Prince v. Prince
Supreme Court of Alabama
Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by Joe S. Prince against J. G. Prince and others to enforce an adoptive contract or agreement made between the mother of complainant and one William T. Prince and wife. Decree for complainant, and respondents appeal. For another branch of this case, see Prince u.
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Appeal from DeKalb Chancery Court. Heard before Hon. W. H. Simpson. Bill by Joe S. Prince against J. G. Prince and others to enforce an adoptive contract or agreement made between the mother of complainant and one William T. Prince and wife. Decree for complainant, and respondents appeal. For another branch of this case, see Prince u. Primee, et ail., 188 Ala. 559, 66 South. 27. The bill of complaint shows in substance as follows: That complainant’s mother agreed with one William T. Prince and his wife that if they would so- adopt complainant, then a few months old, that he would inherit…
1Opinion of the Court
SOMERVILLE, J.—(1) By the weight of authority, and upon the soundest principles of equity, justice, and sound policy, it is held that, although a declaration of adoption is invalid by reason of its non compliance with statutory requirements, yet where the actual parent, or some one in loco parentis, has surrendered the custody of the child to the adoptive parent, upon the mutual agreement that such child shall be adopted by and made the legal heir of the later, and this agreement is fully performed by the child, a court of chancery will decree *458a specific performance of the adoption contract…
2Cases cited7 opinions
- Kofka v. RosickyNebraska Supreme Court · 1894
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Wright v. WrightMichigan Supreme Court · 1894
- Burns v. SmithMontana Supreme Court · 1898
- Prince v. PrinceSupreme Court of Alabama · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ex Parte SullivanSupreme Court of Alabama · 1981
- Davis v. TurnerCourt of Civil Appeals of Alabama · 1976
- Charles H. Cook Bible School v. CollierArizona Supreme Court · 1933
- Besche v. MurphyCourt of Appeals of Maryland · 1948
- Lampkin v. StrawbridgeSupreme Court of Alabama · 1942
16 more not listed; retrieve them via the Exa API.