Payne v. Payne

Petition for the custody of a child by A. J. Payne against Ola Payne. The appeal is from a decree denying relief and dismissing the petition.

Petitioner is the paternal grandfather of A: J. Payne, Jr., a boy five years of age, the child of Ola Payne (appellee here) and Ray Payne, now deceased. The parents of the boy were divorced on May 13, 1926, the father remarrying. They lived in Birmingham, within two blocks of-the child’s grandparents. It appears well established by the proof that the child was, and had been for more than a year, in the custody of its grandparents, when on June 30, 1927,…