Cox v. Rash

Appellant claims title to real estate, of which Thomas J. Hicks died seized, upon the ground that she is the illegitimate child of the deceased.

It is incumbent upon one who seeks to establish title to real estate to show such facts as constitute title; the recovery must be upon the strength of the claimant’s own title, not upon the weakness of his adversary’s. It was necessary, therefore, for the appellant to prove title in herself, for no matter how weak that of her adversary, unless her own was good, no recovery could be had.

At common law, an illegitimate child could not inherit. Our…