Dean v. Cone

CRAMER, Justice.

Appellant Dean is the surviving father of the minor child, Charles Ray Dean, born July 13, 1944; the natural mother died July 5, 1949 while separated but not divorced from Dean. Appellees here are the maternal grandparents of Charles Ray Dean who has been in their custody since the death of his mother. Appellant on June 6, 1952 applied for a writ of habeas corpus, seeking custody of his minor son. Appellee grandparents answered fully and by cross-action sought the custody of the child.

After a hearing, the trial court denied the writ and left the child in the custody of the…