Lipsey v. Battle
Supreme Court of Arkansas
Certiorari to Gee Circuit Court; Hance N. Hutton, Judge: The question is whether the gift of a child by its mother will be enforced affirmatively. Such gifts are against public policy, and are not strictly enforceable. 50 Ark. 354. See, also, 22 Ark. 92; Rodgers, Dom. Rel. § 564; 37 Ark. 27; Schouler, Dom. Rel. § 252; 79 Pac. 482; 27 G. R. A. 56, and note. The welfare and best interest of the child are first to be considered.
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Certiorari to Gee Circuit Court; Hance N. Hutton, Judge: The question is whether the gift of a child by its mother will be enforced affirmatively. Such gifts are against public policy, and are not strictly enforceable. 50 Ark. 354. See, also, 22 Ark. 92; Rodgers, Dom. Rel. § 564; 37 Ark. 27; Schouler, Dom. Rel. § 252; 79 Pac. 482; 27 G. R. A. 56, and note. The welfare and best interest of the child are first to be considered. In this case the mother’s right would be paramount, if she had not forfeited it by her conduct. ' The finding of the circuit judge, who -had the parties, witnesses and…
1Opinion of the CourtRiddick, J.
This case comes before us by a writ of certiorari to review the findings and judgment of the judge of the First Judicial Circuit giving to Hines Battle, of Lee County, the custody and control of Katie King, a minor.
The facts are as follows: One Anna King, a young and unmarried negro woman of Lee County, became the mother of a child, which she named Katie King. When this child was nine months old, its mother placed it in the custody of Hines Battle and his wife, two negro neighbors. Hines Battle testified that the mother gave the child to them to have as their own. On the contrary, Anna King…
2Cases cited2 opinions
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3Cited by20 opinions
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- Aaron v. AaronSupreme Court of Arkansas · 1957
- Rapp v. KizerSupreme Court of Arkansas · 1976
- Andrews v. AndrewsSupreme Court of Arkansas · 1915
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