Horton v. Troll
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. (1) The court erred in refusing to dismiss the plaintiffs’ suit because it was not lawful for Mrs. Dunham to adopt the plaintiffs, even by deed, since her husband was a non-resident of Missouri; it follows that she could not bind herself by verbal contract to adopt.
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Appeal from St. Louis City Circuit Court.—Hon. Daniel D. Fisher, Judge. (1) The court erred in refusing to dismiss the plaintiffs’ suit because it was not lawful for Mrs. Dunham to adopt the plaintiffs, even by deed, since her husband was a non-resident of Missouri; it follows that she could not bind herself by verbal contract to adopt. Gen. Stat. 1865, p. 478, secs. 1 and 2; R. S. 1909, secs. 1671-1672. (2) The court erred in refusing to dismiss the plaintiffs’ suit because, even if Mrs. Dunham made the alleged contract, it was void, since she was a married woman and did not pursue the…
1Opinion of the CourtReynolds, P. J.
The plaintiffs instituted this suit in equity on December 21,1909, in the circuit court of the city of St. Louis, setting up in their petition that they were the only children of one Thomas Hudson, formerly a resident of that city; that in the year 1876, Lavinus Dunham and Elizabeth Dunham, his wife, having no children of their own, entered into an agreement and contract with Thomas Hudson, the father of plaintiffs, that he should surrender the custody and care of plaintiffs, his four daughters, aged at that time respectively, seven, ten, eleven and twelve years, to Lavinus and Elizabeth C.…
2Cases cited11 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Hockaday v. LynnSupreme Court of Missouri · 1906
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Lynn v. HookadaySupreme Court of Missouri · 1901
- Healey v. SimpsonSupreme Court of Missouri · 1892
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3Cited by10 opinions
- Jones v. GuyTexas Supreme Court · 1940
- Cubley v. BarbeeTexas Supreme Court · 1934
- Gravelin v. PorierMontana Supreme Court · 1926
- Roberts v. RobertsCourt of Appeals for the Eighth Circuit · 1915
- Barney v. HutchinsonNew Mexico Supreme Court · 1918
5 more not listed; retrieve them via the Exa API.