Case Summary

John Barton petitioned for a writ of habeas corpus to retrieve his nephew and ward, Horatio Marsden, from Stephen Denny, who was Marsden's brother-in-law. (The documentation vacillates on whether Barton or Marsden was the legal petitioner.) Barton accused Denny of illegally detaining Marsden. Denny countered that he did not detain Marsden, but rather that Marsden chose to live with him; that Barton was abusive; and that, in any case, Marsden had departed from his home. The court granted Barton's petition, but Marsden's fate is unknown.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ allowed

Fate of bound party

Not in custody

Case Citation

St. Louis Law Commissioners' Court, December Term 1851, No. 13

Source material(s)

Case File

Length of case file

Between 6 and 10 pages

Repository(s)

• Missouri State Archives-St. Louis (St. Louis, Missouri)

State

• Missouri

Tag(s)

• Children

People

• Marsden, Horatio Napoleon (bound party)
• Marsden, Horatio Napoleon (petitioner)
• Barton, John (petitioner)
• Denny, Stephen Theodore (respondent)
• Denny, Stephen Theodore (responding party)
• Denny, Stephen Theodore (holding party)
• Colvin, John W. (judge)
• Beine, Thomas J. (petitioner attorney)
• Hill, Britton A. (respondent attorney)
• Hill, David W. (respondent attorney)

• Additional parties

  Allen, Edward E. (deputy)