Westendorf v. Westendorf
Supreme Court of Iowa
Appeal from Lyon District Court. — William Hutchinson, Judge. Suit in equity for the cancellation of adoption papers which plaintiff alleges she was induced to sign by fraud. There was a decree in the court below, canceling the agreement and ordering the child returned to plaintiff.
1Opinion of the CourtStevens, J.
Plaintiff is a young woman 28 or 24 years of age, the mother of the defendant Norval James Westendorf, who was about 2% years of age, at the time of the trial. The defendant Amby G. Westendorf is her former husband, and the defendant Mamie Westendorf, his mother.
On June 4, 1917, plaintiff- signed papers of adoption, giving Norval to Mamie Westendorf unconditionally. She how brings this action to cancel and set aside the instrument, and in her petition alleges -that she was induced by the false and fraudulent representations and promises of defendants to sign the adoption agreement; and that…
2Cases cited1 opinion
- Smidt ex rel. Smidt v. BenengaSupreme Court of Iowa · 1908
3Cited by12 opinions
- In Re Estate of BrooksSupreme Court of Iowa · 1940
- In Re Estate of CusterSupreme Court of Iowa · 1941
- Leet v. JoderWyoming Supreme Court · 1956
- Watt Ex Rel. Raymond v. DunnSupreme Court of Iowa · 1945
- In Re Adoption of B J.H.Supreme Court of Iowa · 1997
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