Opal A. Brooks / William H. Crosby, 1926
Brooks vs. Crosby, 1926, Tucumcari, NM

Opal Avarilla BROOKS (born 26 September 1909 in Donley, Giles County, Texas), married this guy when she was 16 years old, on 3 August 1926, in order to run away from home. Crosby's stated age in the record was 31. She falsely claimed to be 18, which is inconsistent with her birth certificate. Her mother's signature on the document is presumed to be a forgery. The relationship can hardly be described as a marriage. According to the petition (which the defendant did not dispute), it was abusive and short-lived.
A year following the marriage, on 27 August 1927, they were issued a Final Decree of divorce in District Court for Quay County, New Mexico (No. 3499). Little is known of Mr. Crosby's prior or subsequent life, except that he was born 20 June 1894 in Cleburne, Johnson County, Texas; and on 7 June 1913 he married Audrey Estell APGAR in Okmulgee County, Oklahoma.
Opal BROOKS later married Arthur Harold RUE (born 4 June 1902 in Smithfield, Jasper County, Missouri) on 23 September 1927 in Independence, Missouri, four days before the judge in Tucumcari signed the divorce decree freeing her from old Crosby. (This four-day discrepancy may be part of why they kept the marriage to Crosby a secret for so many years.) She and my grandfather remained together in marriage for 56 years, until he died on 9 December 1973 in Westland, Wayne County, Michigan. Opal Brooks RUE died 12 March 1979 in Orange, Orange County, California.

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                       Certified Copy of Record of Marriage No. 1242
                                   MARRIAGE CERTIFICATE
               STATE OF NEW MEXICO                      COUNTY OF QUAY, SS. 

        I hereby certify that on the 3 day of Aug. A.D. 1926, at Tucumcari, N. Mex. in the said
County and State, I, the undersigned, a Minister of the Gospel, did join in the Holy Bonds of
Matrimony in accorance with the Laws of the State of New Mexico, and the authorization of the
foregoing License, Wm. H. Crosby of Tucumcari, New Mexico and Opal Brooks of Tucumcari, New
Mexico. 

        WITNESS my hand and seal the day and year last above written.
                             J.O. Cox
                             (Official Title) Pastor Methodist Church
WITNESSES:
Elvina Crosby                Signed: Wm. H. Crosby, Groom
                             Signed: Opal Brooks, Bride

Recorded this 6 day of August A.D. 1926, at 9 A.M. in Marriage Book No. 5, Page No. 27

(SEAL) B.L. Francis, County Clerk
By Cleo Jackson, Deputy

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                             CLERK'S CERTIFICATE OF TRUE COPY
STATE OF NEW MEXICO)
                   )ss. 
COUNTY OF QUAY     )        I, Clara Lawalling, Dep. County Clerk of Quay County, New Mexico,
hereby certify that the foregoing is a full, true and correct copy of Marriage Record as as it
appears in this office in Book No. 5, Page No. 27 of the Records of Marriage of said County.
        IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Seal, this the
18th day of January 1977.

(SEAL) Pat Clark             By: Clara Lawalling, Deputy
 
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                     CERTIFIED COPY OF RECORD OF MARRIAGE NO. 1242
No. 1242                    Application for Marriage License

STATE OF NEW MEXICO)
                   )ss. 
COUNTY OF QUAY     )          TO THE CLERK:
        I hereby make application for a license to unite in marriage 
with Opal Brooks whose age is 18. I certify I was born at Cleburne, 
Texas on the 20 day of June 1894; that I am now a resident of Tucumcari, 
New Mexico, that we are not related with the degree prohibited by the 
laws of this State; that neither of us is bound by marriage to another; 
that therer exists no legal impediment to said marriage.
                             Wm. H. Crosby
        Subscribed and sworn to before me this 3 day of August, A.D. 1926.
(SEAL) Cleo Jackson, County Clerk 
By B.L. Francis, Deputy

                            CONSENT OF PARENT OR GUARDIAN
                          (where either party is under age)
  
        I, Sara A. Nutt, hereby consent to the granting of a license to 
marry, waiving the question of minority.
                                  Sara A. Nutt

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                                  MARRIAGE LICENSE
STATE OF NEW MEXICO                                     COUNTY OF QUAY
To any person Authorized by law to perform the Marriage Ceremony

                                     GREETING:

                   YOU ARE HEREBY AUTHORIZED TO JOIN IN MARRIAGE

Wm. H. Crosby of Tucumcari, N. Mex. and Opal Brooks of Tucumcari, N. Mex. 
and of this license you will make due return to my office within the time 
prescribed by law.
        WITNESS my hand and Seal of said Court at Tucumcari, this 3 day 
of August 1926.
(SEAL)                        B.L. Francis, County Clerk
                              By: Cleo Jackson, Deputy
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IN THE DISTRICT COURT FOR QUAY COUNTY, NEW MEXICO


Opal A. Crosby, Plaintiff,

            vs.                                                   No. 3499
                                                                  COMPLAINT
William H. Crosby, Defendant.


       The plaintiff complains of the defendant and for cause of action, alleges:

	(1) That the plaintiff and defendant are now residents of Quay County, New Mexico, 
and that they and each of them have been bona Fide residents of Quay County, New Mexico 
for more than one year immediately prior to the Filing of this action, and that plaintiff 
and defendant are husband and wife.

	(2) That the plaintiff and defendant were married at Tucumcari, New Mexico on or 
about the 3rd day of August, A.D. 1926.

	(3) That there is no community property.

	(4) That there are no children as a result of the marriage between plaintiff and
defendant.

      (5) That on or about the first day of September, 1926, the defendant, without just 
cause, cursed and abused, and used vile language to and concerning plaintiff, and did then 
and there compel her to drink whiskey, or commonly known as mash, against her will and 
consent, causing her to become intoxicated, and did then and there whip and strike her with 
a razor strap, and did treat her in a cruel and inhuman manner.

      (6) That on or about the 10th day of September, A.D. 1926, the defendant, without 
just cause, did curse the plaintiff and use vile language before her, and did whip her with 
a rope and did then and there treat her in a cruel and inhuman manner.

      (7) That the plaintiff, on account of such misuse and ill treatment and abuse and
cruel and inhuman treatment, has caused the plaintiff to fear the defendant and to believe 
the defendant may do her great bodily harm, and that on account of such abuse and the use 
of such vile and indecent language, and on account of such cruel and inhuman treatment, and 
so believing that the defendant would do her great bodily harm and take her life this 
plaintiff left the home of the defendant on or about the 11th day of September A.D. 1926, 
and that the plaintiff since said time has lived separate and apart from the defendant, and 
is now living separate and apart from said defendant.

	(8) That the plaintiff on account of such cursing, abuse and cruel and inhuman 
treatment, has just cause to believe, and verily does believe, that the defendant, unless
restrained by the Court, will do her great bodily harm, or take her llfe.

	That a reasonable sum For her suppart is $25.00 per month.

	(9) That the plaintiff is without Funds with which to prosecute this action at this 
time, and that the defendant has on income sufficient to pay the costs of this action and
attorney fees, and that a reasonable sum for such is the sum of $110.00.

	(l0) That the maiden name of the plaintiff was Opal A. Brooks and that she desires to
have said maiden name restored to her.

	WHEREFORE, Plaintiff prays For absolute divorce forever dissolving the bonds of 
matrimony now subsisting between plaintiff and defendant; that the defendant be required to 
pay into Court a reasonable sum to be determined by the Court as and for costs and attorney
fees and alimony hereln; That the court issue an order upon hearing, that the defendant be
restored from harassing or annoying or interfering or molesting, or doing bodily harm to 
the plaintiff; and for all costs hereln; That the plaintiff be restored to her maiden name,
Opal A. Brooks, and for such other and further, and additional relief in the premises as to 
the Court may seem meet and equitable.

						[signed] Myron B. Keator
							   Attorney for Plaintiff
							   Tucumcari, New Mexico



STATE OF NEW MEXICO) 
                   ) SS:
COUNTY OF QUAY     ) 
                                   
	Opal A. Crosby, being First duly sworn, on oath says, that she is the plaintiff in the
above and foregoing complaint and knows the contents thereof and that the same is true and of
her own knowledge, except as to matters alleged upon information and belief, and as to those
matters, she believes them to be true.                  

						[signed] Opal A. Crosby


Subscribed and sworn to before me 
this 30th day of April, 1927.
My commission expires               [signed] Myron B. Keator
May 3rd, 1928.                               Notary Public, Quay County, New Mex.






					CERTIFICATE OF NON-APPEARANCE

     In the District Court of the Ninth Judicial District of the State of New Mexico, in and
For the County of Quay.

Opal A. Crosby

        vs.

William H. Crosby, Defendant

     I, B.L. Francis, Clerk of said Court, do hereby certify that no appearance has been
entered, nor answer, demurrer or other pleading Filed in the above cause, for, by, or on
behalf of the said defendant.

                                             WITNESS my hand and the seal of the said 
                                             Court this 21 day of Aug., A. D., 1927

						[signed] B. L. Francis, Clerk 
						[signed] Cleo Jackson, Dep.




                                       FINAL DECREE

     This cause coming on for hearing regularly, and it appearing that the defendant, William
H. Crosby, was regularly served with summons |n Quay County, New Mexico, and that more than
thirty days has expired since said service, and it Further appearing that no answer or 
pleading has been filed by the said defendant, and that thesaid defendant has made default
herein and the Clerk of this Court having duly made and duly Filed his certificate of non-
appearnace hereln against said defendant for such failure to answer or plead herein within the
time required by law, and said cause having been regularly cal led For hearing and the
plaintiff appearing in person and with her witnesses and by her attorney, and the evidence 
was duly taken before the Court, and the Court having jurisdiction of the parties plaintiff 
and defendant, and of the subject matter, and being fully advised in the premises as the law
and facts,

	FINDS:

	(1) That the Court has jurisdictlon of the parties plaintiff and defendant, and of the
subject matter;
	(2) That the plaintiff and defendant are husband and wife;
	(3) That the defendant, William H. Crosby, did, without just cause, curse, abuse, and 
use vile language to and concerning the plaintiff, and compel her to drink whiskey against 
her consent, and did strike and abuse her, and treat her in a cruel and inhuman manner;
	(4) That the allegations of the complaint have been substantially proved and that the
complaint is made a part of, and is adopted as a part of the finding of facts herein;
	(5) That the plaintiff has just cause, and is entitled to decree of divorce against 
the defendant.
	(6) That the maiden name of the plaintiff was Opal A. Brooks, and that such name should
be restored;

	IT IS THEREFORE BY THE COURT ORDERED, ADJUDGED AND DECREED, That the bonds of matrimony
subsisting between the plaintiff and defendant be, and the same are hereby set aside and held
For naught, and the plaintiff, Opal A. Crosby, is hereby decreed an absolute divorce from the
defendant, Willlam H. Crosby.

	IT IS FURTHER BY THE COURT ORDERED, ADJUDGED AND DECREED, That the plalntiff's maiden
name, Opal A. Brooks, be restored to her.

	Done at Tucumcari, New Mexico, on this the 27th day of August, A. D. 1927.

								Carl A. Hatch
								Judge.