Mitchell v. Swartz

Opinion op the Court by

Judge MoCandless

Reversing.-

In the year 1898 John Mitchell, killed his wife, Margaret. For this homicide he was tried and sentenced to the penitentiary and died there. They were very poor and their two children, Seth and John William, were left without aid or protection.

A neighbor, Joe Swartz, took them to his home and cared for them. His wife became very much attached to them. She was the owner of two small residences in Mt. Sterling, which by will she devised to her husband for life with the remainder to these children.

She died in 1906, and in December, 1907, Joe…