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SMITH v. SMITH

No. 20426.

620 S.W.2d 619 (1981)

James O. SMITH, Appellant, v. Linda M. SMITH, Appellee.

Court of Civil Appeals of Texas, Dallas.

On Motion for Rehearing April 16, 1981.

Attorney(s) appearing for the Case

Bryan D. Hamric, Kraus, Semon & Assoc., Dallas, for appellant.

Mary D. McKnight, McKnight & Fouts, Dallas, for appellee.

Before GUITTARD, C. J., and ROBERTSON and CARVER, JJ.

GUITTARD, Chief Justice.

James O. Smith complains of the property division in the divorce decree between him and Linda M. Smith. The principal dispute concerns a one-half interest in 550 acres of unimproved rural real estate, formerly owned by Linda's mother, which the trial court awarded to Linda. James contends that the property is community and should be divided equally. We agree that the property is community, but we hold that under the circumstances, the court...

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