Madden v. State

The opinion of the court was delivered by

Burch, J.:

In October, 1895, Mark Madden, a resident citizen of this state, undertook-to convey, by warranty deed certain land in Marshall county to James O’Toole, then a non-resident alien. Within a few weeks from that time Mark Madden died, leaving neither wife nor child. His parents, both non-resident aliens, were’ already deceased: His nearest relatives were several non-resident alien brothers and sisters and the resident citizen heirs of his deceased brother, William’ P. Madden, who at the time of' his death was a resi*659dent citizen of this state.…