Whitten v. Whitten

This is a petition in equity by W. H. Whitten, the father, against Ola Whit-ten, the mother, for the possession, custody, and control of their son, Wallace Bailey Whitten, who is four years of age. The court, on the pleading and oral testimony of witnesses, dismissed the petition, awarded the custody and control of the child to its mother, and reserved the cause for further orders and control of the court. This appeal is prosecuted by the petitioner, the father, from that decree, and it is the error assigned.

This is a contest between the father and mother of the child for his custody and…