Lynn v. Hookaday
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) Where parol agreement is made to adopt a child and the child in good faith carries out the agreement by part performance, the contract is valid, and will be specifically enforced in equity.
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Appeal from Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) Where parol agreement is made to adopt a child and the child in good faith carries out the agreement by part performance, the contract is valid, and will be specifically enforced in equity. Sharkey v. McDermott, 91 Mo. 647; Healey v. Simpson, 113 Mo. 340; Teats v. Flanders, 118 Mo. 660; Nowack v. Berger, 133 Mo. 24; Davis v. Hendricks, 99 Mo. 478; Yan Dyne v. Vreeland, 11 N. J. Eq. 370, 12 N. J. Eq, 142; Wright v. Wright, 99 Mich. 170, 58 N. W. 54; Carmichael v. Carmichael, 72 Mich. 70; Shahan v. Swan (Ohio), 26 N. E. 222. (2) An…
1Opinion of the CourtYalliant, J.
This suit was for the admeasurement of dower of the widow of James Lynn, intestate, in which his son, James F. Lynn, claimed to be the only heir, but by leave, Lillie Hockaday was made a party and filed an answer and cross-bill showing that she was in fact the adopted daughter of the intestate, although no deed of adoption had been executed, and claiming a child’s share in the estate. Issue was joined on the case made in her cross-bill and upon the trial by the court there was a finding and decree against her, from which decree this appeal is taken.
The testimony on behalf of Lillie Hockaday…
2Cases cited8 opinions
- Garvin's Administrator v. WilliamsSupreme Court of Missouri · 1872
- Moore v. WingateSupreme Court of Missouri · 1873
- Holman v. BachusSupreme Court of Missouri · 1880
- Bates v. ForchtSupreme Court of Missouri · 1886
- Spradling v. ConwaySupreme Court of Missouri · 1872
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3Cited by58 opinions
- Hockaday v. LynnSupreme Court of Missouri · 1906
- Estate of RadovichCalifornia Supreme Court · 1957
- Cubley v. BarbeeTexas Supreme Court · 1934
- Fiske v. LawtonSupreme Court of Minnesota · 1913
- Wheeling Dollar Savings & Trust Co. v. SingerWest Virginia Supreme Court · 1978
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