Sovereign Camp, W. O. W. v. Patton

H1CXCS, Special Chief Justice.

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 pleading was the main issue in the trial court. Defendants in error relied for proof of death of the insured on the presumption created by article 5541, Revised Civil Statutes 1925, from the continued absence for seven years of the insured without proof of…