Malaney v. Cameron

Citations

• 98 Kan. 620
• 159 P. 19
• 1916 Kan. LEXIS 145

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Adoption — Consent of Probate Judge — Contract and Conduct of Parties — Property Bights. Inasmuch as the statutory proceeding for adopting a child includes the consent of the probate judge, no legal adoption can result from the mere contract and conduct of the parties, although under certain circumstances property rights growing out of promises made in that connection may be enforced.</p> <p>2. Same — Contract—Question Suggested. The question suggested but not determined, whether a contract between the father of a four-year-old girl and a married couple, reciting that he relinquishes to them his rights to her “for to have and claim as their own,” is to be interpreted as including a promise of adoption on their part.</p> <p>3. Deeds — Possession—Delivery Presumed. The presumption of delivery arising from the possession of a deed by a grantee arises even in the absence of evidence that such possession was obtained' prior to the death of the grantor.</p> <p>4. Evidence — Deed—Possession—Delivery—Presumption. The evidence held not to overcome the presumption of delivery arising from possession of a deed.</p>