In the Interest of Stuart

DUNAGAN, Chief Justice.

This matter originated in the 3rd Judicial District Court of Houston County, Texas by Marvin Q. Stuart, appellant herein, by the filing of an application for writ of habeas corpus seeking to regain possession of Brenda Jo Stuart, a 14 year old female child of whom he is the sole surviving parent. Respondent in such action is Benford D. Stuart, brother of petitioner and uncle of the child, who has had physical possession and custody of the child since 1971. Prior to this action there have never been any court orders of any kind in any court regarding the child.

Appellee…