Bourn v. Hinsey, Et Ux.

Chillingworth, Circuit Judge.

This writ of error is from a final judgment in a habeas corpus proceeding, wherein the custody of a girl — now nine years of age — was awarded to the respondents, a paternal aunt of the child and the aunt’s husband, rather than to the petitioner, the mother of the child. There is' little dispute about the facts.

The parents resided in Mississippi, where the child was born. A few months thereafter the mother became ill with tuberculosis. She soon entered a sanitarium and remained there until she was discharged, as cured, in May, 1935. When the mother entered the…