Evelyn Ann McElreath v. James Dorsey McElreath

Summary

The Texas Supreme Court held that an Oklahoma divorce decree ordering the husband to convey Texas land to his former wife is enforceable in Texas as an in‑personam decree under the doctrine of comity, provided it does not violate Texas public policy. The Court reversed and remanded the lower courts to enter judgment for the petitioner. Justice Griffin, joined by Chief Justice Calvert and Justices Smith and Walker, dissented, arguing that the decree is in rem, void under Texas law, and contrary to public policy.