Notice to defendants regarding a lawsuit and required response.
Official Courthouse Record · AI-summarized for clarity
- Published
- Category
- Court Notice
- City
- Athens
- Case #
- CV26-0020-173
View full case dossier
See all filings for case CV26-0020-173 with AI case status analysis.
What You Should Do Next
- 1
File Written Answer
You must file a written answer with the Henderson County District Clerk by 10:00 a.m. on January 28, 2026, to avoid a default judgment.
- 2
Consider Hiring an Attorney
It is advisable to consult with an attorney to assist you in preparing your answer and understanding the legal process.
- 3
Prepare Initial Disclosures
If you file an answer, be prepared to make initial disclosures to the other parties within 30 days of your answer.
- 4
Contact the Clerk's Office
For questions, contact Betty Herriage, District Clerk, at the Henderson County Courthouse, 100 E. Tyler St., Suite 202, Athens, Texas.
Frequently Asked Questions
- What is the case number for the lawsuit in Athens?
- The case number is CV26-0020-173.
- Where is the Henderson County Courthouse located?
- It is located at 100 E. Tyler St., Athens, Texas.
- What should I do if I am a defendant in this case?
- You must file a written answer by 10 a.m. on January 28, 2026.
- Who is the plaintiff in this case?
- The plaintiff is FWH Henderson Farm, LLC.
- What happens if I do not respond to the citation?
- A default judgment may be taken against you.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified professional before taking action.
Full Notice Text
CITATION BY PUBLICATION CV26-0020-173 CLERK OF THE COURT BETTY HERRIAGE, DISTRICT CLERK Henderson County Courthouse 100 E. Tyler St., Suite 202, Athens, Texas 75751 PLAINTIFF'S ATTORNEY OR PLAINTIFF MARTIN R. BENNETT P.O. Box 328 Athens, Texas 75751 THE STATE OF TEXAS NOTICE TO DEFENDANTS: "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 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. In addition to filing a written answer with the clerk, you may be required to make initial disclosures to the other parties to this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org." TO: JERRY CUMBY OR THE UNKNOWN HEIRS OF JERRY CUMBY; JERRY CUMBY, JR. OR THE UNKNOWN HEIRS OF JERRY CUMBY, JR.; NATHAN CUMBY OR THE UNKNOWN HEIRS OF NATHAN CUMBY; SARAH SOWELLS OR THE UNKNOWN HEIRS OFSARAH SOWELLS; ALIESA "LETHA" CUMBYCURRINGTON ORTHE UNKNOWN HEIRS OF ALIESA "LETHA' CUMBY CURRINGTON; JASON CURRINGTON ORTHE UNKNOWN HEIRS OF JASON CURRINGTON; LONNIE CUMBY OR THE UNKNOWN HEIRS OF LONNIE CUMBY; ARELENE SOWELLS OR THE UNKNOWN HEIRS OF ARELENE SOWELLS; ALVIN CUMBY OR THE UNKNOWN HEIRS OF ALVIN CUMBY; ROOSEVELT CUMBY OR THE UNKNOWN HEIRS OF ROOSEVELT CUMBY; NETTIE CUMBY OR THE UNKNOWN HEIRS OF NETTIE CUMBY; ROSE MARIE CUMBY TAYLOR OR THE UNKNOWN HEIRS OF ROSE MARIE CUMBY TAYLOR; JAMES MELVIN BROWN OR THE UNKNOWN HEIRS OF JAMES MELVIN BROWN; JAMES LEE CUMBY OR THE UNKNOWN HEIRS OF JAMES LEE CUMBY; SIS ASILEE CURRINGTON OR THE UNKNOWN HEIRS OF SIS ASILEE CURRINGTON; JERRY HOBERT CUMBY OR THE UNKNOWN HEIRS OF JERRY HOBERT CUMBY; LULA MAE CUMBY OR THE UNKNOWN HEIRS OF LULA MAE CUMBY; BERTHA MAE WOOD OR THE UNKNOWN HEIRS OF BERTHA MAE WOOD; BRENDA CUMBY DAVIS OR THE UNKNOWN HEIRS OF BRENDA CUMBY DAVIS; RUTHIE WOFFORD DAY OR THE UNKNOWN HEIRS OF RUTHIE WOFFORD DAY; FELISHA DENNIS; GREGORY WOFFORD; AND COURTNEY WOFFORD DEFENDANTS, Greetings: You are hereby commanded to appear by filing a written answer to PLAINTIFF'S ORIGINAL PETITION at or before ten o'clock a.m. on the Monday next after the expiration of forty-two days after the date of issuance of this citation, the same being Wednesday, January 28, 2026, before the Honorable 173rd Judicial District Court of Henderson County, Texas, at the Henderson County Courthouse, 100 East Tyler St., Suite 207, Athens, Texas. Said PLAINTIFF'S ORIGINAL PETITION was filed in said court on the 14th of January 2026. in Cause Number CV26-0020-173 on the docket of said court and styled: FWH HENDERSON FARM, LLC V. JERRY CUMBY OR THE UNKNOWN HEIRS OF JERRY CUMBY; JERRY CUMBY, JR. OR THE UNKNOWN HEIRS OF JERRY CUMBY, JR.; NATHAN CUMBY OR THE UNKNOWN HEIRS OF NATHAN CUMBY; SARAH SOWELLS OR THE UNKNOWN HEIRS OF SARAHSOWELLS; ALIESA "LETHA» CUMBY CURRINGTON OR THE UNKNOWN HEIRS OF ALIESA "LETHA" CUMBY CURRINGTON; JASON CURRINGTON OR THE UNKNOWN HEIRS OF JASON CURRINGTON;LONNIE CUMBY ORTHE UNKNOWN HEIRS OFLONNIE CUMBY; ARELENE SOWELLS ORTHE UNKNOWN HEIRS OF ARELENE SOWELLS; ALVIN CUMBY OR THE UNKNOWNHEIRS OF ALVIN CUMBY; ROOSEVELT CUMBY OR THE UNKNOWN HEIRS OFROOSEVELT CUMBY; NETTIE CUMBY OR THE UNKNOWN HEIRS OF NETTIE CUMBY; ROSE MARIE CUMBY TAYLOR OR THE UNKNOWNHEIRS OF ROSE MARIE CUMBYTAYLOR; JAMES MELVIN BROWN OR THE UNKNOWN HEIRS OF JAMES MELVIN BROWN; JAMES LEE CUMBY OR THE UNKNOWN HEIRS OF JAMES LEE CUMBY; SIS ASILEE CURRINGTON OR THE UNKNOWNHEIRS OFSISASILEE CURRINGTON; JERRY HOBERT CUMBY OR T H E UNKNOWN HEIRS OF JERRY HOBERT CUMBY; LULA MAE CUMBY OR THE UNKNOWN HEIRS OF LULA MAE CUMBY; BERTHA MAE WOOD OR THE UNKNOWN HEIRS OFBERTHAMAE WOOD; BRENDA CUMBY DAVIS OR THEUNKNOWNHEIRS OF BRENDA CUMBY DAVIS; RUTHIE WOFFORD DAYOR THE UNKNOWN HEIRS OF RUTHIE WOFFORD DAY; FELISHA DENNIS; GREGORY WOFFORD; AND COURTNEY WOFFORD. The names of the parties to the cause are as follows: FWH HENDERSON FARM, LLC, is Plaintiff and JERRY CUMBY OR THE UNKNOWN HEIRS OF JERRY CUMBY; JERRYCUMBY, RJ. OR THE UNKNOWN HEIRS OFJERRYCUMBY, JR.; NATHAN CUMBY OR THE UNKNOWN HEIRS OF NATHANCUMBY; SARAH SOWELLS OR THEUNKNOWN HEIRS OF SARAH SOWELLS; ALIESA "LETHA"CUMBYCURRINGTONOR THEUNKNOWN HEIRS OF ALIESA "LETHA"CUMBY CURRINGTON; JASON CURRINGTON OR THE UNKNOWN HEIRS OF JASON CURRINGTON; LONNIE CUMBY OR THE UNKNOWN HEIRS OF LONNIE CUMBY; ARELENE SOWELLS OR THEUNKNOWN HEIRS OF ARELENE SOWELLS; ALVIN CUMBYOR THEUNKNOWN HEIRS OF ALVIN CUMBY; ROOSEVELT CUMBY OR THE UNKNOWN HEIRS OF ROOSEVELT CUMBY; NETTIE CUMBY OR THE UNKNOWNHEIRS OF NETTIE CUMBY; ROSE MARIE CUMBY TAYLOR OR THE UNKNOWN HEIRS OFROSE MARIE CUMBY TAYLOR; JAMES MELVIN BROWN OR THE UNKNOWN HEIRS OF JAMESMELVIN BROWN; JAMES LE CUMBY OR THE UNKNOWN HEIRSOF JAMES LEE CUMBY; SIS ASILEE CURRINGTON OR THE UNKNOWN HEIRS OFSIS ASILEE CURRINGTON; JERRYHOBERT CUMBY OR THE UNKNOWN HEIRS OF JERRY HOBERT CUMBY; LULA MAE CUMBY OR THE UNKNOWNHEIRS OF LULA MAECUMBY; BERTHA MAE WOOD OR THE UNKNOWN HEIRS OF BERTHA MAE WOOD; BRENDA CUMBY DAVIS OR THE UNKNOWN HEIRS OF BRENDA CUMBY DAVIS; RUTHIE WOFFORD DAY OR THE UNKNOWN HEIRS OF RUTHIE WOFFORD DAY; FELISHA DENNIS; GREGORY WOFFORD; AND COURTNEY WOFFORD are Defendants. A brief statement of the nature of this suit is as follows, to-wit: This action is one for Trespass to Try Title under Chapter 22 of the Texas Property Code, and Rules 783 et seg., of the Texas Rules of Civil Procedure, and concerns title to the real estate more fully described as follows: All that certain lot, tract, or parcel of land located in the A. Smothers Survey, Abstract No. 749 of Henderson County, Texas, being a portion of the residue of a called 320 acre tract as described in a deed to Jerry Cumby and Jacob Cumby,dated September28, 1917 and recorded in Volume 83, Page 645 of the Deed Records of Henderson County, Texas (D.R.H.C.T.), and this 80.32 acre tract being more particularly described as follows: BEGINNING at a 1/2" Iron Rod Found for the Northwest corner of this tract, being the Northeast corner of a called 80.00 acre tract as described in a deed to Gladys Nelson Piper, dated October 13, 2016 and recorded in Document Number 2016-00015397 (D.R.H.C.T.), being the Northwest corner of the residue of said called 320 acre tract, being in the South line of a tract to Hightower Family Farms, Ltd., dated January 29, 1998 and recorded in Volume 1802, Page 635 (D.R.H.C.T.), being in the North line of said A. Smothers Survey, and being in the South line of the .J McDonald Survey, Abstract No. A-411; THENCE North 88°12 0 4 " East a distance of 899.98 feet along the common line of said survey lines, said Hightower Family Farms, Ltd. tract, and said residue of called 320 acre tract to a 60D Nail Found in same for the Northeast corner of this tract, being the Northwest corner of a called 23.096 acre tract as described in deed to FWH Henderson Farm, LLC, dated June 4, 2015 and recorded in Document Number 2015-00007479 (D.R.H.C.T.), being the northeast corner of said A. Smothers Survey, and being the Northwest corner of the M. T. Equis Survey, Abstract No. A-6; THENCE along the common line of this tract, said called 23.096 acre tract, said A. Smothers Survey, and said M. T. Equis Survey, the following courses and distances: South 03°29'42" East a distance of810.03 feet to a point for corner. South 02°49°02" East a distance of 700 feet to a 60D Nail Found; South 07033°27" East a distance o f 400.01 feet to a 60D Nail Found: South 03° 48'48" East a distance of199.55 feet to a 60D Nail Found for an angle point of this tract, being the Southwest corner of said called 23.096 acre tract, being the Northwest corner of a called 1.224 acre tract (Tract 3) as described in' a deed to FWH Henderson Farm, LLC, dated June 4, 2015 and recorded inDocument Number 2015-00007478 (D.R.H.CT.); THENCE South 02°27'41" East a distance of 1686.42 feet along the common line of this tract, said called 1.224 acre tract (Tract 3), and said survey lines to a Cross Tie Fence Post Found for the Southeast corner of this tract, being in the West line of said called 1.224 acre tract (Tract 3), being the Northeast corner of a called 84.00 acre tract as described in a deed to Annette Marie Langlois Faulk, et al, dated January 20, 2012 and recorded in Document Number 2012-00001126 (D.R.H.C.T.), being the Southeast corner of said A. Smothers Survey, being in the West line of said M. T. Equis Survey, being the northeast corner of the W. H. Watts Survey, Abstract No. A-789, and being the Southeast corner of said residue of a called 320 acres; THENCE South 88°43'21" West a distance of 502.12 feet along the common line of this tract, said called 84 acre tract, said survey lines, and said residue of a called 320 acre tract to a 60D Nail Set in County Road 4325 for an ell corner of this tract; THENCE North01030'12" West a distance of 553.87 feet over and across said residue of a called 320 acre tract to a 1/2" Iron Rod Set for an ell corner of this tract: THENCE South 88°432 1 " West a distance of 314.59 feet over and across said residue of a called 320 acre tract to a 1/2" Iron Rod Set for an ell corner of this tract; THENCE South 01°30'12" East a distance o f553.87 feet over and across said residue of a called 320 acre tract to a 1/2" Iron Rod Set for an ell corner of this tract, being in the common line of said W. H. Watts Survey, said A. Smothers Survey, said called 84.00 acre tract, and said residue of a called 320 acre tract; THENCE South 88943'21" West a distance of 205.89 feet along the common line of said W. H. Watts Survey, said A. Smothers Survey, said called 84.00 acre tract, and said residue of a called 320 acre tract, to a 1/2" Iron Rod found in same for the Southwest corner of this tract and being the Southeast comer of said called 80.00 acre tract; THENCE north 01°30'12" West a distance of 3784.02 feet along the common line of this tract and said called 80.00 tract to the POINT OF BEGINNING and containing 80.32 acres of land, more or less. As is more fully shown by Plaintiff's Original Petition on file in this suit. The officer executing this writ shall promptly serve the same according to requirements oflaw, 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 28th day of January, 2026. Attest: Betty Herriage, District Clerk Henderson County, Texas By: Deputy signature