Cotton v. Terry

The question in this appeal is whether Code of 1975, §43-8-48 (2)b., allows paternity to be proved by an illegitimate child after the death of an intestate father. We hold that the statute does allow paternity to be proven after the father's death.

The appellant, John Cotton, Jr., is the legitimate son of John Cotton, Sr. Cotton, Jr., brought this suit to quiet title to 160 acres of land located in Montgomery County and owned by Cotton, Sr., at the time of his death. Cotton, Sr., died intestate in 1973 and his estate was never probated.

Cotton, Jr., filed this suit in November 1984. His first…