Ferguson v. Ferguson

MASSEY, Chief Justice.

The question to be resolved by the suit below has in our opinion been misinterpreted by all parties. Essentially we believe that it involves a division of community property, as upon divorce. It is directed by Vernon’s Ann.Texas St., Art. 4638, that upon decreeing a divorce the parties’ community property is to be divided “in such a way as the court shall deem just and right.”

Appellant and her former husband, L. A. Ferguson, were divorced pursuant to a decree on July 24, 1958, and most of the community property was then divided under the aforesaid provision. However, it…