Carter Et Ux. v. Nance Et Ux.

Opinion of the Court by

Judge Sims

Dismissing appeal.

Dewey Nance and Ms present wife, Oretha, filed this declaratory judgment action in the G-raves Circuit Court against Wesley Carter and Dicie Carter, the parents of Dewey’s first wife (now dead), to obtain the custody of Dewey’s nine year old daughter, Wanda Joyce Nance, from the child’s maternal grandparents. After hearing considerable proof taken by depositions the chancellor awarded the custody of the child to her father and the grandparents appeal.

The judgment was rendered on Feb. 12,1946, but the appeal was not filed in this court until…