Daugherty v. Deardorf

The appellee was the widow of Andrew J. Daugherty, who died the owner of the land in controversy,, and under our statute she would have inherited all of the real' estate of her deceased husband if he had left surviving him-no child and no father or mother. R. S. 1881, section 2490. But in order to entitle her to recover in an action prosecuted by her for the possession of land, upon the theory that "she was entitled to it as the widow of her husband, it was incumbent upon her to prove that her husband left no father or mother and no children surviving him. This conclusion results from the old…