Simmons v. Hitchcock

FRASER, Justice.

Plaintiff, Emma Dell Simmons, joined pro forma by her husband, Robert H. Simmons, filed this suit against defendant, J. C. Hitchcock, alleging change of conditions and seeking the permanent care, custody and control of her minor child, Barbara Ann Hitchcock, a girl four years of age. Plaintiff is the mother of said child and defendant is the paternal grandfather of said child. The custody of said child had previously been awarded to the defendant by a judgment of the Forty-first District Court of El Paso County, Texas, in February 1952.

Trial was had before the Court without a…