Hutchinson Investment Co. v. Caldwell
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP KANSAS. This was an action brought by John Caldwell against D. B. Miller (for whom the Hutchinson Investment Company was substituted) and L. B. Miller in the District- Court for Reno County, Kansas, to have his title established and recover possession of the northeast quarter of section twelve, township twenty-three south, range six west, in that county.
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ERROR TO THE SUPREME COURT OP THE STATE OP KANSAS. This was an action brought by John Caldwell against D. B. Miller (for whom the Hutchinson Investment Company was substituted) and L. B. Miller in the District- Court for Reno County, Kansas, to have his title established and recover possession of the northeast quarter of section twelve, township twenty-three south, range six west, in that county. The case was submitted to the District Court for trial, a jury being waived, and the court made special findings of fact and gave judgment in favor of the defendants, whereupon the cause was taken on…
1Opinion of the CourtChief Justice Fuller
By the statutes of Kansas, which was the State of the domicil of Eobert Titus at the time of his death, and of the location of the real estate in controversy, illegitimate children could inherit from their father when they had been recognized by him, provided such recognition was general and notorious, or in writing. Gen. Stat. Kansas, 786, c. 33, §§ 22, 23. Under the circumstances disclosed on this record, therefore, the grantees in a deed to the heirs of Eobert Titus and to their heirs would have embraced the children of Miriam Lee and their heirs, and this would be so as respects this…
2Cases cited4 opinions
- United States v. FoxSupreme Court of the United States · 1877
- Bernier v. BernierSupreme Court of the United States · 1893
- McCool v. SmithSupreme Court of the United States · 1862
- Davenport v. LambSupreme Court of the United States · 1872
3Cited by27 opinions
- De Sylva v. BallentineSupreme Court of the United States · 1956
- McCune v. EssigSupreme Court of the United States · 1905
- Seaboard Air Line Railway v. KenneySupreme Court of the United States · 1916
- Alston v. AlstonSupreme Court of Iowa · 1901
- Van Horn v. Van HornSupreme Court of Iowa · 1899
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