Fullilove v. Banks

Citations

• 62 Miss. 11

Syllabus

<p>1. Habeas Corpus. Custody of illegitimate child. Mother and grandmother contesting. Evidence.</p> <p>In a habeas corpus proceeding by a mother to obtain the custody of an illegitimate child, the fact that, several years previously, she gave the child to the defendant, with the assurance that the latter was its grandmother by the paternal side, and the gift was accepted upon the mother’s promise not to disturb her possession if she would take and care for it, may be properly considered by the Chancellor, in connection with other proof, in determining whether to award the custody of the child to the mother.</p> <p>2. Habeas Corpus. Custody of child. Evidence. Supreme court practice.</p> <p>Where the Chancellor in such case refuses to transfer the custody of the child to the mother, this court will not disturb his decision unless satisfied, in view of all the facts in the case, that the Chancellor erred.</p>