McGoodwin v. McGoodwin
| Decision Date | 07 July 1983 |
| Docket Number | No. 2-82-148-CV,2-82-148-CV |
| Citation | 656 S.W.2d 202 |
| Parties | James L. McGOODWIN & James R. McGoodwin, Appellants, v. Patsy R. McGOODWIN, Appellee. |
| Court | Texas Court of Appeals |
George G. Barber, Arlington, for appellants.
Danny D. Burns, Fort Worth, for appellee.
Before HUGHES, JORDAN and BURDOCK, JJ.
James L. McGoodwin and his son, James R. McGoodwin, have appealed the judgment of the trial court finding an equitable vendor's lien in Patsy R. McGoodwin against the realty claimed as a homestead by the senior McGoodwin and deeded by him to the junior McGoodwin. The trial court also decreed foreclosure of such lien against such realty.
In our original decision we reversed and rendered, but, having reconsidered the case, we now withdraw our original opinion and judgment dated March 12, 1983 and affirm the judgment of the trial court. In so doing, we grant appellee's motion for rehearing.
On the 21st day of March, 1980, Judge Larry B. Sullivan signed a divorce judgment in In the Matter of the Marriage of Patsy R. McGoodwin and James L. McGoodwin. The judgment reflects that:
The cause was heard on February 8, 1980.
Trial was to the court.
The parties agreed to a division of their estate.
A list of Patsy McGoodwin's property awards.
A list of James L. McGoodwin's awards (which included the 22 acres of land here in controversy). The award recited: "Respondent is awarded the following as Respondent's sole and separate property, and Petitioner is hereby divested of all right, title, and interest in and to such property: ..."
Item 1 of Mr. McGoodwin's award was the realty here involved. Also, were listed four other numbered items of personal effects.
A list of debts and obligations assumed by Mrs. McGoodwin.
A list of debts and obligations assumed by Mr. McGoodwin.
A separate paragraph reciting:
The next paragraph recites:
"IT IS ORDERED and DECREED that Petitioner and Respondent shall execute all instruments necessary to effect this decree."
Below Judge Sullivan's signature:
"AGREED BY:" (With signatures appended)
Patsy R. McGoodwin James L. McGoodwin
Mr. McGoodwin senior at the divorce hearing "agreed to the property settlement figure of paying her twenty-two thousand, five hundred dollars in cash for her one-half of the community interest both in the personal and real property that you-all own, ..." He also testified in the present case to not having paid Mrs. McGoodwin the $22,500.00 by March 8th nor, for that matter, any amount of money by the date of the trial.
The 22 acres were deeded jointly to James L. McGoodwin and Patsy R. McGoodwin during their marriage. Mrs. McGoodwin filed this suit to force the sale of the realty.
Patsy McGoodwin claims that, under this judgment, she has an equitable lien on the realty superior to the homestead right claimed by McGoodwin senior at his later remarriage. McGoodwin senior says "not so" in his points of error one, four and five.
In our original opinion we stated our inability to find a significant factual distinction in the present case and the Goldberg and Spence cases. Goldberg v. Goldberg, 425 S.W.2d 830 (Tex.Civ.App.--Fort Worth 1968, no writ); Spence v. Spence, 455 S.W.2d 365 (Tex.Civ.App.--Houston [14th Dist.] 1970, writ ref'd n.r.e.). In considering the motion for rehearing of Mrs. McGoodwin we have arrived at the conclusion...
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McGoodwin v. McGoodwin
...land. After a bench trial, the trial court decreed that the property be sold to satisfy Patsy's claim. The court of appeals affirmed. 656 S.W.2d 202 (1983). We modify those judgments, and as modified we James and Patsy acquired the twenty-two acres of land now in question during their marri......