Legal Opinion

Cooley v. Powers

Indiana Court of Appeals

Decided June 28, 1916No. 9,436Published

Prom Montgomery Circuit Court; Jare West, Judge. Action by Joseph G. Cooley and another against Francis W. Powers. From a judgment for defendant, the plaintiffs appeal.

1Concurrence 1

*64Concurring Opinion.

Hottel, P. J.

I concur in the conclusion reached in the majority opinion but I am unable to say that I wholly concur with the reasoning upon which it is based.

I do not question the right of the legislature “to place a child by adoption in the direct line of descent,” nor do I doubt that, subject to the proviso therein, such is the effect of §870 Burns 1914, supra, which provides that such adopted child shall “be entitled to and receive all the rights and interest in the estate of such adopting father or mother, by descent or otherwise, that such child would if the natural…

Also in this document: Concurrence · McNutt.

2Cases cited1 opinion

  1. Cooley v. PowersIndiana Court of Appeals · 1916

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