Cotten v. Hamblin

The appellant filed his complaint in the chancery court of Saline county, seeking to set aside an adoption decree that had been entered by the probate court of that county. When the case came on for trial the chancellor dismissed the complaint upon his own motion, holding that the plaintiff had failed to state a cause of action within the jurisdiction of the chancery court. In reviewing that ruling we test the sufficiency of the complaint as upon demurrer.

The plaintiff alleges that he is the paternal grandfather of two boys, aged 13 and 11, who have been cared for almost all their lives by…