Legal Opinion

Nevins v. Gilliland

Supreme Court of Missouri

Decided November 19, 1921PublishedCited by 13 opinions

Appeal from Greene Circuit Court. — Rom. Guy D. Kirby, Judge. (1) The court erred in declaring .the plaintiff herein an heir of John Gilliland, deceased. (2) The court erred in finding the issue for plaintiff, as such finding illegitimatized a child born in lawful wedlock. (3) The court erred in admitting evidence as to statements of the purported father and the mother of the plaintiff, as to the plaintiff being an illegitimate child of John Gilli-land and Mary Reed.

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Appeal from Greene Circuit Court. — Rom. Guy D. Kirby, Judge. (1) The court erred in declaring .the plaintiff herein an heir of John Gilliland, deceased. (2) The court erred in finding the issue for plaintiff, as such finding illegitimatized a child born in lawful wedlock. (3) The court erred in admitting evidence as to statements of the purported father and the mother of the plaintiff, as to the plaintiff being an illegitimate child of John Gilli-land and Mary Reed. (4) Proof that a father always treated plaintiff and her sister as his daughters, that he called the plaintiff’s children his…

1Opinion of the Court

We gather, from what was said at the oral argument of this cause, in connection with the abstracts and briefs on file here, that the case was originally commenced in the Circuit Court of Ozark County, and transferred by change of venue to Greene County, Missouri. The case was tried in the last named court, on an amended petition filed March 13, 1920.

Said petition, among other things, alleges that on February 2d 1919, John H. Gilliland, father of plaintiff, died intestate, in Ozark County, Missouri, the absolute owner of the northeast quarter of Section 34, and the northwest quarter of Section…

2Cases cited3 opinions

  1. In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
  2. Breidenstein v. BertramSupreme Court of Missouri · 1906
  3. Drake v. Milton Hospital Ass'nSupreme Court of Missouri · 1915

3Cited by13 opinions

  1. Simpson v. BlackburnMissouri Court of Appeals · 1967
  2. Jeck v. O'MearaSupreme Court of Missouri · 1938
  3. L_____ v. R____Missouri Court of Appeals · 1974
  4. Davis v. F. M. Stamper Co.Supreme Court of Missouri · 1941
  5. Seewald v. GentryMissouri Court of Appeals · 1926

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