Legal Opinion · Dissent

Lankford v. Wright

Supreme Court of North Carolina

Decided September 5, 1997No. 308PA96Published

1DissentChief Justice Mitchell

In its opinion, the majority for the first time accepts the doctrine of equitable adoption for North Carolina. As applied by the majority in this case, the doctrine results in neither an adoption nor equity. Therefore, although I am convinced the majority is engaged in an honest but unfortunate attempt to do good in the present case, I must dissent.

“Equity” is that established set of principles under which substantial justice may be attained in particular cases where the prescribed or customary forms of ordinary law seem to be inadequate. 27A Am. Jur. 2d Equity § 1 (1994). Equity “is a…

2Cases cited18 opinions

  1. Casey v. CavarocSupreme Court of the United States · 1878
  2. Ladd v. Estate of KellenbergerSupreme Court of North Carolina · 1985
  3. Bedal v. JohnsonIdaho Supreme Court · 1923
  4. Wilson v. AndersonSupreme Court of North Carolina · 1950
  5. Couch v. CouchCourt of Appeals of Tennessee · 1951

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