Cubitt v. Cubitt

The opinion of the court was delivered by

Graves, J.:

This is a suit for partition. George Cubitt died while the owner of the property in controversy. The plaintiff in error claims to be the heir at law of George Cubitt by adoption. The defendants in error deny the validity of the adoption. This presents the sole controversy in the case. The adoption proceedings were had under sections 4186, 4187 and 4188 of the General Statutes of 1901, which, so far as applicable to the points in dispute, read:

“Any parent may, with the approval of the probate judge of the county where such parent may reside,…