Legal Opinion

In Re Deford

Supreme Court of North Carolina

Decided March 20, 1946PublishedCited by 15 opinions

Appeal by respondents Nettie DeFord, Cyntbia DeFord Adams, and Sgt. Lyman DeFord, from Carr, J., September, 1945. From JohNSTON. Proceeding instituted in tbe juvenile court of Johnston County to determine the custody of James Lyman DeFord, an infant seven years of age. Petitioner, Mrs. Elizabeth Brown Mann, and respondent Lyman DeFord, a native of North Carolina, married 25 January, 1935, in Louisiana, of which State petitioner was then a resident.

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Appeal by respondents Nettie DeFord, Cyntbia DeFord Adams, and Sgt. Lyman DeFord, from Carr, J., September, 1945. From JohNSTON. Proceeding instituted in tbe juvenile court of Johnston County to determine the custody of James Lyman DeFord, an infant seven years of age. Petitioner, Mrs. Elizabeth Brown Mann, and respondent Lyman DeFord, a native of North Carolina, married 25 January, 1935, in Louisiana, of which State petitioner was then a resident. DeFord was then and is now a sergeant in the United States Army. On 1 July, 1938, James Lyman DeFord, their only child, was born. In September,…

1Opinion of the CourtBarNhill, J.

When the court below directed that the infant, James Lyman DeFord, remain in the custody of Mrs. Cynthia DeFord Adams, its paternal aunt, as the agent of its father, the respondent Lyman DeFord, it in effect awarded custody to the father, subject to the pro vision that the child must be eared for in the home of Mrs. Adams. This part of the order entered is in accord with the decisions of this Court. Newsome v. Bunch, 144 N. C., 15; In re Jones, 153 N. C., 312, 69 S. E., 217; Latham v. Ellis, 116 N. C., 30; In re Lewis, 88 N. C., 31; In re Turner, 151 N. C., 474, 66 S. E., 431; In re Fain, 172…

2Cases cited20 opinions

  1. Central National Bank v. StevensSupreme Court of the United States · 1898
  2. Wilson v. ElliottTexas Supreme Court · 1903
  3. The Board of Commr's of Knox County v. AspinwallSupreme Court of the United States · 1861
  4. In Re AldermanSupreme Court of North Carolina · 1911
  5. Harris v. . HarrisSupreme Court of North Carolina · 1894

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3Cited by15 opinions

  1. In Re BlalockSupreme Court of North Carolina · 1951
  2. Pugh v. PughWest Virginia Supreme Court · 1949
  3. Griffith v. GriffithSupreme Court of North Carolina · 1954
  4. McAlister v. PattersonSupreme Court of South Carolina · 1982
  5. Gafford v. PhelpsSupreme Court of North Carolina · 1952

10 more not listed; retrieve them via the Exa API.

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