Legal Opinion · Dissent

Amarillo National Bank v. Liston

Court of Appeals of Texas

Decided February 22, 1971No. 8084Published

1Dissent

DENTON, Chief Justice.

I respectfully dissent.

The majority has held the “separation agreement” entered into by Jack D. Liston and Bonne Liston is null and void for the reason it does not meet the requirements of Art. 4624a, V.A.C.S. I am in agreement with the majority holding concerning the partition of community property by the husband and wife; however in my opinion the requirements of that statute are not applicable to this separation agreement entered into by the Listons. The separation agreement by the Listons was in contemplation of divorce and permanent separation and was not a…

2Cases cited10 opinions

  1. Rains v. WheelerTexas Supreme Court · 1890
  2. Chandler v. WelbornTexas Supreme Court · 1956
  3. Corrigan v. GossCourt of Appeals of Texas · 1913
  4. Speckels v. KneipCourt of Appeals of Texas · 1942
  5. Sorenson v. City National BankTexas Supreme Court · 1932

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