Rule 759.Judgment Where Defendant Cited by Publication
Last verified June 28, 2026
In one sentenceRule 759 lets the court, when a partition defendant was duly cited by publication and does not appear within the time allowed, proceed to hear the cause and render judgment as in other cases of service by publication.
Full Text of Rule 759
When the defendant has been duly cited by publication in accordance with the preceding rule, and no appearance is entered within the time prescribed for pleadings, the court shall appoint an attorney to defend in behalf of such owner or owners, and proceed as in other causes where service is made by publication. It shall be the special duty of the court in all cases to see that its decree protects the rights of the unknown parties thereto. The judge of the court shall fix the fee of the attorney so appointed, which shall be entered and collected as costs against said unknown owner or owners.
End
Plain-English Summary
Rule 759 keeps a partition moving against an absent co-owner. When the defendant has been duly cited by publication under the preceding rule and no appearance is entered within the time allowed, the court proceeds to hear the cause and render judgment, protecting the absent party's interest as in other cases of service by publication.
Frequently Asked Questions
Can a Texas partition proceed if a co-owner was served by publication and does not appear?
Yes. Rule 759 lets the court hear the cause and render judgment.
Who represents an absent owner served by publication in a Texas partition?
The court appoints an attorney to defend on behalf of that owner or owners (Rule 759).
Who pays the attorney appointed for an absent partition owner?
The judge sets the fee, and it is entered and collected as costs against the unknown owner or owners (Rule 759).
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 759), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as: partition judgment by publicationattorney appointed for unknown ownerabsent co-owner served by publicationjudgment against unknown owners partitionTRCP 759