Phelps v. Young

This is an application for a writ of babeas corpus originally brought in the district court of Creek county by Frances Phelps against O. D. Young and Mrs. O. D. Young, to obtain custody of her minor child. Respondents answered claiming right to the custody of the child by virtue of a decree of adoption rendered in the county court on the 5th day of August, 1924. The trial court denied the writ.

Petitioner contends that the judgment is erroneous for the reason that the judgment of adoption rendered by the trial court is void; that under section 8050, C. O. S. 1921, her written consent was…