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Rule 111. Citation by Publication in Action Against Unknown Heirs or Stockholders of Defunct Corporations


If the plaintiff, his agent, or attorney, shall make oath that the names of the heirs or stock­holders against whom an action is author­ized by Art. 2040 of the Revised Civil Statutes of Texas, 1925, are unknown to the affiant, the clerk shall issue a citation for service by publication. Such citation shall be addressed to the defendants by a concise description of their classification, as “the Unknown Heirs of A. B., deceased,” or “the Unknown Stockholders of . . . . . . . . Corporation,” as the case may be, and shall contain the other requisites prescribed in Rules 114 and 115 and shall be served as provided by Rule 116.

Source: Art. 2040.

Comment: The first sentence of Art. 2040 is substantive and is carried for context. The second sentence is incorporated herein with minor textual change. The last sentence of the statute is deemed to be covered by other rules.

Oct. 29, 1940, eff. Sept. 1, 1941.

For context only: Acts 1931, 42nd Leg., p. 369, ch. 216, appearing as Art. 2041a in Vernon’s Texas Statutes. Suits Against Unknown Owners of Claimants of Interest in Land. When land in this State or any interest of any kind in land has been or may hereafter be conveyed, or any lease or contract with reference to land made by written instrument (a) to any person or persons as trustee or trustees and in the conveyance or instrument constituting source of title or claim of title the names of the persons taking or holding the equitable or beneficial title are not disclosed and are unknown, or (b) to any association, joint stock company or partnership, in an association, company or firm name, without disclosing the names of the members, shareholders or partners or persons owning interests in such association, company or firm, and such association, joint stock company or partnership shall thereafter be dissolved and the names of the persons holding or acquiring title to such lands after dissolution are not disclosed in such instrument and are unknown; in each of such cases any person claiming ownership of or any interest in such lands or having a claim or cause of action against such unknown owners or claimants relative to such property, may bring action or actions against such unknown owners or claimants as such. The provisions hereof shall apply to conveyances made to all character and kinds of companies, associations and organizations, and in which conveyances the names and identity of the persons taking and holding the beneficial or equitable title are not disclosed and are unknown; provided, however, that if the grantee in such conveyance is shown therein to be a corporation or if the grantee be known to be a corporation, in such event this Act shall not apply, but the rights of action shall be governed by Art. 2040 of Revised Civil Statutes; but if the character of the organization as whether incorporated or unincorporated is not shown in such conveyance and such facts are unknown, then suit brought under the provisions of this Act against the unknown owners or claimants of property under such conveyance shall be sufficient to give the Court jurisdiction over such unknown owners of claimants, regardless of whether the named grantee is in fact a corporation or unincorporated.

Comment: Acts 1931, 42nd Leg., p. 369, ch. 216, Sec. 1, included as R. C. S. Art. 2041a.


July 15, 1987, eff. Jan. 1, 1988