Younger

The parties hereto were husband and wife, and had issue of their marriage one child, a son, Hiatt Tisdale Younger. In February, 1891, by a decree of the superior court of Santa Clara county rendered in an action brought for that purpose by appellant here against the respondent, the parties were divorced upon the ground of respondent’s extreme cruelty; and by the decree the custody of said child, then an infant about one year of age, was awarded to the mother. Immediately after the divorce the mother removed with the child to Yolo county, and took up her residence in that county in the family of her grandfather, one Gr. W. Hiatt. Subsequently, on July 31, 1891, by a proceeding had before the judge of the superior court of Yolo county, the said child was, by the consent of the mother, duly and regularly adopted by said Gr. W. Hiatt, in accordance with the provisions of the Civil Code, and assumed the family name of Hiatt.

In April, 1893, respondent filed a petition in the superior court of Santa Clara county, in said divorce proceeding, asking a modification of the decree therein with reference to the custody of said child, and praying that the custody thereof be awarded to him,…