Ex Parte Vancuren

POSTER, C.

This action was begun in the district court of Grant county by Jesse Vancuren, father of Mary Katherine Van-curen, a minor of the age of three and one-half years, to recover her possession from Wesley Lewis and Nettie Lewis, husband and wife.

After appropriate pleadings were filed, the court granted a judgment in favor of the petitioner for the care and custody of the said child, from which the respondents appeal.

It appears from the pleadings and evidence that Mary Katherine Vancuren is the child of Jesse Vancuren and Christina Van-curen; that Christina Vancuren died when the child…