Fisher v. Browning

Citations

• 107 Miss. 729
• 66 So. 132

Syllabus

<p>1. Adoption. Bights of adopted children. Inheritance. What law governs. Buies of decision. Comity. Judgment. Conclusiveness. Bes judicata.</p> <p>Under Code 1906, section 542, providing, that’an adopted child shall be entitled to all the benefits proposed by the petitioner to be granted and conferred in the petition for adoption, an adopted child cannot take property by descent from its adopting parents unless such right is specifically given to it in the petition for adoption and in the decree of the court in response to it.</p> <p>2. Inheritance by Adopted Chibdken. What law governs.</p> <p>Since the descents of lands is governed by the lex rei sitae, and since lands in Mississippi must descend according to the laws of Mississippi and since under the laws of this state an adopted child may not inherit from foster parents unless so specified in the petition for adoption and the decree of the court in response thereto, where a child was legally adopted in Kentucky under such proceedings as entitled it to inherit real property in that state, but which proceedings did not give it such rights in Mississippi, where its foster parents resided, in such case the adopted child had no interest in the land of its foster father in Mississippi, which on his death without natural children descended to his widow.</p> <p>3. Adoption. What law governs. Buies of decision. Comity.</p> <p>Under the laws of comity the courts of Mississippi are not bound to recognize the rights flowing from the statute created by adoption in Kentucky if its laws on the subject of adoption and the rights flowing from it are inconsistent with our own law on that subject.</p> <p>4. Jdusment. Conclusiveness. Bes judicata.</p> <p>Where in a suit for partition, the widow of one of the heirs was complainant and her adopted daughter a defendant, and in that suit the widow voluntarily submitted her rights, as against such, daughter, to adjudication, and the court having jurisdiction of the parties and subject