Northcutt v. Jarrett

REYNOLDS, Chief Justice.

Mary Lou Northcutt Jarrett was successful in her trial court bill of review proceeding to set aside the property settlement portion of a prior divorce judgment and to secure a substantial redivision of community property. Because of the failure to submit for the jury’s determination, over ex-husband Pat L. Northcutt’s objection, the issue of the lack of Mrs. Jarrett’s fault or negligence, she waived a finding on an element of proof essential to her bill of review. Reversed and rendered.

The judgment underlying this bill of review proceeding was rendered 29 November 1971…