Freeman v. Hawkins

STAYTON, CHIEF JUSTICE.

This action was brought in right of Mary *500E. Freeman, the wife of D. C. Freeman, to recover a tract of land patented to James Rose.

She claims.through conveyance from Louis and Margaret Rose, who are alleged to have been the father and mother of James Rose, who died without issue.

Defendants claim through a woman other than Margaret Rose, whom they assert to have been the mother of James Rose, and they admit and claim that he was the natural son of Louis Rose.

There was much evidence as to the maternity of the grantee, and appellants claim that it required a finding that he…