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FILED
DALLAS COUNTY
5/18/2018 9:54 AM
FELICIA PITRE
DISTRICT CLERK
1-CIT ES Marissa Pittman
DC-18-06558
Cause No. __________________
JAMES LYNN MARSH, JR., § IN THE DISTRICT COURT
THELMA DENISE MCCLOYN, §
CAROL LYNN JONES, AND §
CHERYL LYNN JONES, §
PLAINTFFS § ____ JUDICIAL DISTRICT
§
VS. §
§
JANICE LYNN MARSH, §
DEFENDANT § DALLAS COUNTY, TEXAS
ORIGINAL PETITION FOR PARTITION OF REAL PROPERTY
Comes now, JAMES LYNN MARSH, JR., THELMA DENISE MCCLOYN, CAROL
LYNN JONES, and CHERYL LYNN JONES, Plaintiffs, and file this Original Petition for
Partition of Real Estate under Discovery Level 2 and would show the Court as follows:
1. PARTIES
The Plaintiffs are as follows:
JAMES LYNN MARSH, JR. (SSAN 791, TDL 323) resides in Dallas County.
THELMA DENISE MCCLOYN (SSAN 888, TDL 746) resides in Denton County.
CAROL LYNN JONES (SSAN 009, TDL 918) resides in Dallas County.
CHERYL LYNN JONES (SSAN, 768, TDL 374) resides in Collin County.
JANICE LYNN MARSH, Defendant, resides in Dallas County, Texas.
2. SERVICE
SERVICE IS NECESSARY AT THIS TIME.
JANICE LYNN MARSH, Defendant, may be served at:
3934 Myrtle, Dallas, Texas 75215
Original Petition for Partition Page 1
3. JURISDICTION
This Court has jurisdiction as this suit involves partition of real property located in
Dallas County, Texas
4. FACTUAL BACKGROUND
Plaintiffs and Defendant are the owners of an undivided interest in, (THE REAL
ESTATE), the real property at 3934 Myrtle, Dallas, Texas 75215, and more particularly
described as:
BEING Lot 6 in Block B/1720 of James Greer’s Subdivision of the William Romine
Survey as shown by plat recorded in Volume 1, Page 81, Map Records of Dallas County,
Texas, SAVE AND EXCEPT a strip of land 5 feet wide off the Southwest end of said lot
dedicated to the public in the widening of Myrtle Street and the property herein conveyed is
the same property described in deed from Maurice Payne and wife, Mary Payne, to George
Biggs, dated March 24, 1969, recorded in Volume 69069, Page 1675, Deed Records of
Dallas, County, Texas.
JANICE LYNN MARSH, Defendant, currently resides in a home situated at the
residence at 3934 Myrtle, Dallas, Texas 75215.
JANICE LYNN MARSH, a cotenant with a 1/6 (one sixth) undivided interest in the
real estate, refuses to vacate the residence and refuses to list the residence for sale.
JANICE LYNN MARSH does not hold an oral or written lease estate in the real estate.
JAMES LYNN MARSH, JR. is a cotenant with a 1/6 (one sixth) undivided interest in
the real estate.
THELMA DENISE MCCLOYN is a cotenant with a 1/6 (one sixth) undivided interest
in the real estate.
CAROL LYNN JONES is a cotenant with a 1/3 (one third) undivided interest in the
real estate.
CHERYL LYNN JONES is a cotenant with a 1/6 (one sixth) undivided interest in the
real estate.
The real estate has a fair market value of $80,000.00 (Eighty Thousand Dollars).
The real estate consists of a lot and a residence and is not subject to partition in kind.
Original Petition for Partition Page 2
5. CAUSE OF ACTION FOR PARTITION
Plaintiffs desire to sell the real estate and request the appointment of a receiver
under the provisions of Rule 770, Texas Rules of Civil Procedure.
PRAYER
WHEREFORE, PREMISES CONSIDERED,
(1) Plaintiffs pray for general relief.
(2) Plaintiffs pray for a partition of the real estate by sale by a receiver appointed by
the Court.
(3) Plaintiff’s pray the reasonable attorneys’ fees, real estate commissions, taxes,
and closing costs be paid from the gross proceeds of the sale.
(4) Plaintiffs pray for a partition of the net proceeds of sale to the owners based upon
the respective interest claimed by each owner.
Respectfully submitted,
/S/ EARL R WADDELL III
______________________________
EARL R. WADDELL III
P.O. Box 15.
Colleyville, Texas 76034
STATE BAR I.D. NO. 20629400
817 946 2028 (Metro)
Fax: (817) 283-1077
erwaddell@aol.com
ATTORNEY FOR PLAINTIFFS
Original Petition for Partition Page 3
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FILED DALLAS COUNTY 5/18/2018 9:54 AM FELICIA PITRE DISTRICT CLERK 1-CIT ES Marissa Pittman DC-18-06558 Cause No. __________________ JAMES LYNN MARSH, JR., § IN THE DISTRICT COURT THELMA DENISE MCCLOYN, § CAROL LYNN JONES, AND § CHERYL LYNN JONES, § PLAINTFFS § ____ JUDICIAL DISTRICT § VS. § § JANICE LYNN MARSH, § DEFENDANT § DALLAS COUNTY, TEXAS ORIGINAL PETITION FOR PARTITION OF REAL PROPERTY Comes now, JAMES LYNN MARSH, JR., THELMA DENISE MCCLOYN, CAROL LYNN JONES, and CHERYL LYNN JONES, Plaintiffs, and file this Original Petition for Partition of Real Estate under Discovery Level 2 and would show the Court as follows: 1. PARTIES The Plaintiffs are as follows: JAMES LYNN MARSH, JR. (SSAN 791, TDL 323) resides in Dallas County. THELMA DENISE MCCLOYN (SSAN 888, TDL 746) resides in Denton County. CAROL LYNN JONES (SSAN 009, TDL 918) resides in Dallas County. CHERYL LYNN JONES (SSAN, 768, TDL 374) resides in Collin County. JANICE LYNN MARSH, Defendant, resides in Dallas County, Texas. 2. SERVICE SERVICE IS NECESSARY AT THIS TIME. JANICE LYNN MARSH, Defendant, may be served at: 3934 Myrtle, Dallas, Texas 75215 Original Petition for Partition Page 1 3. JURISDICTION This Court has jurisdiction as this suit involves partition of real property located in Dallas County, Texas 4. FACTUAL BACKGROUND Plaintiffs and Defendant are the owners of an undivided interest in, (THE REAL ESTATE), the real property at 3934 Myrtle, Dallas, Texas 75215, and more particularly described as: BEING Lot 6 in Block B/1720 of James Greer’s Subdivision of the William Romine Survey as shown by plat recorded in Volume 1, Page 81, Map Records of Dallas County, Texas, SAVE AND EXCEPT a strip of land 5 feet wide off the Southwest end of said lot dedicated to the public in the widening of Myrtle Street and the property herein conveyed is the same property described in deed from Maurice Payne and wife, Mary Payne, to George Biggs, dated March 24, 1969, recorded in Volume 69069, Page 1675, Deed Records of Dallas, County, Texas. JANICE LYNN MARSH, Defendant, currently resides in a home situated at the residence at 3934 Myrtle, Dallas, Texas 75215. JANICE LYNN MARSH, a cotenant with a 1/6 (one sixth) undivided interest in the real estate, refuses to vacate the residence and refuses to list the residence for sale. JANICE LYNN MARSH does not hold an oral or written lease estate in the real estate. JAMES LYNN MARSH, JR. is a cotenant with a 1/6 (one sixth) undivided interest in the real estate. THELMA DENISE MCCLOYN is a cotenant with a 1/6 (one sixth) undivided interest in the real estate. CAROL LYNN JONES is a cotenant with a 1/3 (one third) undivided interest in the real estate. CHERYL LYNN JONES is a cotenant with a 1/6 (one sixth) undivided interest in the real estate. The real estate has a fair market value of $80,000.00 (Eighty Thousand Dollars). The real estate consists of a lot and a residence and is not subject to partition in kind. Original Petition for Partition Page 2 5. CAUSE OF ACTION FOR PARTITION Plaintiffs desire to sell the real estate and request the appointment of a receiver under the provisions of Rule 770, Texas Rules of Civil Procedure. PRAYER WHEREFORE, PREMISES CONSIDERED, (1) Plaintiffs pray for general relief. (2) Plaintiffs pray for a partition of the real estate by sale by a receiver appointed by the Court. (3) Plaintiff’s pray the reasonable attorneys’ fees, real estate commissions, taxes, and closing costs be paid from the gross proceeds of the sale. (4) Plaintiffs pray for a partition of the net proceeds of sale to the owners based upon the respective interest claimed by each owner. Respectfully submitted, /S/ EARL R WADDELL III ______________________________ EARL R. WADDELL III P.O. Box 15. Colleyville, Texas 76034 STATE BAR I.D. NO. 20629400 817 946 2028 (Metro) Fax: (817) 283-1077 erwaddell@aol.com ATTORNEY FOR PLAINTIFFS Original Petition for Partition Page 3