Barney v. Hutchinson
New Mexico Supreme Court
Appeal from District Court, San Miguel County, Leahy, Judge. Action by Roxia Elizabeth Barney, a minor, by William B. Bunker, her next friend, against George H. Hutchinson, administrator, and others. From a judgment dismissing the action, plaintiff appeals. Frank Barney was legally adopted. Lindsley v. Patterson, 177 S. W. 826; Horton v. Troll, 183 Mo. App. 677. • Contracts of adoption fully performed on one side will be specifically enforced. 4 Pom. Eq. Jur.
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Appeal from District Court, San Miguel County, Leahy, Judge. Action by Roxia Elizabeth Barney, a minor, by William B. Bunker, her next friend, against George H. Hutchinson, administrator, and others. From a judgment dismissing the action, plaintiff appeals. Frank Barney was legally adopted. Lindsley v. Patterson, 177 S. W. 826; Horton v. Troll, 183 Mo. App. 677. • Contracts of adoption fully performed on one side will be specifically enforced. 4 Pom. Eq. Jur. (44th Ed.) Sec. 1405; Van Tyne v. Van Tyne, 1 L. R. A. 155; Chehalc v. Betties, 8 L. R. A. (N. S.) 1130; Van Dyne v. Vreeland, 3rd…
1Opinion of the Court
OPINION OP THE COURT.
PABKEB, J.
This is an appeal from the district court of San Miguel county by Boxia Elizabeth Barney, minor, by William B. Bunker, her next friend, from a judgment dismissing the action, instituted by her against George H. Hutchinson, administrator, surviving spouse of Annie C. Hutchinson, who was formerly Annie C. Barney, Sarah Hill, Charles W. Hill, Jr., and George H. Hutchinson in his individual capacity.
The facts of the case are undisputed. On May 11, 1880, J. W. Barney and Annie C. Barney, his wife, then residents of Las Vegas, N. M., entered into a written contract…
2Cases cited32 opinions
- Furgeson v. JonesOregon Supreme Court · 1888
- Crawford v. WilsonSupreme Court of Georgia · 1913
- In re the Estate of StevensCalifornia Supreme Court · 1890
- Anderson v. AndersonSupreme Court of Kansas · 1907
- Chehak v. BattlesSupreme Court of Iowa · 1907
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3Cited by22 opinions
- Jones v. GuyTexas Supreme Court · 1940
- Cubley v. BarbeeTexas Supreme Court · 1934
- Wooley v. Shell Petroleum Corp.New Mexico Supreme Court · 1935
- Davis v. TurnerCourt of Civil Appeals of Alabama · 1976
- Estate of TaggartCalifornia Supreme Court · 1923
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