Legal Opinion

Matthews v. Matthews

Texas Court of Appeals, 1st District (Houston)

Decided December 4, 1986No. 01-85-01015-CVPublishedCited by 15 opinions

1Opinion of the Court

OPINION

SAM BASS, Justice.

Our opinion issued September 18,1986, is withdrawn, and the following is substituted. Appellant’s motion for rehearing is overruled.

This was a divorce suit and a suit affecting the parent-child relationship. The primary issue surrounds an Indenture for the Partition of Community Property (“the indenture”).

The appellee alleged that the indenture was void based on fraud, undue influence, duress, invalid partition and exchange, public policy, and breach of fiduciary duties. After a non-jury trial, the court set aside the indenture and found that it was procured by duress.

2Cases cited27 opinions

  1. Carle v. CarleTexas Supreme Court · 1950
  2. Texas Bank and Trust Co. v. MooreTexas Supreme Court · 1980
  3. Murff v. MurffTexas Supreme Court · 1981
  4. State National Bank of El Paso v. Farah Manufacturing Co., Texas Court of Appeals, 8th District (El Paso)1984
  5. Dale v. SimonTexas Commission of Appeals · 1924

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3Cited by15 opinions

  1. Dallas County Community College District v. BoltonTexas Supreme Court · 2005
  2. Vickery v. VickeryTexas Supreme Court · 1999
  3. Wright v. Sydow, Texas Court of Appeals, 14th District (Houston)2004
  4. Jeffrey Leibovitz and Sequoia Frankford Springs 23, L.P. v. Sequoia Real Estate Holdings, L.P., Texas Court of Appeals, 5th District (Dallas)2015
  5. SCHUHARDT CONSULTING PROFIT SHARING PLAN, Appellant/Cross-Appellee v. DOUBLE KNOBS MOUNTAIN RANCH, INC., Appellee/Cross-Appellant, Texas Court of Appeals, 4th District (San Antonio)2014

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