Duff v. Duff
Missouri Court of Appeals
Appeal from Harrison Circuit Court.—Hon. G. W. W ana maker, Judge. (1) Absence does not create an absolute presumption of death, without proof that the absentee went from this state and. did not return thereto for seven successive years. R. S. 1899, sec. 3144; Dickens v. Miller, 12 Mo. App. 411; Biegler v. Supreme Lodge, 57 Mo.
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Appeal from Harrison Circuit Court.—Hon. G. W. W ana maker, Judge. (1) Absence does not create an absolute presumption of death, without proof that the absentee went from this state and. did not return thereto for seven successive years. R. S. 1899, sec. 3144; Dickens v. Miller, 12 Mo. App. 411; Biegler v. Supreme Lodge, 57 Mo. App. 419. (2) Unless the case falls strictly within sec. 3144, R. S. 1899, the presumption, of death from seven years absence is not absolute and the jury may take into consideration the facts and circumstances attending the departure, from which to determine whether…
1Opinion of the CourtJohnson, J.
Plaintiff commenced this suit in the circuit court of Harrison county in January, 1909, to recover as the heir of his brother, Leander F. Huff, the share of their father’s estate that would be due his said brother if he were alive.
The petition alleges that Leander died in May, 1906, leaving plaintiff and their mother as his sole heirs, and that the mother assigned her interest in his estate to plaintiff before this suit was brought. Defendant, who is the widow of the father of plaintiff and the administratrix of his estate, denies that plaintiff’s brother, Leander, is dead, and the principal…
2Cases cited8 opinions
- State v. LoweSupreme Court of Missouri · 1887
- Winter v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1902
- Bradley v. Modern Woodmen of AmericaMissouri Court of Appeals · 1910
- State v. KoskySupreme Court of Missouri · 1905
- Johnson v. JohnsonSupreme Court of Missouri · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cobble v. Royal Neighbors of AmericaSupreme Court of Missouri · 1921
- Browne v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1932
- Heath v. Salisbury Home Telephone Co.Supreme Court of Missouri · 1930
- Young v. YoungAppellate Court of Illinois · 1918
- Walsh v. Metropolitan Life InsuranceMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.