Smith v. Smith

*295The opinion of the court was delivered by

Johnston, C. J.:

This case was brought for the partition of real property, and the principal questions presented for determination are, first, whether Roy Smith, the illegitimate son of Robert Smith, was so recognized by his father as to be entitled to inherit from him; and second, whether, under the statute, an illegitimate child may inherit from the collateral kindred of his father.

There is little of any controversy as to the paternity of the plaintiff. At the trial counsel for defendant, in answer to a question asked by the court, stated that the…