Legal Opinion · Concurrence

Calvert v. Johnston

Court of Appeals of Texas

Decided July 3, 1957No. 10499Published

1Concurrence

HUGHES, Justice.

I concur solely on the ground that Grant Lindsey, Jr., was not a “legally adopted child” within the meaning of art. 7118,. Class A, V.A.C.S.

It is conceded by appellee that Grant Lindsey, Jr. has not been adopted by any “statutory process.” This, to my mind,, settles the issue. I believe that to be “legally adopted” requires a statutory adoption.

In Sweatman v. Bathrick, 17 S.D. 138, 95 N.W. 422, 424, the Court in considering the: dedication of a street said:

“ * * * it is evident from the language used that the learned circuit court was referring to legal dedication; that is,…

2Cases cited6 opinions

  1. People v. MancusoNew York Court of Appeals · 1931
  2. Sommers v. DoersamOhio Supreme Court · 1926
  3. Sweatman v. BathrickSouth Dakota Supreme Court · 1903
  4. Wooster v. Iowa State Tax CommissionSupreme Court of Iowa · 1941
  5. Carney v. Southwestern Motor Transport, Inc.Texas Supreme Court · 1954

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