Durham v. Barrow

DENTON, Justice.

The plaintiffs, the natural mother and the guardian ad litem of two minor children in a prior suit, brought a bill of review to set aside the adoption of the children, and to return the children to the natural mother. The adoptive parents filed a plea in bar on the grounds that the plaintiffs lacked standing to bring a bill of review because they were not parties to the adoption, and thus had no standing as a matter of law. The trial court sustained the plea in bar and dismissed the action without granting leave to amend.

On appeal, the plaintiffs argued that the trial court…