Sweeney

Respondent, the natural father of two minor children, brought action to have two prior decrees of the Superior Court of Plumboldt County vacated and set aside. These decrees were entered January 21, 1955. One was a decree declaring the two children free of respondent’s custody and control. The other was a decree of adoption wherein the minors were adopted by appellants. In this action the trial court set aside both decrees. Appellants appeal from this decision.

On November 4,1953, appellants filed in the Superior Court of Humboldt County their petition for the adoption of the two minors alleging inter alia that the natural mother of the minors had by court decree been awarded full care, custody and control of the children; that the children had been in the care of petitioners for a number of years; and that the natural father had not supported the children for over one year last past, he having the ability to do so. The State Department of Social Welfare was notified of the filing of the petition for adoption and thereafter filed its report, attached to which was the consent of the natural mother. The department recommended that the best interests of the children would be served…