Osburn v. Roberts

The plaintiff, Floyd Os-burn, sued the defendant, Cena Roberts and Albert Roberts, seeking a writ of habeas corpus to recover the custody of plaintiff’s three-year-old child, Francis Lewellyn Osburn. From a judgment denying the writ, the plaintiff has appealed.

The child’s mother died as a result of its birth, and it was placed in the custody of the defendants when it was two days old, and they have ever since had its custody. The defendant Cena Roberts is plaintiff’s sister. The plaintiff has three other children. The youngest is a girl eleven years of age living with her parents and…