Bankston v. Bankston

YOUNG, Justice.

The amended petition of appellant-plaintiff, filed October 11, 1951, sought to vacate and set aside &• divorce decree between the parties of April, 1950 in so far as the property settlement was concerned; and upon hearing of defendant’s motion for summary judgment* Rule 166-A, Texas Rules of Civil Procedure, the same was sustained, with entry of final order that petitioner take nothing and ensuing appeal.

Embodied in the prior judgment of divorce was an instrument of property settlement containing in part the following recitals : “ * * * that the agreements herein reached,…