK: |
PLAINTIFF’S ATTORNEY: |
| 208 South Highway 37 |
PAULA H. POWELL |
| Mt. Vernon, Texas 75457 | 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: MONTANA PROPERTIES, INC., SONITT PETROLEUM CORPORATION, ELOISE CHAPMAN COLEMAN, SARAH LEE CHAPMAN WETHERBY 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 19th day of September, 2011, then and there to answer the petition of EXXON MOBIL CORPORATION, in Cause No. 11268, styled EXXON MOBIL CORPORATION vs MONTANA PROPERTIES, INC., SONITT PETROLEUM CORPORATION, ELOISE CHAPMAN COLEMAN, SARAH LEE CHAPMAN WETHERBY AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSONS ARE DECEASED, wherein the said EXXON MOBIL CORPORATION is Plaintiff, and the said MONTANA PROPERTIES, INC., SONITT PETROLEUM CORPORATION, ELOISE CHAPMAN COLEMAN, SARAH LEE CHAPMAN WETHERBY AND THEIR HEIRS, KNOWN AND UNKNOWN, IF ANY SAID PERSONS ARE DECEASED are Defendants. The said petition, filed on the 5th day of August, 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: 4 acres of land, more or less, out of the William F. Dyer Survey, A-138, Franklin County, Texas, being more particularly described in that certain Warranty Deed dated August 2, 1950, from Claudie E. Price to Sam Williams and H.B. Wilson, recorded at Volume 69, Page 256 of the Deed Records of Franklin County, Texas.
TRACT TWO: The most northerly 10 acres of land, more or less, out of the most westerly 40.75 acres of land, more or less, out of the McKinney & Williams Survey, A-342, being more particularly described in that certain Assignment of Oil, Gas and Mineral Lease dated March 1, 1969, from Chaparral Production Company to E. Joe Pruitt, recorded at Volume 107, Page 172 of the Contract and Lien Records of Franklin County, Texas.
TRACT THREE: 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 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: 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 dated September 12, 1932, recorded at Volume 50, Page 367 of the Deed Records of Franklin County, Texas.
TRACT FIVE: 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;
and to execute ratifications of agreements for the pooling and/or unitization of royalty interests owned by 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 5th day of August, 2011, at Mount Vernon , Franklin County, Texas.
CLERK OF THE DISTRICT COURT
FRANKLIN COUNTY, TEXAS
By: LuAlice Butler
