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Rule 113. Citation by Publication in Actions Against Unknown Owners or Claimants of Interest in Land (1955)


If the plaintiff in an action authorized under Acts 1931, 42nd Leg., p. 369, ch. 216, his agent or attorney shall make and file with the clerk of the court an affidavit, stating

(a) the name of the grantee as set out in the conveyance constituting source of title of defendants, and

(b) stating that affiant does not know the names of any persons claiming title or interest under such conveyance other than as stated in plaintiff's petition and

(c) if the conveyance is to a company or association name as grantee, further stating whether grantee is incorporated or unincorporated, if such fact is known, and if such fact is unknown, so stating.

Said clerk shall thereupon issue a citation for service upon all persons claiming any title or interest in such land under such conveyance. The citation in such cases shall contain the requisites and be served in the manner provided in T.R.C.P. 114, 115 and 116.

Amended by order of July 20, 1954, eff. Jan. 1, 1955: Letters "T.R.S." in last sentence changed to "T.R.C.P."

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 July 15, 1987, eff. Jan. 1, 1988
  April 24, 1990, eff. Sept. 1, 1990