Swan v. Shahan
Knox County Circuit Court
Appear from the Court of Common Pleas of Knox county. The petition sets forth in substance, that in the year 1840, the plaintiff was about two years of age, and resided with her mother, Nancy J. Elliott, a single woman, who had the sole care and custody of her; that during said year, James E. Woodbridge and Lydia T. Woodbridge, his wife, requested the said Nancy J. Elliott, the mother of the plaintiff, to permit them to take, the said plaintiff to their home and adopt her as…
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Appear from the Court of Common Pleas of Knox county. The petition sets forth in substance, that in the year 1840, the plaintiff was about two years of age, and resided with her mother, Nancy J. Elliott, a single woman, who had the sole care and custody of her; that during said year, James E. Woodbridge and Lydia T. Woodbridge, his wife, requested the said Nancy J. Elliott, the mother of the plaintiff, to permit them to take, the said plaintiff to their home and adopt her as their own child; and as an inducement to grant said request, they informed said Nancy J Elliott, that they had no…
1Opinion of the CourtAlbatjgh, J.
The most important question presented for our consideration is raised by the demurrer to the second defense, and if we are right in the conclusion we have reached as to that, the-other questions are not of difficult solution. The able arguments of counsel on both sides, have not been strictly confined to the questions presented by the several demurrers ; but it has also been claimed and elaborately argued, that the contract upon which this action is based, is void for the want of mutuality, and for inadequacy of consideration. The validity of the contract in these respects must necessarily be…
2Cases cited4 opinions
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Lester v. LesterSupreme Court of Virginia · 1877
- Tutt v. CloneySupreme Court of Missouri · 1876
- Rhodes v. RhodesNew York Court of Chancery · 1846