Mooney v. Mooney
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Samuel . Davis, Judge. (1) The issue in this case is as to whether or not the plaintiff is a child of Nicholas Mooney, deceased, capable of participating in Nicholas Mooney’s estate under the law of descent and distribution; and not having been mentioned or provided for in the will of said Nicholas Mooney, the burden of. proof is upon plaintiff to show that he is such child of Nicholas Mooney. 5 Cyc. 628; Pickens’s Estate, 163 P'a.
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Appeal from Saline Circuit Court. — Hon. Samuel . Davis, Judge. (1) The issue in this case is as to whether or not the plaintiff is a child of Nicholas Mooney, deceased, capable of participating in Nicholas Mooney’s estate under the law of descent and distribution; and not having been mentioned or provided for in the will of said Nicholas Mooney, the burden of. proof is upon plaintiff to show that he is such child of Nicholas Mooney. 5 Cyc. 628; Pickens’s Estate, 163 P'a. St. 14. This he has attempted to do by an effort to establish recognition on the part of Nicholas Mooney of plaintiff as…
1Opinion of the CourtWoodson, J.
This is a suit in ejectment and to determine the interests of the parties and to quiet title, etc., brought by the plaintiff against the defendants to recover the possession of a one-fourth interest in forty acres of land situate in Saline county, particularly described in the petition.
The common source of title was Nicholas Mooney, deceased, and the plaintiff contends that he is a pretermitted heir of said Mooney, claiming to be his son; and the defendants are the children of and devisees under the will of said Mooney arid contend that the plaintiff was not a son of said Mooney. The…
2Cases cited9 opinions
- Watson v. RichardsonSupreme Court of Iowa · 1899
- Illinois Land & Loan Co. v. BonnerIllinois Supreme Court · 1874
- Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Higgins v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1906
- Weatherford v. WeatherfordSupreme Court of Alabama · 1852
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wills v. Berberich's Delivery Co.Supreme Court of Missouri · 1939
- Northwest States Utilities Co. v. AshtonWyoming Supreme Court · 1937
- Lowtrip v. GreenSupreme Court of Missouri · 1952
- T. v. T.Missouri Court of Appeals · 1969
- Tisthammer v. Union Pacific Railroad Co.Wyoming Supreme Court · 1930
7 more not listed; retrieve them via the Exa API.