Commonwealth Ex Rel. Keenan v. Thomas Et Ux.

Opinion by

Keller, P. J.,

A petition for writ of habeas corpus was filed on September 18, 1941 by the relator, Joseph Keenan, to obtain from the respondents, Lloyd Thomas and Emma Thomas, his wife, the custody and possession of his daughter, Barbara Jo Keenan, a child sixteen and a half months old. The child had been left in the care of Mrs. Thomas by the relator on November 2, 1940, when she was six months old, because of the tuberculosis of her mother, relator’s wife — who had been ordered to go to a sanitarium and who died a month and a half thereafter — and his own infection with the same…