Metropolitan Life Insurance Co. v. Fry

Hart, C. J.,

(after stating the facts). The common-law rule was that, after the lapse of seven years without intelligence concerning a person, the presumption of life ceased, and the -burden of proof devolved upon the other party to show that he was alive. Greenleaf on Evidence (15th ed.), § 41; and case note to L. R. A. 1915B, p. 729. In this connection it may be stated that the presumption relates to the fact of death -and not to the time of death. Davie v. Briggs, 97 U. S. 628.

Our statute on the subject is contained in § 4111 of Crawford & Moses ’ Digest, which is as follows:

“Any person…