Settle v. Meyers

John A. Fogleman, Justice,

dissenting. 1 cannot agree to the reversal of this child custody decree. Appellate review of decrees in these cases should be no different from that in any other case, i. e., we should not reverse the chancellor’s findings unless we can say that they are clearly against the preponderance of the evidence. It is probably more important that we adhere to this rule in custody cases than in others. The superior ability of the chancellor to properly determine the critical issue (the best welfare of the child) is never more apparent than it is in awarding custody of a…