Woodruff v. Conley
Supreme Court of Alabama
Appeal from the decision of the Hon. Adam C. Felder, chancellor, sitting at Mobile, on the hearing of a writ of habeas corpus, sued out by Mrs. Eugenia Woodruff, against Patrick C. Conley, to test their respective rights to the custody of Mary Coniey Woodruff, an infant about nine years of age, whose father and mother were both dead.
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Appeal from the decision of the Hon. Adam C. Felder, chancellor, sitting at Mobile, on the hearing of a writ of habeas corpus, sued out by Mrs. Eugenia Woodruff, against Patrick C. Conley, to test their respective rights to the custody of Mary Coniey Woodruff, an infant about nine years of age, whose father and mother were both dead. On the evidence adduced, which is substantially stated in the opinion of the court, the chancellor refused to transfer the custody of the child to the petitioner; and his decision, from which this appeal is prosecuted, is now assigned as error.
1Opinion of the CourtB. F. Saffold, J.
The matter in dispute is the custody of a child, Mary Conley Woodruff, about nine years of age. The appellant is the mother of the child’s father. The appellee is her uncle by marriage with her mother’s sister. The grandmother is also her guardian by appointment of the probate court, in September, 1871. The uncle is her father by adoption, under the statute, in November, 1873. No notice of the adoption was given, or is required to be given, to the grandmother, or other relatives, of the child.
Any matter affecting a child may become a subject of chancery jurisdiction; and it is immaterial…
2Cases cited1 opinion
- Godfrey v. StateSupreme Court of Alabama · 1858
3Cited by18 opinions
- Murphree v. HansonSupreme Court of Alabama · 1916
- Urbach v. UrbachWyoming Supreme Court · 1937
- Thomas v. ThomasSupreme Court of Alabama · 1924
- Hayes v. HayesSupreme Court of Alabama · 1915
- Coleman v. ColemanSupreme Court of Alabama · 1916
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