W. G. Lee Plaintiff Error v. R. E. Lee

HOCKER, J. -- R. E. Lee, Jr., and his wife, L. J. Lee filed a petition with the Court Commissioner of Columbia County, Florida, alleging they were the joint ""owners"" and entitled to the custody and possession of a female child about eight years old, named Alice Lee; that at the time of filing this petition Alice Lee was in the possession and control of W. G. Lee, her father; that Alice was born on the 17th of September, 1906, and immediately thereafter after her mother died; that the father of the child Alice, during the latter part of September, 1906, having other children, and no one to care for, control and raise said infant, gave, assigned and transferred the said infant as aforesaid when nine days old to petitioners to have their own until the child attained its lawful age. Pursuant to said agreement, from the time aforesaid, petitioners have cared for, raised, provided for, controlled and managed said infant in every manner recognized by law and otherwise as their own child, until a few days prior to filing this petition. Petitioners show that W. G. Lee, on the 25th day of November, 1913, did steal, take and carry away said Alice Lee from the custody, control and possession of your petitioners, and illegally and wrongfully detains said child from the custody, control and possession of petitioners, and against the interest, rights and authority of said R. E. Lee and L. J. Lee, and they pray fora writ of Habeas Corpus requiring W. G. Lee to produce the body of Alice Lee, &c. An affidavit of insolvency of petitioners is attached to the petition. The Court Commissioner on a hearing before him ordered that the custody of the child Alice be awarded to L. J. Lee, wife of R. E. Lee, with the right of the father and child to visit each other. W. G. Lee, the father of Alice, gave notice of