
    10632.
    MANIGO v. TYLER.
    (107 S. E. 914)
    Appeal and Error — Finding Ti-iat Best Interests of Children Required Their Custody ry Their Eather Sustained. — A finding that it was to the best interests of two children that their care and custody be awarded to their father, instead of permitting them to remain with their grandfather, will be sustained, where the grandfather on appeal fails to convince the Supreme Court by the evidence that the finding was erroneous.
    Before Rice, J., Bamberg, July, 1920.
    Affirmed.
    Petition for writ of Plabeas Corpus by Edward Manigo against Sam Tyler. Erom decree awarding the custody of children to the petitioner, the defendant appeals.
    
      Mr. J. Wesley Crum, Jr., for appellant,
    cites: Welfare and best interests of the child are the controlling elements: 113 S. C., 39; 84 S. E., 552; 76 S. C„ 153; 72 S. C.,16; 54 S. C., 388; 6 Rich., 344; 29 Cyc., 1594.
    
      Mr. W. B. Bree, for respondent,
    cites: Proceeding in habeas corpus is on law side of the Court and findings of fact are decisive: 19 S. C., 604; 75 S. C., 219. Righf of parent to custody of child must be recognized and considered along with interest of children'. 72 S. C., 18.
    June 30, 1921.
   The opinion of the Court was delivered by

Mr. Justice Watts.

This is an appeal from decree of Circuit awarding the custody and care of' two children to the respondent, the father, over that of the grandfather, the appellant.

The exceptions', three in number, impute error to his Honor in his findings that the best interests of the children was that they be given to the father, and not to remain in the care and custody of the appellant, the grandfather. The appellant has failed to convince us by the evidence in the case that his Honor was in error, and that we should substitute our judgment; for that of the; Circuit Court. The greater weight of the testimony sustains his Honor’s findings.

All exceptions are overruled, and judgment affirmed.  