Sheffield v. Franklin
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. John Pelham. Ejectment by Eliza Sheffield and others against R. B. Franklin. From a judgment for plaintiff, defendants appeal. The use of the word “child” in section 367, Code 1896, and 2367, Code 1886, has reference to age and not to relationship. — 1 A. & E. Ency. of Law, p. 204-5; In re Moore, 14 R. I. 38; McGregor v. The State. 4 Tex. App. 599; Allen v. The State, 7 Tex. App. 298; 29 Am.
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Appeal from St. Clair Circuit Court. Heard before Hon. John Pelham. Ejectment by Eliza Sheffield and others against R. B. Franklin. From a judgment for plaintiff, defendants appeal. The use of the word “child” in section 367, Code 1896, and 2367, Code 1886, has reference to age and not to relationship. — 1 A. & E. Ency. of Law, p. 204-5; In re Moore, 14 R. I. 38; McGregor v. The State. 4 Tex. App. 599; Allen v. The State, 7 Tex. App. 298; 29 Am. St. Rep. 210, 38 South. 140. The word “child” used in the statute refers to relationship or status. — Ain eg v. DcLoach, 84 Ala. 398; In re Moran,…
1Opinion of the CourtMcCLELLAN, J.
Tliis is a statutory action of ejectment hv appellants against appellee. The affirmative charge ivas given for the defendant, appellee. The plaintiffs asserted their right to a recovery to be as heirs at law of Edna Franldin, deceased, and the defendant maintained his contention as grantee of John Franklin, not a natural heir at law of intestate, but who was, it is alleged, adopted by the said Edna in 1896; he being then 26 years of age.
The pivotal question in the case is: Was the adoption of the grantor of defendant by the intestate a valid act to effect the inheritance by John Franklin of…
2Cases cited5 opinions
- Markover v. KraussIndiana Supreme Court · 1892
- Abney v. DeLoachSupreme Court of Alabama · 1887
- Russell v. RussellSupreme Court of Alabama · 1887
- In re MoranSupreme Court of Missouri · 1899
- Collamore v. LearnedMassachusetts Supreme Judicial Court · 1898
3Cited by10 opinions
- In Re the Adoption of SwansonSupreme Court of Delaware · 1993
- Doby v. CarrollSupreme Court of Alabama · 1962
- Bartholow v. DaviesIllinois Supreme Court · 1916
- Mitchell v. MitchellSupreme Court of Alabama · 1953
- State v. FlathNorth Dakota Supreme Court · 1929
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