Legal Opinion

Sheffield v. Franklin

Supreme Court of Alabama

Decided June 13, 1907PublishedCited by 10 opinions

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

  1. Markover v. KraussIndiana Supreme Court · 1892
  2. Abney v. DeLoachSupreme Court of Alabama · 1887
  3. Russell v. RussellSupreme Court of Alabama · 1887
  4. In re MoranSupreme Court of Missouri · 1899
  5. Collamore v. LearnedMassachusetts Supreme Judicial Court · 1898

3Cited by10 opinions

  1. In Re the Adoption of SwansonSupreme Court of Delaware · 1993
  2. Doby v. CarrollSupreme Court of Alabama · 1962
  3. Bartholow v. DaviesIllinois Supreme Court · 1916
  4. Mitchell v. MitchellSupreme Court of Alabama · 1953
  5. State v. FlathNorth Dakota Supreme Court · 1929

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