(DOWNLOAD) "J. Nelson Roach v. Jodi Ann Roach" by Seventh District, Amarillo No. 07-82-0101-CV Court of Appeals of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: J. Nelson Roach v. Jodi Ann Roach
- Author : Seventh District, Amarillo No. 07-82-0101-CV Court of Appeals of Texas
- Release Date : January 23, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Charles L. Reynolds, Chief Justice By her motion for rehearing, Mrs. Roach raises only one matter that was not determined by our original decision and requires further comment. She alleges that Mr. Roach has received, accepted and sold some of the property awarded him by the trial court's judgment and, having accepted the benefits of the decree, he cannot now deny its validity under Matter of Marriage of Rutherford, 614 S.W.2d 498 (Tex.Civ.App.--Amarillo 1981, writ dism'd). In support of her allegation, she tendered a certified copy of her deed conveying to him all of her right, title and interest in and to the six tracts of real property awarded him out of the community estate by the court's judgment, and certified copies of two deeds by which he conveyed two of the same pieces of property to third parties. In response, Mr. Roach asserts, by affidavit, that although he has contested the judgment, he obtained the property eleven months after the rendition of judgment because of financial necessity, and conveyed the two tracts in compliance with contracts for deed by which he and Mrs. Roach previously had sold five of the properties. Furthermore, he represents that the effect of his deeds was to convert the community estate's interest in the properties into promissory notes secured by deeds of trust, and that the community's interest remains essentially unchanged. He then argues that since in her brief, Mrs. Roach not only conceded he was entitled to receive what he received in the judgment but was entitled to receive $25,353.15 more,4 he is not estopped to prosecute his appeal for further recovery, Carle v. Carle, 149 Tex. 469, 234 S.W.2d 1002, 1004 (1950), particularly because he accepted the benefits of the judgment out of financial duress, Haggard v. Haggard, 550 S.W.2d 374, 376 (Tex.Civ.App.-- Dallas 1977, no writ); McCartney v. Mead, 541 S.W.2d 202, 205 (Tex.Civ.App. -- Houston [1st Dist.] 1976, no writ), and no prejudice to Mrs. Roach has been shown. Haggard v. Haggard, supra.