Ferguson v. Klein

Opinion op the Court by

Judge Clay

— Reversing.

William S. Ferguson appeals from a judgment denying Him the custody of his daughter, Mary Elizabeth, then about five years of age.

The undisputed facts may be summarized as follows: Mary Elizabeth was born on January 22, 1931, and her mother died a few minutes after her birth. Appellant was unable at that time to look after her properly, and on May 3, 1931, placed her in the care of Florence Klein and her husband, William E. Klein, whom he met through a cousin, and who showed an interest in the child. Under the arrangement with the Kleins, appellant…