Sergent v. North Cumberland. Mfg. Co.
Court of Appeals of Kentucky
Case 106. Action fob Partition of Band and Allotment of Dower. — APPEAL FROM HARLAN CIRCUIT COURT. JUDSMENT FOB DEFENDANT AND PLAINTIFF APPEALS.
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Case 106. Action fob Partition of Band and Allotment of Dower. — APPEAL FROM HARLAN CIRCUIT COURT. JUDSMENT FOB DEFENDANT AND PLAINTIFF APPEALS. As I understand this ease the only question to - be determined is, whether children born in lawful wedlock can he bastardized by allegations in a pleading only, without any proof, and whether, when such an issue is tendered, the burden of proving legitimacy is upon the one claiming to be an heir or upon the party who alleges illegitimacy? The appellee does not deny that the plaintiff Mary Sergent was the lawful wife of Ephraim Sergent, deceased, and…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR-
Reversing.
Appellants, Milton and Millard Sergent, are twin children of appellant Mary Sergent. They were born in June or July, 1877. Ephraim Sergent, Sr., owned a tract of 400 *890acres of land in Harlan county at his death in December, 1876. Eight of his children (but not including appellants) in 1881 conveyed their interests in this land, which has, by subsequent conveyances, come down to appellee. Appellant Mary Sergent -was the widow of Ephraim Sergent, Sr. Her two children, appellants Millard and Milton Sergent, joined her in bringing this suit in 1S9S for…
2Cases cited3 opinions
- Patterson v. GainesSupreme Court of the United States · 1848
- Goss v. FromanCourt of Appeals of Kentucky · 1889
- McQuinn v. McQuinnCourt of Appeals of Kentucky · 1901
3Cited by11 opinions
- In re LentzAppellate Division of the Supreme Court of the State of New York · 1935
- Wilson v. WilsonCourt of Appeals of Kentucky · 1917
- Franks v. StateAlabama Court of Appeals · 1935
- Craven v. SelwaySupreme Court of Iowa · 1933
- Boyers v. BoyersCourt of Appeals of Kentucky (pre-1976) · 1940
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