Fullilove v. Banks
Mississippi Supreme Court
Fullilove v. Banks, 62 Miss. 11 (Miss. 1884)
Campbell
Fullilove v. Banks
Opinion of the Court
delivered the opinion of the court.
The action of the mother in placing her infant child in the keeping of its alleged grandmother, and promising not to disturb her possession of it, was at least a factor in the judicial determination of the question whether the court should exercise its power in the proceeding by habeas corpus to award the custody of the child to the mother who had thus acted, and we are not satisfied that the Chancellor erred in his conclusion upon all the facts of the case. Wherefore his decree is
Affirmed.
Reference
- Full Case Name
- Cornelia Fullilove v. Rachel Banks
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- 1. Habeas Corpus. Custody of illegitimate child. Mother and grandmother contesting. Evidence. 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. 2. Habeas Corpus. Custody of child. Evidence. Supreme court practice. 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.