Foster v. Lee
Supreme Court of Alabama
Ejectment. Appeal from Montgomery City Court. Heard before Hón. William H. Thomas. Ejectment by Miclde Lee, et al., against Mary Poster and others. Judgment for. the plaintiffs and the defendants appeal. That a legitimate child of a bastard cannot inherit from the bastard’s mother, is expressly decided in unequivocal terms in the following cases. See Croan v. Phelps, 23 L. R. A. 753; Curtis v. Hemns, 11 Mass. 294; Steckels Appeal, 64 Pa.
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Ejectment. Appeal from Montgomery City Court. Heard before Hón. William H. Thomas. Ejectment by Miclde Lee, et al., against Mary Poster and others. Judgment for. the plaintiffs and the defendants appeal. That a legitimate child of a bastard cannot inherit from the bastard’s mother, is expressly decided in unequivocal terms in the following cases. See Croan v. Phelps, 23 L. R. A. 753; Curtis v. Hemns, 11 Mass. 294; Steckels Appeal, 64 Pa. State 493; Brown v. Kirby, 9 Humphrey (Tenn.) 460; Pratt v. Atwood, 108 Mass. 40; Berry v. Owens, (Ky.) 5 Bush. 452; Edwards v. Qalding, 38 Miss. 118; Coolie…
1Opinion of the CourtSomebville, J.
The land sued for was the property of Nellie Marks, a former slave, who died intestate, and the plaintiffs are the legitimate children and grandchildren of Hiram Sanders, who was the illegitimate son and only child of said Nellie Marks. Plaintiffs’ said father, Hiram Sanders, diéd prior to the death of their said grandmother, Nellie Marks, and the only question presented on the trial was whether the lineal descendants of Hiram Sanders, a bastard, can inherit from his mother as he himself could have done if he had survived her.
On the theory that they could so inherit, judgment was rendered for…
2Cases cited10 opinions
- McGuire v. BrownSupreme Court of Iowa · 1875
- Pratt v. AtwoodMassachusetts Supreme Judicial Court · 1871
- Edwards v. GauldingMississippi Supreme Court · 1859
- In re the Estate of MageeCalifornia Supreme Court · 1883
- Sutton v. SuttonCourt of Appeals of Kentucky · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Everage v. GibsonSupreme Court of Alabama · 1979
- In Re Gossett's EstateNew Mexico Supreme Court · 1942
- Moore v. TerrySupreme Court of Alabama · 1929
- Hudson v. ReedSupreme Court of Alabama · 1953
- Morris v. Fidelity Mortgage Bond Co.Supreme Court of Alabama · 1914
9 more not listed; retrieve them via the Exa API.