McElreath v. McElreath
| Decision Date | 08 January 1960 |
| Docket Number | No. 16058,16058 |
| Citation | 331 S.W.2d 375 |
| Parties | Evelyn Ann McELREATH, Appellant, v. James Dorsey McELREATH, Appellee. |
| Court | Texas Court of Appeals |
Stone, Agerton, Parker & Snakard, O. P. Newberry, Jr., and G. W. Parker, Jr., Fort Worth, for appellant.
Fannin & Fannin, and Oliver W. Fannin, Fort Worth, for appellee.
While the parties were domiciled in Oklahoma, Evelyn Ann McElreath sued James Dorsey McElreath for and obtained a divorce. After awarding to Mrs. McElreath as alimony some property situated in Oklahoma, the judgment continued: "It is further ordered, adjudged and decreed by the Court that the plaintiff have and she is hereby awarded as alimony an undivided one-third interest in and to the interest owned by the defendant in the Estate of A. R. McElreath, Sr., deceased, either distributed or in the process of probate, and said defendant is hereby ordered and directed to execute good and proper conveyances of such interest in said property to the plaintiff herein within sixty (60) days from the date hereof." McElreath did not make the conveyances. Both parties now reside in Texas.
Prior to the filing of the divorce suit, A. R. McElreath, the father of James Dorsey, died in Tarrant County, Texas, and his will was admitted to probate in that county. It was also admitted to probate in Lincoln County, Oklahoma. After certain specific bequests, the will devised and bequeathed to James Dorsey a one-half interest in the rest and residue of the estate. Some of the property, including real estate, is situated in Texas.
Mrs. McElreath filed this suit to recover a one-third undivided interest in James Dorsey's interest in the real and personal property situated in Texas which had been devised and bequeathed to him in the will. The court rendered judgment in her favor for a one-third interest in the personal property, but denied recovery for any interest in the lands. From this judgment Mrs. McElreath appeals.
The Oklahoma statute, 12 Okl.St.Ann. Sec. 1278, provides that 'When a divorce shall be granted by reason of the fault or aggression of the husband, the wife shall * * * be allowed such alimony out of the husband's real and personal property as the court shall think reasonable, * * *.'
The Texas statute, Article 4638, Vernon's Ann.Civ.St., is as follows:
The question for determination is whether the Oklahoma judgment decreeing that appellant is entitled to one-third of appellee's interest in the Texas real estate, and ordering appellee to convey that interest to appellant, is res judicata. The applicability of the full faith and credit clause, Article IV, Section 1, of the Constitution of the United States, and the effect of its possible collision with the public policy of the State of Texas, must be considered. The Act of Congress prescribing the effect to be given judgments of other states provides that they shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from whence the said records are or shall be taken, 28 U.S.C.A. Sec. 1738. The idea that this prescription must be applied without limitation has been repudiated in every jurisdiction, without exception.
That a judgment of a court of one state adjudicating a question of title to land in another state will be disregarded by the courts of the situs state is held by all the authorities which we have examined, and is conceded by appellant. But it is appellant's contention that where the court of a sister state, having jurisdiction of the person of a defendant and jurisdiction to bind his conscience, adjudicates questions of law, its findings of fact and the questions of law adjudicated constitute res judicata between the parties in another state, although the foreign judgment would have no operative effect on the title to land in the latter state.
Irrespective of the question of any public policy of the situs state which might conflict with an application of the doctrine of res judicata, the decisions are not in harmony as to appellant's proposition in regard to the title to land.
In McRary v. McRary, 228 N.C. 714, 47 S.E.2d 27, the court refused to enforce a judgment rendered in Ohio, wherein the wife was, in a divorce decree, awarded as alimony property in North Carolina owned in common with her husband, the decree ordering the husband to convey his interest to the wife.
In Bullock v. Bullock, 52 N.J.Eq. 561, 30 A. 676, 680, 27 L.R.A. 213, 46 Am.St.Rep. 528, the parties were divorced in New York, and it was decreed that the husband pay alimony in the sum of $100.00 per month, and that he execute a mortgage on land in New Jersey to secure the payment of the alimony. The wife sued in New Jersey to compel the husband to execute the mortgage. Relief was denied, the court holding that the full faith and credit clause did not require the enforcement of the New York decree. The dissenting opinion admitted that 'we cannot be asked to give greater efficacy to a decree for alimony made in New York than we can give to a like decree made in our own courts,' but pointed out that liens on land to secure the payment of alimony were valid in New Jersey.
In Moseby v. Burrow, 52 Tex. 396, 404, it is said: 'It is also a well-established general rule, founded upon reasons of public policy, that the courts of one State or country cannot make a decree ordering the conveyance of land situated in another, which will be recognized as valid and binding by the courts of that other.'
In Sharp v. Sharp, 65 Okl. 76, 166 P. 175, L.R.A.1917F, 562, it was held that a decree in a divorce case in Oregon, which attempted to settled equitable rights to land in Oklahoma, was not res judicata in an action in Oklahoma between the parties.
In West v. West, Okl., 268 P.2d 250, 255, an Oklahoma court granted a divorce and divided the real and personal property, some of the former being in Texas. The decree provided that upon the failure of either party to execute the necessary deeds to carry out the property division, the decree itself should operate as such conveyance. The Supreme Court said: 'A divorce decree in one state cannot operate directly to pass title to lands in another state, nor is it res judicata as to the rights of the parties in the courts of such other state.'
It has often been recognized by the Supreme Court of the United States that there are limitations upon the extent to which a state will be required by the full faith and credit clause to enforce judgments of another state or to give effect to its public acts. Alaska Packers Ass'n v. Industrial Accident Commission, 294 U.S. 532, 55 S.Ct. 518, 79 L.Ed. 1044, and cases there cited. Lack of jurisdiction in the court rendering the judgment will prevent its receiving credit in another state. Haddock v. Haddock, 201 U.S. 562, 26 S.Ct. 525, 50 L.Ed. 867. A judgment for penalties will not be enforced. State of Wisconsin v. Pelican Insurance Company, 127 U.S. 265, 8 S.Ct. 1370, 32 L.Ed. 239. Limitation under the laws of the forum will bar recovery on a judgment of another state. McElmoyle for Use of Bailey v. Cohen, 38 U.S. 312, 10 L.Ed. 117. A sister state's judgment will not overcome a local policy against allowing a foreign corporation the use of local courts to settle foreign disputes....
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McElreath v. McElreath
...decree ordering James Dorsey McElreath to convey lands in Texas to Evelyn Ann McElreath. Both courts below refused the relief prayed for. 331 S.W.2d 375. The decree sought to be enforced was entered in a divorce suit between the parties both of whom were residents of Oklahoma and Oklahoma w......