Babb v. Carroll
Texas Supreme Court
Error from Collin. Tried below before Hon. N. M. Bur-ford. Trespass to try title. David E. W. Babb, by virtue of whose emigration a certificate for a league and labor of land was issued to his heirs, was married to Elizabeth Babb, one of the plaintiffs, in 1807, in the State of Tennessee ; the other plaintiffs are the legitimate children of said David and Elizabeth.
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Error from Collin. Tried below before Hon. N. M. Bur-ford. Trespass to try title. David E. W. Babb, by virtue of whose emigration a certificate for a league and labor of land was issued to his heirs, was married to Elizabeth Babb, one of the plaintiffs, in 1807, in the State of Tennessee ; the other plaintiffs are the legitimate children of said David and Elizabeth. In 1829 David Babb abandoned his wife Elizabeth, and after living adnlterously for several years with one Eda Collier, alias Hardy, in 1835 he came with her to Texas bringing also her son by a former adulterous connexion, a youth…
1Opinion of the Court
Hemphill, Oh. J.
The first question is, was Mrs. Eda Babb, or Eda Collier, entitled to the half of the land in controversy ? This must be answered in the affirmative. At the time of the emigration of David and Eda Babb to Texas, in 1835, and at the Declaration of Independence in March, 1836, and to the death of David Babb in 1837, they lived and cohabited together and passed themselves and were reputed by their neighbors as man and wife. There is no proposition more clear or indisputable than that grants of lands to heads of families were made on the supposition that the family was a Texas and…
2Cited by24 opinions
- Johnson v. NewmanTexas Supreme Court · 1875
- Boone v. HulseyTexas Supreme Court · 1888
- Hill v. MooreTexas Supreme Court · 1892
- Whetstone v. CoffeyTexas Supreme Court · 1877
- Holmes v. JohnsTexas Supreme Court · 1881
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