Legal Opinion

Betty Breland v. Edgar Rice

Court of Appeals for the Fifth Circuit

Decided July 23, 1974No. 89PublishedCited by 1 opinion

1Per curiam

This suit sought a federal court stay of the execution of a judgment rendered by a Texas state court. In essence, the petition alleges that Vernon’s Ann.Civ. Statute, Article 4619, § l, 1 and the Texas .Common Law designating the husband as the only necessary party in suits involving disputes with third parties as to lands held in the community estate,' violate both the Equal Protection and the Due Process clauses of the Fourteenth Amendment.

The state court judgment was rendered in a trespass to try title suit.

After the initial trial on the merits and an appeal, 2 the wives of the original…

2Cases cited4 opinions

  1. Dawn Elaine Brown, by and Through Gayle (Brown) Marden, as Her Mother and Next Friend, Cross v. Dixie Herlong Chastain, CrossCourt of Appeals for the Fifth Circuit · 1969
  2. Nishan Paul and Irma Feder v. Dade County, Florida, Etc.Court of Appeals for the Fifth Circuit · 1969
  3. Kathleen Carter v. City of Fort WorthCourt of Appeals for the Fifth Circuit · 1972
  4. Breland v. RiceCourt of Appeals of Texas · 1971

3Cited by1 opinion

  1. Florida East Coast Properties, Inc., a Florida Corporation v. Metropolitan Dade County, a Political Subdivision of the State of FloridaCourt of Appeals for the Fifth Circuit · 1978

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