112 Iowa 720 | Iowa | 1901
3 “Know all men, that I, Gottlieb Westerbeck, widower of Anna I. Westerbeck, born Saarman, deceased, of Fontanel 1, Washington county, Nebraska, the surviving parent of Lydia Westerbeck, now about twelve years old, and Arthur W. Westerbeck, now about six years old, the said minors being lawfully under my care and control, do hereby fully and voluntarily consent to the adoption of the said Lydia and Arthur W. as their own children, the same as if unto them in lawful wedlock born, by Wm. Saarman and Frederika Saarman, his wife, of Des Moines county, state of Iowa. Said parties hereby agree that the names of said minors hereafter shall be Lydia Saarman and Arthur W. Saarman. And the said William Saarman, Frederika Saarman, husband and wife, parents by adoption as aforesaid, do hereby freely and voluntarily and with all and singular the rights granted and imposed by chapter seven (7), title fifteen (15), of the Code, adopt the said minors as their own children, the same as if unto them in lawful wedlock born, to be hereafter known under the above names. As witness our hands this. 14th day of February, A. D. 1884.
“[Signed] Wilhelm Saarman
“Frederika Saarman. his “Gottlieb X Westerbeck. mark.
“In the presence of A. D. Lewis.”
“State of Nebraska, Washington County. Before me, a justice of the peace in and for said county and state, this 29th day of February, A. D. 1884, appeared Gottlieb Westerbeek, personally known to me to be the identical person whose name is subscribed to the foregoing articles of adoption as party thereto, and he acknowledged the same to be his voluntary act and deed. As witness my hand the day and*725 year last above written. [Signed] IT. J. Carpenter, Justice of tbe Peace.”
Thus far there is no serious dispute between the parties, but the appellants contend that the rule is not the same when applied to defectively acknowleged articles of adoption as when applied to defectively acknowledged deeds; that deeds