Legal Opinion · Dissent

Crilly v. Morris

South Dakota Supreme Court

Decided September 12, 1945No. File No. 8684Published

1Dissent

SICKEL, J„

(dissenting).

The majority opinion holds that the conveyances made by decedent to defendants are void, and with that part of the opinion I agree. On the question of adoption I believe the opinion goes too far in applying the rule of circumstantial evidence to this class of cases.

The circuit court found:

“That a short time after the death of Clara’s mother, her father and the Helds entered into an oral contract by the terms of which Alex Linton agreed to relinquish any further right to Clara and to give her to the Helds, who agreed to adopt her as their daughter and to treat and…

2Cases cited22 opinions

  1. Hamlin v. . StevensNew York Court of Appeals · 1903
  2. Middleworth v. . OrdwayNew York Court of Appeals · 1908
  3. Mahaney v. . CarrNew York Court of Appeals · 1903
  4. Niehaus v. MaddenSupreme Court of Missouri · 1941
  5. Roberts v. RobertsCourt of Appeals for the Eighth Circuit · 1915

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