Wallace v. Blanchard
New Mexico Supreme Court
Appeal from District Court, Chaves Comity; Brat-ton, Judge. • Habeas corpus by James Day 'Wallace, on behalf of Hazel May Wallace and Pauline Minta Wallace, minors, and James Day Wallace, against W. E. and Francis L. Blanchard, to obtain the custody of the two minors. Custody awarded to petitioner, and respondents appeal. Consent by putative father is unnecessary to adoption. 1 Jones Blue Book Evid.
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Appeal from District Court, Chaves Comity; Brat-ton, Judge. • Habeas corpus by James Day 'Wallace, on behalf of Hazel May Wallace and Pauline Minta Wallace, minors, and James Day Wallace, against W. E. and Francis L. Blanchard, to obtain the custody of the two minors. Custody awarded to petitioner, and respondents appeal. Consent by putative father is unnecessary to adoption. 1 Jones Blue Book Evid. Sec. 93; Grates v. Garcia, 20-N. M. 162'. Mother is not competent to testify that child born in lawful wedlock was not-begotten by husband. Grates v. Garcia, supra. Mother of illegitimate child is…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, J.
Petitioner was awarded the custody of two minor children by habeas corpus proceedings. This appeal is from final judgment therein.
The facts, briefly stated, upon which the ease must be decided, are as follows:
Respondents are brothers, and in the year 1918 they were living on the same ranch in Lincoln county, this state. It is conceded by counsel for petitioner that respondents are morally and financially qualified and able to have the care and custody of the infants herein named. In 1918, Mrs. Kaiser, a sister of petitioner, got in communication with the…
2Cases cited18 opinions
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