Fout v. Hanlin

Maxwell, PeesideNT:

This suit is prosecuted under Code 1931, 42-1-9, to establish who are the heirs of Gabriel S. Kitzmiller, deceased, who died in May, 1932. It is averred by the petitioners, Richard L. Fout and Joseph W. Fout, that they are the sons of said decedent by a common law marriage between him and their mother, Hattie Fout. The defendants are collateral kindred of said decedent. The trial chancellor sustained their demurrer to the petition as amended, and certified his ruling to this Court for review.

Petitioners allege that in the year 1886, Hattie Fout, their mother, then about…