Cathcart v. Myers

The opinion of the court was delivered by

PORTER, J.:

The action in the district court was brought by the plaintiff to enforce specific performance of an alleged oral agreement between her father, William Cooney, and Felix C. Duffy, deceased, by which it is claimed the latter agreed to leave her all the property of which he might die seized in consideration of her father’s surrender to him of her custody and permitting him to adopt her. The district court found that such contract was made and adjudged that plaintiff should have all the estate of Felix C. Duffy, subject to the payment of debts.…