GRIGGS v. BARNES

4 Div. 668.

57 So.2d 61 (1952)

GRIGGS v. BARNES et ux.

Supreme Court of Alabama.

Rehearing Denied March 6, 1952.


Attorney(s) appearing for the Case

Albert L. Patterson, Phenix City, for appellant.

W. R. Belcher and J. W. Brassell, Phenix City, for appellees.


PER CURIAM.

The case is fully presented in the dissenting opinion of Justice Simpson, infra. It is our opinion, however, that under the presumption attending the right of the natural parent to custody of a child and the lack of evidence of appellant's positive unfitness, she should have been awarded custody in this habeas corpus proceeding.

The decree below is therefore reversed and one is here rendered to the effect stated, and the cause is remanded...

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