Foster v. Alston
Mississippi Supreme Court
APPEAL from chancery. This was á proceeding by habeas corpus by a testamentary guardian to recover, possession of his infant wards. A. S. J. Alston died in the state of Tennessee, in 1834, having by his will appointed his brother, James J. Alston, guardian of his children.
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APPEAL from chancery. This was á proceeding by habeas corpus by a testamentary guardian to recover, possession of his infant wards. A. S. J. Alston died in the state of Tennessee, in 1834, having by his will appointed his brother, James J. Alston, guardian of his children. Tire guardian qualified, and the children, with their mother, resided with him until the winter of 1840, when their mother, who had in the meantime intermarried with Foster, the plaintiff in error, and removed to Holly Springs, in the state of Mississippi, went with an armed force to the house of the guardian, and forcibly…
1Opinion of the CourtJustice Turner
In cases of this kind, we are bound to consider the interests of the child, as paramount to all other considerations. This is a proceeding under the habeas corpus act, and under the 18th section of that act, Rev. Code, p. 225, which extends the provisions of the act to all cases, “where any person not being convicted for any criminal or supposed criminal matter, nor in execution by legal process, *457shall be confined, or restrained of his, her or their liberty, under any mesne process in civil actions, or under any color or pretence ■whatsoever.” Are these children restrained of their liberty?…
2Cited by12 opinions
- Edgell v. ConawayWest Virginia Supreme Court · 1884
- S.G. v. D.C.Mississippi Supreme Court · 2009
- In Re Samuel ParkerSupreme Court of North Carolina · 1907
- J.C. v. Natural ParentsMississippi Supreme Court · 1982
- D.C. v. D.C.Mississippi Supreme Court · 2008
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