Nolting ex rel. Nolting v. Holt

The opinion of the court was delivered by

Burch, J.:

The action was one of ejectment and for partition. The plaintiffs prevailed, and the defendants appeal.

In March, 1919, James Holt, a negro, the owner of the land in controversy, 'died intestate. He left a son, Thomas Holt, and the children of a deceased daughter, as legitimate heirs. They are the defendants. The plaintiffs are mulattoes. They are sons of Hattie Nolting, a white woman, and they claimed James Holt was their father.

When the plaintiffs were conceived and born, Hattie Nolting was the wife of Charles Nolting, a white man, and was…