Drake v. Milton Hospital Ass'n
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Eon. John M. Williams, Judge. (1) The court erred in finding for respondents because there was no evidence that Archie Drake was the natural father of Ida Garnett, who claims to inherit from him by reason of the law of descent and distribution, but the evidence was to the contrary.
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Appeal from Cole Circuit Court. — Eon. John M. Williams, Judge. (1) The court erred in finding for respondents because there was no evidence that Archie Drake was the natural father of Ida Garnett, who claims to inherit from him by reason of the law of descent and distribution, but the evidence was to the contrary. Sec. 341, R. S. 1909'; Mooney v. Mooney, 244 Mo. 390 ; Rocking-ham v. Mount Holly, 26 Yt. 653; '5 Cyc. 632, 633, 634. (2) The court erred in finding for respondents because no testimony was offered but what was entirely consistent with the theory that respondent, Ida Gar-nett, was…
1Opinion of the Court
ROY, C.
This is an ejectment suit for land in Jefferson City. Defendant had judgment, and plaintiffs have appealed.
Archie Drake died intestate in 1907 seized of the land. The plaintiffs are his collateral kin, residents of Virginia, where Archie was born a slave. Defendant Ida Lee Garnett claims the land as the only child of Archie Drake. The other defendants are in possession as her tenants. Archie Drake was brought by his owner to Jefferson City before the Civil War and lived there the remainder of his life. He had a slave wife *6several years before the war. Her name was.Betsy, and they lived…
2Cases cited4 opinions
- Adger v. AckermanCourt of Appeals for the Eighth Circuit · 1902
- Sams v. Sams' AdministratorCourt of Appeals of Kentucky · 1887
- Kealoha v. CastleSupreme Court of the United States · 1908
- Hawbecker v. HawbeckerCourt of Appeals of Maryland · 1876
3Cited by16 opinions
- In Re Wray's EstateMontana Supreme Court · 1933
- Simpson v. BlackburnMissouri Court of Appeals · 1967
- Ash v. Modern Sand & Gravel Co.Missouri Court of Appeals · 1938
- State Ex Inf. North Todd Gentry v. CurtisSupreme Court of Missouri · 1928
- State Ex Rel. Canfield v. PorterfieldMissouri Court of Appeals · 1927
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