Venezia v. Venezia
| Decision Date | 23 February 1950 |
| Docket Number | No. 12131,12131 |
| Citation | 227 S.W.2d 881 |
| Parties | VENEZIA v. VENEZIA. |
| Court | Texas Court of Appeals |
Merrill & Scott, of Houston, for appellant.
Lewis Fogle, of Houston (now deceased) and Kahn, Branch, Heidingsfelder & Daniel, of Houston, for appellee.
Appellee, Lucy Venezia, brought this action for divorce from her husband, Joseph Venezia, alleging as grounds therefor such cruel treatment as to render their living together as husband and wife insupportable. On a trial before the court without a jury, judgment was rendered granting appellee a divorce and the custody of their two children. In the judgment rendered, the court set aside the revenues from certain separate property of appellant's which had been improved with the use of community funds, for the use of appellee and their minor children for a period of years. The court created a lien on said property in appellee's behalf and provided for its sale at the end of that period of years, in the event a sale became necessary, for the enforcement of the lien.
The trial court prepared and caused to be filed his findings of fact and conclusions of law in which he found on what we deem to be ample evidence that, as a result of injuries inflicted by appellant on appellee, she would probably never be restored to perfect health or be able to engage in gainful employment and that, since she had no source of income except the allowances which were made by the decree of the court in this suit, including the equities resulting from improvements made with community funds on separate property of appellant, and in view of the fact she would probably require additional medical attention in the future, it was necessary that these revenues be awarded appellee for the support of herself and their minor children.
No complaint is made by appellant in so far as appellee was awarded a divorce or the custody of the children. He relies largely for relief from his points of appeal on the alleged error of the trial court in setting aside for appellee's benefit certain of appellant's separate property which had been improved with the use of community funds, for a fixed period of years and in the creation of a lien on the property in appellee's behalf for the alleged reason that this provision of the decree will divest appellant of his separate property in contravention of Article 4638, Vernon's Ann.Civ.St.
Article 4638, V. A.T.S. reads ...
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Stanley v. Stanley
...of the parties, the business opportunities, capacities and abilities and is not required to divide the property equally. Venezia v. Venezia, Tex.Civ.App., 227 S.W.2d 881 and the many other authorities there It is presumed that all of the property which the husband and wife possess at the di......
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Murff v. Murff
...237 S.W.2d 708 (Tex.Civ.App. Amarillo 1950, no writ); Carter v. Carter, 231 S.W.2d 791 (Tex.Civ.App. Galveston 1950, no writ); Venezia v. Venezia, 227 S.W.2d 881 (Tex.Civ.App. Galveston 1950, no writ); Earnest v. Earnest, 223 S.W.2d 681 (Tex.Civ.App. Amarillo 1949, no writ); Hendrick v. Hen......
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Young v. Young, B-9316
...800, 802 (Tex.Civ.App.-Eastland 1964, no writ); Hudson v. Hudson, 308 S.W.2d 140, 141 (Tex.Civ.App.-Austin 1957, no writ); Venezia v. Venezia, 227 S.W.2d 881, 882 (Tex.Civ.App.-Galveston 1950, no writ); Hendrick v. Hendrick, 222 S.W.2d 281, 284 (Tex.Civ.App.-Amarillo 1949, no writ). The Dal......
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McCurdy's Marriage, In re
...opportunities, capacities and abilities. Stanley v. Stanley, 294 S.W.2d 132 (Tex.Civ.App.--Amarillo 1956, writ ref'd n. r. e.); Venezia v. Venezia, 227 S.W.2d 881 (Tex.Civ.App.--Galveston 1950, no writ) and cases cited therein; Berdoll v. Berdoll, 398 S.W.2d 397 (Tex.Civ.App.--Austin 1966 n......