Mulkey v. Allen

The district court sustained general demurrer to a petition filed by defendants in error (as plaintiffs in that court), alleging, in substance:

First. That J. F. Mulkey and A. T. Mulkey were husband and wife at and long prior to the birth of Lydia Allen and until their respective deaths, the said J. F. Mulkey having died intestate in January, 1925, and the said A. T. Mulkey in June, 1927; that the said J. F. and A. T. Mulkey “were ever childless.”

That plaintiff Lydia Allen was the natural child of Thomas Smith and - Smith, when, in or about the year 1872, she being about seven years of age,…