75 S.W.2d 817 | Ark. | 1934
The unfortunate marital troubles of appellant and appellee were thoroughly and sufficiently aired in the case of Kirby v. Kirby,
It is the well-settled doctrine in this State that the chancellor, in awarding the custody of all infant child or in modifying such award thereafter, must keep in view primarily the welfare of the child, and should confide its custody to the parent most suitable therefor, the right of each parent to its custody being of equal dignity. Act 257 of 1921. Caldwell v. Caldwell,
In Weatherton v. Taylor,
Without setting out in detail the testimony adduced upon the hearing for the modification of the previous order, it suffices to say that the only material charges established in the circumstances of the parties and the child are that the child is now almost four years of age and was only an infant at the time of the previous order, and the father or appellant has remarried.
We are unwilling to overturn the chancellor's finding of fact in regard to the custody of the child upon the showing made. It is the uniform practice in this court that a chancellor's finding of fact will not be overturned on appeal unless found to be clearly against the preponderance of the testimony. Eureka Stone Co. v. First Christian Church,
No error appearing, the decree is affirmed. *939