Merriman v. Lary

TIREY, Justice.

This is an adoption case and is the second appeal. See Tex.Civ.App., 196 S.W.2d 652. On the second trial plaintiffs abandoned their claim of adoption by the defendant Carrie Smith Lary and sought to establish a contract of adoption executed solely by W. M. Lary, deceased, and further alleged substantially that W. M. Lary failed to file said contract of adoption for record, but that he held out plaintiff Ella Merriman as his child by adoption and that Ella Caldwell, having entered the home of W. M. Lary and having performed services of a child in said home “under the belief and…