Babb v. McGee

BATEMAN, Justice.

This trespass to try title suit was filed by the appellants as children and heirs of Anderson C. Babb, deceased, against the appellees Ronnie Lee McGee and Martha Sue McGee, who had purchased the property from Babb’s widow. The facts were stipulated and the trial court, sitting without a jury, rendered judgment that the plaintiffs take nothing and that the defendants have judgment on their counterclaim quieting their title. We affirm.

Our question is whether a deed by a husband to his wife during coverture conveying their community homestead to the wife, reciting a…