Howard v. Ragsdale

CLAY, Commissioner.

This is a habeas corpus proceeding involving the permanent custody of children. We have recently held this question is cognizable in equity, and should not be tried on an application for a writ of habeas corpus. The attention of the Bar is called to Chamblee v. Chamblee, Ky., 248 S.W.2d 422. However, the parties and the Chancellor treated this as an equitable action, and so shall we.

Appellant, the mother of the children, seeks to obtain them from the custody of appellees, who operate an institution in Perry County, Kentucky, known as “The *155Open Door Children’s Home.” The…