Smith v. Bragg

Jackson, Chief Justice.

Bragg, the defendant in error, and his wife parted. She took the child of the marriage, an infant, with her to her brother’s, Smith’s, the plaintiff in error. The child remained there, with the tacit consent of the father, until the mother’s and afterwards the grandmother’s death; and when it got to be nine years old the father brought habeas corpus for it, against Smith, the uncle, before the ordinary. The ordinary left the child with the uncle. On certiorari, the superior court reversed the ordinary and awarded the child to the father, and this judgment is the error…