This section contains the nature of the case and procedural background.

H and W got divorced in Oklahoma. Before that decree had been entered by the court, H crossed the Red River and asserted sanctuary in Texas. The decree that was issued in Oklahoma was against public policy in Texas. The lower courts refused to validate the Oklahoma decree regarding the in-rem aspects of that decree. The laws in Oklahoma regarding divorce are in personam decrees and had H stayed in Oklahoma there was no doubt that the decrees could have been enforced by contempt.

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