State Ex Rel. Paul v. Peniston

HAMITER, Justice.

In this habeas corpus proceeding the relators, Mr. and Mrs. Steve Paul, seek the custody of their daughter, Shirley Rae Paul, who was eleven years of age when the suit was instituted on September 11, 1957 (she was born in July, 1946). The respondents are Mr. and Mrs. Horace Peniston, in whose care the child is now and has been for a number of years. Mrs. Peniston is a sister of Mr. Paul and, of course, is Shirley Rae’s aunt.

The trial court (after a lengthy trial) recalled the writ of habeas corpus previously issued, rejected the demands of relators, and awarded permanent…