# Rogers v. Searle

> Texas Supreme Court · November 10, 1976 · 20 Tex. Sup. Ct. J. 39

URL: https://www.frixlaw.com/law-library/cases/9644713

## Case

- **Full name:** Peggy Ledesma ROGERS, Petitioner, v. Thomas E. SEARLE Et Ux., Respondents
- **Court:** Texas Supreme Court
- **Decided:** November 10, 1976
- **Citations:** 20 Tex. Sup. Ct. J. 39; 544 S.W.2d 114; 1976 Tex. LEXIS 250
- **Precedential status:** Published
- **Opinion:** Dissent by Greenhill
- **Judges:** Doughty, Greenhill, Johnson
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9644713

## How later opinions describe it (automated extraction)

- recognizing in bill of 1'eview proceeding that fraudulent misrepresentations inducing execution of affidavit of voluntary relinquishment constitute extrinsic fraud
- recognizing in bill of review proceeding that fraudulent misrepresentations inducing execution of affidavit of voluntary relinquishment constitute extrinsic fraud
- finding claimant's uncontradicted assertion that she believed she was signing papers of guardianship, not adoption, sufficient to establish a defense of fraud

## Opinion text

GREENHILL, Chief Justice
(dissenting).
I regard the testimony set out in the Court’s opinion as being only a scintilla of evidence of fraud on the part of the Searles or their counsel.
I agree with the judgments of the trial court and of the Court of Civil Appeals and with the opinion of the Court of Civil Appeals. 533 S.W.2d 433 .
SAM D. JOHNSON, J., joins in this dissent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9644713. Public record. Not legal advice.