Venegas v. Mascorro

Ed. F. McFaddin, Justice.

This is a controversy between the mother and the father, each seeking the custody of their baby, 13 months of age at the time of the trial. The chancery court awarded the custody to the mother, and that ruling is challenged by this appeal. Our cases hold that an order awarding the custody of a child is appealable; 1 and that on appeal we try the case de novo on the record, and reverse the decree of the chancery court if we find it to be contrary to the preponderance of the evidence. 2

In the light of- these holdings, we examine the testimony in the case at bar.…