Hood v. McGehee

Background

The plaintiffs are children of the late General Hood who were adopted in Louisiana in 1880 by George T. McGehee, who later bought the Alabama property at issue. The children claimed the Louisiana adoption and related adoption language entitled them to inherit under the Constitution’s full-faith-and-credit provision and a federal statute. They also relied on services rendered, an $8,600 payment, and a probated Mississippi letter treated like a will. Lower courts dismissed the suit and the dismissal was appealed.

Reasoning

The Court considered whether Alabama must let the Louisiana-adopted children inherit Alabama land. It relied on the Alabama Supreme Court’s construction of the State’s descent statute, which excludes children adopted by proceedings in other States (citing Brown v. Finley and Lingen v. Lingen). The Court held that Alabama’s law about who inherits real estate is valid and controlling. The Louisiana adoption was given effect where it applied, but it did not change Alabama’s rules about devolution of land; the adoption language was standard notarial adoption language and did not create a contract to alter Alabama inheritance.

Real world impact

As a result, people adopted under another State’s procedures may be unable to inherit land in a State that limits inheritance to its own rules. Recognition of the adoption in other States (for example, Mississippi) does not force Alabama to change how Alabama land passes by descent. The decree dismissing the claim was affirmed.