
    MARIE VIOLET ALLEN vs. COVINGTON K. ALLEN.
    
      Divorce — Cruelty of Treatment — Findings of Fact — Custody of Child.
    
    Tlie finding of tlie trial court on a question of fact in reference to an asserted cause for divorce should not he disturbed unless the appellate court is able to say that such finding is clearly wrong.
    The party charging the matrimonial offense must present more than equally balanced testimony, it being for him affirmatively and satisfactorily to prove it.
    The wife’s charges of cruelty of treatment as a ground for divorce not being supported by the evidence, held that the husband, on bis cross-bill, was entitled to a divorce a vinculo malrinionii by reason of her unjustifiable abandonment of him for over three years.
    The father, although granted a divorce on the ground of abandonment, not appearing to be in a position to give the infant child the best educational advantages, and he being frequently absent from home, held that the custody of the child" should he awarded to the mother, on the understanding that he should remain at a military school, where he had been placed by the molher’s sister.
    
      Decided January 10th, 1922.
    
    Appeal from the Circuit Court Xo. 2 of Baltimore City {Carrotj, T. Borov, J.).
    Bill by Varíe Violet Allen agaius-t Covington X. Allen for divorce. From a decree for defendant on his cross-bill, plaintiff appeals.
    Reversed in part.
    
      The cause was argued before Boyd, C. J., Thomas, Pattison, Urner, Stockbridge, and Adkins, JJ.
    
      William L. Marbury and Albert S. J. Owens, for the appellant.
    
      John L. Sanford, for the appellee.
   Adkins, J.,

delivered the opinion of the Court, affirming the decree as to the refusal of the prayer of appellant’s bill, of complaint for a divorce, and as to the granting- of a divorce a vinculo matrimonii to the appellee,-and reversing it as to the award of the custody of the infant child and as to. the disposition of the furniture; costs to be paid by the appellee.  