State Ex Rel. Fossen v. Hitman

In a habeas corpus proceeding relator was awarded the custody of his five-year-old child, Irene. Bespondents appealed to this court where the case was by stipulation submitted upon the record taken before the court commissioner who issued the writ, and upon certain depositions and affidavits filed here.

The child when a few weeks old came into the custody of respondents Hitman under these circumstances: Olie Hitman and Inga Hitman are husband and wife, and were married several years before Irene was born. They are farmers living in Pope county, Minnesota. Olie received the farm consisting of…