HORTON v. GILMER

6 Div. 68.

94 So.2d 393 (1957)

June HORTON v. Max V. GILMER et ux.

Supreme Court of Alabama.

Rehearing Denied April 25, 1957.


Attorney(s) appearing for the Case

Wilton W. Rabren, Lokey & Rabren, Columbiana, for appellant.

Taylor, Higgins, Windham & Perdue, Birmingham, for appellees. Mary A. Lee, Montgomery, for State Department of Pensions and Security, amicus curiae, in support of appeal.


SIMPSON, Justice.

This appeal involves the custodial status of an infant. The decree denied a petition of the natural mother for a writ of habeas corpus for her illegitimate female child against the appellees who are in loco parentis by virtue of the mother's voluntary agreement to relinquish custody of the child to them. The question presented is whether the decree of the trial court leaving the custody of the infant with its foster parents is correct.

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