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HENDERSON v. FEARY

Civ. 881.

340 So.2d 808 (1976)

James F. HENDERSON v. Thomas Weldon FEARY.

Court of Civil Appeals of Alabama.

Rehearing Denied November 17, 1976.

Attorney(s) appearing for the Case

Najjar, Najjar, Vincent & Smith, Birmingham, for appellant.

Philip P. Nelson, Birmingham, for appellee.

HOLMES, Judge.

This is an appeal by the natural father from an order of the Jefferson County Probate Court denying a motion to set aside the adoption of his child.

Title 27, § 3, Code of Alabama 1940, in pertinent part provides:

"No adoption of a minor child shall be permitted without the consent of his parents, but the consent of a parent who has abandoned the child, . . . may be dispensed with, ....

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