Fraze v. Grundy

Opinion op the Court by

Morris, Commissioner

Affirming.

On July 20, 1945, Grundy and wife, filed petition seeking to hold the custody of Luther Fraze, 7 year old son of appellant. They alleged that they were entitled to the lawful custody, and appellant was unlawfully claiming possession, and asked the Court to issue habeas corpus writ. Their right was based on an executed contract of November 10, 1941, by which Fraze surrendered the infant (then about 3 years old) to appellees; they “to have and keep him as their own son; to educate and pay all expenses and upkeep.” It was provided that…