Sovereign Camp, Woodmen of the World v. Patton

This suit was filed by the defendants in error to recover on a benefit certificate issued by plaintiff in error on the life of William Thomas Patton, the father of defendants in error. Plaintiff in error admitted issuance of the certificate but denied that the insured was dead and the issue .thus made by the pleadings was the main issue in the trial court. Defendants in error relied for proof of death of the insured on the presumption created by Art. 5541, Rev. Civ. Stats., 1925, from the continued absence for seven years of the insured without proof of any fact tending to show that he was…