Citation by Publication/Notice Details

Cause Number : 19-0970-b
Name(s) of party to be served : The Unknown Heirs Of Frank Sides
Court/County : 114th District Court - Smith County (Smith)
Citation Type : Other – Citation by Publication or Notice
Publication Start Date :  10/26/2020
Publication End Date :  12/14/2020
Status : Active
Citation/Notice Text :

ATTORNEY FOR PLAINTIFF CHRISTOPHER K. BAXTER 14643 DALLAS PARKWAY STE 750 SUITE 750 DALLAS TX 75254 972-331-2300 CAUSE NO. 19-0970-B T H E S T A T E O F T E X A S CITATION BY PUBLICATION NOTICE TO DEFENDANT: "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 Ten O'clock (10:00) A.M. on the Monday next following the expiration of forty-two (42) days after you were served this citation and petition, a default judgment may be taken against you." TO: THE UNKNOWN HEIR OF FRANK SIDES – DEFENDANT GREETINGS: You are hereby commanded to appear before the 114th Judicial District Court of Smith County, Texas, to be held at the Courthouse of said County in the City of Tyler, Smith County, Texas, by filing a written answer to Plaintiff's Original Petition Seeking A Judicial Judgment For Foreclosure at or before Ten o'clock (10:00) A.M. on the Monday next after the expiration of forty two (42) days after the issuance of this citation the same BEING Monday, December 14, 2020, hereof, a copy of Plaintiff's Original Petition Seeking A Judicial Judgment For Foreclosure which accompanies this citation in Cause Number 19-0970-B, filed on the docket of said Court on this the 17th day of April, 2019, and styled: BANK OF AMERICA, N.A VS. KATHY SIDES, THE UNKNOWN HEIR OF FRANK SIDES, FRANK SIDES, JR., JEFFREY SIDES The Summary of the Suit is as Follows: Bank of America, N.A. (“Plaintiff”), its successors in interest or assigns, by and through its attorney of record, Christopher K. Baxter or Marinosci Law Group, PC, dba Marinosci & Baxter, 14643 Dallas Parkway, Suite 750, Dallas, Texas 75254, (972) 331-2300, brought suit Kathy K Sides, Frank L Sides, Jr., Jeffrey D Sides, and The Unknown Heirs of Frank Sides (“Defendants”), to enforce the Note on the property located at 17340 F.M. 16 E, Winona, TX 75792 and legally described as: ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND PART OF THE ISAAC W. HALL SURVEY ABSTRACT NO. 428, SMITH COUNTY TEXAS, BEING ALL OF THAT CERTAIN CALLED 0.90 ACRE TRACT INCORRECTLY DESCRIBED AS BEING IN THE B. H. BUTTS SURVEY, ABSTRACT N0. 85 IN A DEED FROM R. E. ORR AND WIFE LILA ORR TO F. J. LANDERS ON OCTOBER 18, 1937, RECORDED IN VOLUME PAGE 367, PAGE 160 OF THE DEED RECORDS OF SMITH COUNTY, TEXAS, AND BEING MORE COMPLETELY DESCRIBED AS FOLLOWS, TO-WIT: THENCE AT A FENCE CORNER AT THE NORTHEAST CORNER OF THE ABOVE MENITIONED 0.90 ACRE TRACT, THE NORTHWEST CORNER OF A l7 ACRE TRACT N0. 3 DESCRIBED IN A DEED FROM A. L. LANDERS AND WIFE EULA LEE LANDERS TO BILLIE BERRA LANDERS ON JUNE 9, 1960, RECORDED IN VOLUME 981, PAGE 447, IN THE SOUTH RIGHT-OF-WAY 0F F. M. HIGHWAY NO. 16; THENCE SOUTH 02 DEG. l6 MIN. 56 SEC. WEST WITH THE NORTHERLY WEST LINE OF SAID l7 ACRE TRACT, THE EAST LINE OF SAID 0.90 ACRE TRACT, A DISTANCE OF 148.61 FT. TO A 1/2" IRON ROD (SET) FOR THE SOUTHEAST CORNER OF SAME, IN THE NORTH LINE OF THAT CERTAIN CALLED FIRST TRACT IN A PARTITION DEED TO MRS. ANNE LEE JUDGE AND MRS. LOIS HOLLEY ON APRIL l7, 1957, RECORDED IN VOLUME 883, PAGE 414; THENCE NORTH 82 DEG. 45 MIN. 45 SEC. WEST WITH THE NORTH LINE OF SAID JUDGE AND HOLLEY FIRST TRACT, THE SOUTH LINE OF SAID 0.90 ACRE TRACT, A DISTANCE OF 210.00 FT. TO A 1/2" IRON ROD (SET) FOR THE SOUTHWEST CORNER OF SAME, THE SOUTHEAST CORNER OF THE "STARRVILLE PUBLIC SQUARE" TRACT; THENCE NORTH 02 DEG. l6 MIN. 56 SEC. EAST WITH THE WEST LINE OF SAID 0.90 ACRE TRACT A DISTANCE OF 140.43 FT. TO A 1/2" IRON ROD (SET) FOR THE NORTHWEST CORNER OF NORTHEAST CORNER OF SAID "STARRVILLE PUBLIC SAME THE SQUARE" TRACT, IN THE SOUTH RIGHT-OF-WAY OF F.M. HIGHWAY NO 16; THENCE SOUTH 84 DEG. 59 MIN. 28 SEC. EAST WITH THE SOUTH RIGHT-0F-WAY OF F. M. HIGHWAY NO. 16, THE NORTH LINE 0F SAID 0.90 ACRE TRACT, A DISTANCE OF 209.45 FT. TO THE PLACE OF BEGINNING, CONTAINING 0.694 OF AN ACRE OF LAND. The officer executing this writ shall serve the same according to the requirements of law, and the mandates thereof, and make due return as the law directs. Issued and given under my hand and seal of said Court at Tyler, Texas, this date: October 26, 2020. ATTEST: CLERK OF THE COURT PENNY CLARKSTON Smith County District Clerk 100 N. Broadway, Rm. 204 Tyler, Texas 75702 By: /s/ Gina McClung Gina McClung, Deputy