Cubitt v. Cubitt

Citations

• 74 Kan. 353
• 86 P. 475
• 1906 Kan. LEXIS 69

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Record — Correction—Clerical Mistakes. Mere clerical omissions and mistakes in the orders and judgments of a court of record may be corrected by the court at any time, when it is clearly apparent from the whole record in the case what the true entry should have been.</p> <p>2. Parent and Child — Adoption — Immaterial Error in the Order. Where proceedings are had in the probate court for the adoption of an infant, and it clearly appears from the record of such proceedings that all interested parties were present in court, and that the court made an order that such infant be adopted, the mere fact that the name of the mother of the infant appears in the order of adoption where the name of the adopting'parent should have been written is immaterial and will be disregarded, when it is clearly apparent from such record that the name was written there by an oversight and mistake and that the name of the adopting parent was intended.</p> <p>3. ■ — - Avoidance of the Order by Heirs of the Adopting Parent. Where an order of adoption is made by a probate court at the request of the adopting parent, and such order is acted upon by all parties as valid, and the adopting parent takes and keeps the custody and control of the adopted infant and treats him as his own child for several years, and' then dies, the surviving heirs and legal representatives of such deceased adopting parent cannot avoid the legal effect of the adoption proceedings for any mere irregularities or clerical mistakes.</p>