Adams v. Adams

Citations

• 102 Miss. 259
• 59 So. 84

Syllabus

<p>1. Adoption. Decree. Effect. Collateral attack. Code 1880, section 1496.</p> <p>Where a petition was filed under Code 1880, section 1496, seeking the adoption of a minor and a decree was entered providing that the custody of the minor be awarded to the adopting father; that he be clothed with all the rights and bound by all the obligations with reference to said child as that of a parent; that said child be clothed with all the rights and bound by all the obligations with reference to the adopting father and his estate, real and personal, at his death, as that of a daughter, and that the name of the child be changed to that of the adopting father. Such a decree creates, the relationship of heir on the part of the adopted daughter.</p> <p>2. Same.</p> <p>Where the court granting the decree of adoption had general jurisdiction of the subject-matter and of the parties before it, on collateral attack it will be presumed that the petition was presented to the circuit court of the proper county.</p> <p>3. Same.</p> <p>To sustain an adoption oral evidence may properly be received of supporting facts not disclosed from the record or writing evidencing the adoption.</p> <p>4. Same.</p> <p>There is nothing in section 1496, Code 1880, providing that a petition for adoption of a child should state the name and age of the child, the names of the parents or guardians, etc., which requires that these averments must appear affirmatively in the record in order that jurisdiction may exist, and a decree of adoption is good, when collaterally attacked, where the mother and the adopt- . ing father joined in the petition for adoption, although the petition did not disclose the name of the father of the child or its guardian or whether they were living or whether their consent, if living, had been obtained.</p>