Citation by Publication/Notice Details

Cause Number : CV20-0070-173
Name(s) of party to be served : LARRY JAMES WHITENER, OR UNKNOWN HEIRS
Court/County : 173rd District Court - Henderson County (Henderson)
Citation Type : Other – Citation by Publication or Notice
Publication Start Date :  9/18/2020
Publication End Date :  11/2/2020
Status : Active
Citation/Notice Text :

CITATION BY PUBLICATION CV20-0070-173 CLERK OF THE COURT Betty Herriage, District Clerk Henderson County Courthouse 100 E. Tyler St. Ste. 202 Athens, Texas 75751 PLAINTIFF’S ATTORNEY OR PLAINTIFF MARTIN R. BENNETT 130 E CORSICANA STE 302 ATHENS TX 75751; THE STATE OF TEXAS NOTICE TO DEFENDANT: “You have been sued. You may employ an attorney. If you or your attorney does 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 days after the date of issuance of this citation and petition, a default judgment may be taken against you.” TO: LARRY JAMES WHITENER, OR HIS UNKNOWN HEIRS DEFENDANT, Greeting: You are hereby commanded to appear by filing a written answer to the PLAINTIFF’S FIRST AMENDED PETITION FOR PARTITION AND REQUEST FOR DISCLOSURE at or before ten o’clock A.M. of the Monday next after the expiration of forty-two days after the date of issuance of this citation the same being Monday, NOVEMBER 2, 2020, before the Honorable Dan Moore, 173RD District Court Judge of Henderson County, Texas at the COURTHOUSE in Athens, Texas. Said PLAINTIFF’S FIRST AMENDED PETITION FOR PARTITION AND REQUEST FOR DISCLOSURE was filed in said court on 09/17/2020, in this case numbered CV20-0070-173 on the docket of said court, and styled, WCR RANCH, L.L.C. v. CLAYTON KENNON; ELOYE JEAN BETTS; SHARON LYNN PEDIGO; JERRIE NELL KENNON CADE; AND LARRY JAMES WHITENER. The names of the parties to the cause are as follows: WCR RANCH, L.L.C. is Plaintiff and CLAYTON KENNON; ELOYE JEAN BETTS; SHARON LYNN PEDIGO; JERRIE NELL KENNON CADE; AND LARRY JAMES WHITENER are defendants. A brief statement of the nature of this suit is as follows, to-wit: PARTITION UNDER CHAPTER 23 OF THE TEXAS PROPERTY CODE, AND RULE 756 ET SEQ., OF THE TEXAS RULE OF CIVIL PROCEDURE, PLAINTIFF AND DEFENDANTS ARE CO-TENANTS WHO JOINTLY OWN IN FEE SIMPLE THE REAL PROPERTY LOCATED IN HENDERSON COUNTY, TEXAS and described as follows: Tract I: All that certain lot, tract, or parcel of land situated in Henderson County, Texas, on the N. B. Richardson Survey, A-26, containing 142-4/10 acres of Land, and being more particularly described by metes and bounds on Exhibit ‘A’ attached to Plaintiff’s First Amended Petition and made a part thereof. Tract 2 (Easement Tract): Being the Getty Oil Company access road on and through the Easement Property described on Exhibit B” attached to Plaintiff’s First Amended Petition, and more particularly described in that one certain Roadway Easement dated May 3, 1983, and recorded in Volume 1016, Page 581 of the Real Property Records of Henderson County, Texas, and further depicted in the exhibit attached to said instrument. as is more fully shown by Plaintiff’s First Amended Petition on file in this suit. The officer executing this writ shall promptly serve the same according to requirements of law, and the mandates thereof, and make due return as the law directs. Issued and given under my hand and the Seal of said Court, at office in Athens, Texas on this the 18th day of September, 2020. Attest: Betty Herriage, District Clerk Henderson County, Texas By:__Carmen Delgado, Deputy