Texas Supreme Court

Evelyn Ann McElreath v. James Dorsey McElreath

February 1, 1961162 Tex. 190

Summary

The Texas Supreme Court reversed the lower courts and held that an Oklahoma divorce decree ordering the husband to convey Texas land is an in‑personam equitable decree that may be enforced in Texas under comity, provided it does not violate Texas public policy; the decree is therefore binding as res judicata. Justice Griffin dissented, arguing the decree is in‑rem, void under Texas law, and should not be enforced.