Sharkey v. McDermott
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The petition in the case avers, in substance, that the plaintiff was given by her mother, a widow, to Catherine McLaughlin, the wife of James McLaughlin; that this occurred in January, 1862, at which time plaintiff was an infant of four years ; that the arrangement between the adults, as to the care of the child, was, that she was to be legally adopted by them, and inherit their property ; that she continued to reside in the household…
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Appeal from St. Louis Court of Appeals. The petition in the case avers, in substance, that the plaintiff was given by her mother, a widow, to Catherine McLaughlin, the wife of James McLaughlin; that this occurred in January, 1862, at which time plaintiff was an infant of four years ; that the arrangement between the adults, as to the care of the child, was, that she was to be legally adopted by them, and inherit their property ; that she continued to reside in the household of James and Catherine until 1876, at which time James died; that, during the time she was in the h ousehold, she was…
1Opinion of the CourtRay, J.
This action was disposed of, upon a demurrer to the petition, which is of considerable length, and appears in full in the opinion of the St. Louis court of appeals, 16 Mo. App. 80. The correctness of the ruling of the trial court in sustaining the demurrer, and entering judgment thereon in favor of the defendants which was afterwards, affirmed in the court of *652appeals, is the only question now involved in the •case.
We are not able to concur in the view of the petition, and of plaintiff’s rights, as therein declared, adopted and entertained by said courts. In the first place, the statute of…
2Cases cited6 opinions
- Sutton v. HaydenSupreme Court of Missouri · 1876
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Wright v. TinsleySupreme Court of Missouri · 1860
- West v. BundySupreme Court of Missouri · 1883
- Anderson v. ShockleySupreme Court of Missouri · 1884
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3Cited by92 opinions
- Winne v. . WinneNew York Court of Appeals · 1901
- Kofka v. RosickyNebraska Supreme Court · 1894
- Hockaday v. LynnSupreme Court of Missouri · 1906
- Anderson v. AndersonSupreme Court of Kansas · 1907
- Chehak v. BattlesSupreme Court of Iowa · 1907
87 more not listed; retrieve them via the Exa API.