20 So. 2d 206 | Ala. | 1944
Petition was for the custody of a girl about two years of age. The suit was in equity and the prayer of the bill was denied on oral testimony. The child was adopted by consent by the respondents shortly after birth. *232
The pole star of such a suit is the best interest of the infant. Worthy v. Worthy, Ala.Sup.,
In a suit to restore an adopted child to its natural parent, it has been held by this court that the adoption proceedings, though not conclusive, were entitled to weighty consideration, especially where they were had with the consent and at the request of the parent of the child. McClure v. Williams,
It is immaterial whether the case is presented by bill, petition or habeas corpus, the material and paramount consideration is the well-being of the infant. McDaniel v. Youngblood,
Many recent decisions of this court are to the effect that a recital of respective tendencies of evidence may not be necessary and that the court, out of consideration for the parties involved, and the necessities of the case, may refrain from doing so. Ray v. Ray,
The voluminous record has been carefully considered. The trial court saw and heard the witnesses on oral examination and reached the conclusion that the child should not be taken from its adopted parents. Without a recitation of the evidence, we are content to say that, the right conclusion was reached by the trial court and its decree should be affirmed.
Affirmed.
GARDNER, C. J., and FOSTER and STAKELY, JJ., concur.