Praytor v. Cole

FOSTER, Justice.

The question in this case is whether a petition for the adoption of a minor child by its maternal grandparents under the provisions of Title 27, Chapter 1, Code 1940, pending in the probate court, serves to prevent a court of equity in that county from hearing a petition by the father of the child to have its custody awarded to him under the general equity powers of such a court over the custody of a minor child, when the proceeding in equity was begun after the adoption petition was filed.

This Court has held that under section 5202, Code of 1907, the adoption of a minor child…