American General Finance Co. v. Estate of Hurston

I respectfully dissent from the no-opinion affirmance.

Raymond Bruce Hurston, Jr., and Shir-lene Brock, a married couple, owned real property as joint tenants with right of survivorship. They divorced and entered into a property settlement incident to the divorce. After the divorce, Hurston mortgaged the property to American General Finance Co., Inc. Hurston later died, and American General Finance filed this de*421claratory-judgment action to determine whether it holds a valid mortgage against the property, arguing that the settlement agreement entered into at the time of the divorce severed the…