Mowery v. Ealey

This appeal, designated as an appeal on questions of law and fact, was presented and is retained in this court as an appeal on questions of law.

Plaintiff-appellee, • Charles 0. Mowery, brought an action in the Common Pleas Court of Scioto County praying that an order of adoption theretofore made in the Probate Court of that county whereby his daughter, Joyce Ann, was adopted by the defendant appellants, Cora Mae Ealey and Herschel Ealey, now husband and wife, be set aside and declared null and void.

The pertinent allegation in the petition is as follows :

“On the 23rd day of February, 1943, an…