Maynor v. Tyler Land & Timber Co.

Appeal from Pemiscot Circuit Court. — Eon. Henry G. Riley, Judge. (1) (a) Plaintiffs had counted upon a fee simple estate, and they allege in their petition that they have such estate, Having so alleged they must prove this title or fail. Stewart v. Land Co., 200 Mo. 281; Phillips v. Trust Co., 214 Mo. 669. (b) There was no proof as to whether Richard Maynor died testate or intestate. But the presumption will, of course, prevail that he died intestate in the absence of proof. The law presumes that Richard had a father and a mother, or kindred in the ascending line. Samford v. Toolving, 15 La.…