Lee v. Back

A writ of habeas corpus was issued in the court below on the petition of the appellee, setting forth that he is the father of Eliza Back, aged four years and nine months, and that the appellants have the possession of the child and refuse to deliver it to him.

The defendants return to the writ, that they have had the child in their custody and control since February, 1864; that on or about the ■-day of April, 1864, the appellee, who is the father of the infant, was a resident of Hamilton county, in the State of Ohio; at said time the mother of the infant child died, and prior to the death of…