Legal Opinion

Boyd v. Glass

Supreme Court of Georgia

Decided June 15, 1866PublishedCited by 16 opinions

Habeas Corpus. Decided by Judge Wobbill. At Chambers. November 1862. Boyd sued out this writ against Permelia Glass and J. Frank Glass, to obtain the custody of two minors, Franklin and Permelia Boyd, children of John Boyd, deceased. At the hearing it was admitted that John Boyd, the father, of Chambers county,’Alabama, married Miss Margaret Glass, of ‘Harris county, Georgia, daughter of Permelia Glass, and took her to his home in Chambers county, Alabama.

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Habeas Corpus. Decided by Judge Wobbill. At Chambers. November 1862. Boyd sued out this writ against Permelia Glass and J. Frank Glass, to obtain the custody of two minors, Franklin and Permelia Boyd, children of John Boyd, deceased. At the hearing it was admitted that John Boyd, the father, of Chambers county,’Alabama, married Miss Margaret Glass, of ‘Harris county, Georgia, daughter of Permelia Glass, and took her to his home in Chambers county, Alabama. They lived agreeably together until April, 1851, when he died, having made the will hereafter mentioned, and having by his last wife two…

1Opinion of the CourtWalker, J.

This writ of habeas oorpios was sued out by the paternal half brother, to recover possession of two children from the custody of their maternal grand-mother. The petitioner rests his claim, as we understand, on three grounds; first, that he was appointed by the Probate Court of Chambers county, Alabama, guardian of their persons and property; second, that he was appointed, by the father of the children, executor of his will, and as such, on the death of their mother, the testamentary guardian, he would be entitle'd to the custody of the children; third, that he is one of the next of kin. The…

2Cases cited1 opinion

  1. Darden v. WyattSupreme Court of Georgia · 1854

3Cited by16 opinions

  1. Miller v. WallaceSupreme Court of Georgia · 1886
  2. Milner v. GatlinSupreme Court of Georgia · 1912
  3. Chapin v. CummingsSupreme Court of Georgia · 1940
  4. Sloan v. JonesSupreme Court of Georgia · 1908
  5. Hill v. RiversSupreme Court of Georgia · 1946

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