Henderson v. Feary

This is an appeal by the natural father from an order of the Jefferson County Probate Court denying a motion to set aside the adoption of his child.

Title 27, § 3, Code of Alabama 1940, in pertinent part provides:

"No adoption of a minor child shall be permitted without the consent of his parents, but the consent of a parent who has abandoned the child, . . . may be dispensed with, . . ."

There is no contention that James F. Henderson, the natural father of the child and appellant herein, consented to the adoption. Hence, the dispositive issue before this court is whether the evidence introduced…