Legal Opinion

Prince v. Prince

Supreme Court of Alabama

Decided June 18, 1914PublishedCited by 19 opinions

Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by John G. Prince and others, against Joe S. Prince. Judgment for plaintiffs and defendant apv peals.

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Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Ejectment by John G. Prince and others, against Joe S. Prince. Judgment for plaintiffs and defendant apv peals. Declaration of adoption in Alabama is more in the nature of'a'deed than anything" else — -A.imey v. DeLoach, 84 Ala. 394. Acknowledgement dispenses with the necessity of witnesses, and, makes an instrument self proving, but where witnesses are properly shown a paper is duly attested.— §§ 337^3357, 3382, Code 1907; White v. Hutchins, 40 Ala./257; Jordan v. McClure, 170 Ala. 313. The adoptionbeing more than thirty…

1Opinion of the Court

de GRAFFENRIED, J.

Section 5202 of the Code of 1907, which is now and was operative as the law of this state at the time to which we hereafter refer, provides as follows: “Any person desirous to adopt a child so as to make it capable of inheriting his estate, real and personal, or to change the name of one previously adopted, may make a declaration in writing, attested by two witnesses, setting forth the name, sex and age of the child lie wishes to adopt, and the name he wishes it thereafter to be known by, which, being acknowledged by the declarant before the judge of probate of the county of…

2Cases cited7 opinions

  1. Shearer v. WeaverSupreme Court of Iowa · 1881
  2. Abney v. DeLoachSupreme Court of Alabama · 1887
  3. Gantt's Adm'r v. PhillipsSupreme Court of Alabama · 1853
  4. White v. HutchingsSupreme Court of Alabama · 1866
  5. Cofer v. ScrogginsSupreme Court of Alabama · 1893

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

3Cited by19 opinions

  1. Murphree v. HansonSupreme Court of Alabama · 1916
  2. Aiken v. McMillanSupreme Court of Alabama · 1925
  3. Hanks v. HanksSupreme Court of Alabama · 1967
  4. Prince v. PrinceSupreme Court of Alabama · 1915
  5. Besche v. MurphyCourt of Appeals of Maryland · 1948

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