Ex Parte Claude D. Birkhead

This is an original habeas corpus proceeding instituted in this Court by Claude D. Birkhead, hereinafter designated relator. The record discloses the following pertinent facts:(1) On December 18, 1935, in a certain cause then pending in the District Court of Fayette County, Texas, relator’s wife obtained a judgment divorcing her from him.(2) At the time the divorce decree was entered, relator and his wife had two minor children, aged five and seven years, respectively, whose care and custody were awarded to the divorced wife.(3) At the time the divorce decree was entered, and as a part of the…