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eBook details

• Title: Anna Borg v. Arthur Sidney Anderson
• Author : Supreme Court of North Dakota
• Release Date : January 16, 1943
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This action involves the custody of the eleven year old daughter of the defendant Arthur Sidney Anderson. She is now in the custody of the plaintiff, Anna Borg, who is the child's maternal grandmother. The record discloses the following facts. When the child was six months old her mother was suffering from tuberculosis and the defendant decided to take her to Albuquerque, New Mexico. The child in question was turned over to the plaintiff. At that time the child's mother said to the plaintiff ""I give Beverly to you."" The plaintiff took Beverly and has raised her in her home until the present time. At the time the Andersons left for New Mexico another daughter, Jacqueline, who was two years older than Beverly, was placed in custody of Mr. Anderson's parents. The children's mother died of tuberculosis in New Mexico in July 1933. At the time he went to New Mexico, the defendant had what he called a fester on his back that was first diagnosed as tuberculosis of the spine. After reaching New Mexico the defendant was in bed for almost eight months. After he improved and was able to get about, he went to California where other physicians diagnosed his ailment as a fistula. He still suffers from this ailment which heals up and breaks out again intermittently. The defendant is an optometrist and while in California took further college work and qualified for a license to practice his profession in that state. He returned to North Dakota in 1936. He did not see Beverly during his absence from North Dakota but visited her at least once a year after his return. These visits never lasted more than a day or two. Upon his return to this state the defendant practiced optometry in Bismarck until 1940 and at Minot from 1940 to 1943 when he moved to San Diego, California where he is now located. He re-married in 1939. He has taken the older child Jacqueline into his home in California. His parents are dependent upon him for support and he proposes to secure for them a small house near his own home. He now seeks to have Beverly returned to his custody so that he may provide for her in the home that he has re-established.

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