McShan v. McShan
Mississippi Supreme Court
Appeal from the decision of Hon. Laeayette Haughton, Chancellor of the First Judicial District, on habeas corpus. The case is stated in the opinion of the court. 1. The father has a right superior to that of the mother to the custody of their legitimate children. 2 Kent’s Comm. 20, 191, 193, 205 ; King v. Qreenhill, 4 Ad. & E. 624 ; Codee v. lian-num, 39 Miss. 423. 2. This father has done nothing, nor does any thing appear in the circumstances of the case, to destroy his…
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Appeal from the decision of Hon. Laeayette Haughton, Chancellor of the First Judicial District, on habeas corpus. The case is stated in the opinion of the court. 1. The father has a right superior to that of the mother to the custody of their legitimate children. 2 Kent’s Comm. 20, 191, 193, 205 ; King v. Qreenhill, 4 Ad. & E. 624 ; Codee v. lian-num, 39 Miss. 423. 2. This father has done nothing, nor does any thing appear in the circumstances of the case, to destroy his superior right. 3. The case of Foster v. Alston, 6 How. 406, is not in conflict with’the foregoing views ; and, if in…
1Opinion of the CourtSiMRALL, C. J.
This is a contestation between the father and mother (who have separated) for the custody of two children of very tender age, issue of the marriage.
As is not uncommon in such cases, there is crimination and recrimination. The father plants himself on his paternal right, superior, in the estimation of the law, to the maternal. The mother pleads to retain the children because of their tender years, and sex, and their constant need of her nurture and care; and since she has cherished them, and ministered to their wants since the separation, without sympathy from the husband until very lately,…
2Cases cited3 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Cocke v. HannumMississippi Supreme Court · 1860
3Cited by11 opinions
- Hibbette v. BainesMississippi Supreme Court · 1900
- Coulter v. SypertSupreme Court of Arkansas · 1906
- Mayfield v. BRAUND, ET UX.Mississippi Supreme Court · 1953
- Bullock v. RobertsonIndiana Supreme Court · 1902
- McAdams v. McFerron Et Ux.Mississippi Supreme Court · 1938
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