Ridgeway v. Logan

• Decision Date: 08 January 1952
• Docket Number: No. 34433,34433
• Citation: 205 Okla. 603,239 P.2d 778
• Parties: , 1952 OK 7 RIDGEWAY et al. v. LOGAN et al.
• Court: Oklahoma Supreme Court

Page 778

239 P.2d 778

205 Okla. 603, 1952 OK 7

RIDGEWAY et al. v. LOGAN et al.

No. 34433.

Supreme Court of Oklahoma.

Jan. 8, 1952.

Syllabus by the Court.

1. Where in proceedings in which it was necessary for respondent to establish that she was the common-law wife of the decedent and her testimony that the two lived together as husband and wife was said to be inadmissible under 12 O.S.1941 § 384, forbidding a party to testify as to any transaction had with a deceased person, but there was other evidence in the record admitted which tended to establish the same fact, held: Under the circumstances the trial court's alleged error in admitting the testimony in question was harmless and no cause for reversal of the judgment in respondent's favor.

2. Where the father of an illegitimate child publicly acknowledges said child as his own, receiving it as such, with the consent of his wife, regardless of whether the marriage is by common law or ceremony, and otherwise treats said child as if it were a legitimate child, held: The child is adopted as such, and is, thereupon, deemed, for all purposes, legitimate from the time of its birth, and the status thus created is that of a child adopted by regular procedure of Court, as provided by statute. Title 10, O.S.1941 § 55.

3. Where father of child of common-law wife voluntarily executes an instrument or instruments in presence of a competent witness or witnesses, acknowledging that he is the father of said child in any such language which directly, unequivocally and unquestionably refers to said child as his own and related to him naturally, held: Such acknowledgment is sufficient to satisfy the requirements of Title 84, O.S.1941 § 215.

4. This court may refuse to pass upon questions of error of the trial court in the matter of admission or rejection of evidence, and will not reverse the cause on the erroneous admission or rejection of same, unless after an examination of the entire record, it appears to the court that the error complained of has probably resulted in the miscarriage of justice, or constituted a substantial violation of a constitutional or statutory right or duty.

Murphy & Firestone, Kingfisher, for plaintiffs in error.

Adams & Adams, Guthrie, for defendants in error.

PER CURIAM.

John W. Logan departed this life, intestate, while a resident of Logan County, Oklahoma, April 5, 1948. Mary J. Logan, who claims to be the widow of John W. Logan, deceased, was appointed administratrix, but waived her right to act and requested the court to appoint H. A. Adams as administrator. On December 17, 1948, the administrator filed his final report, petition for determination of heirship and for distribution of the estate of John W. Logan, deceased, naming as heirs at law, Mary J. Logan, widow, and Daisy June Logan, a minor daughter. Before the final hearing on petition, the protestants and plaintiffs in error filed written objections to the final report, petition for determination of heirship and for distribution in the county court, on the grounds that Mary J. Logan was not the common-law widow, and Daisy June Logan, a minor, was not the daughter of John W. Logan, deceased, setting forth that the protestants were the legal heirs of the deceased, being the brothers and sister, niece and nephew of John W. Logan, deceased.

The cause was tried in the county court on March 22, 1949, the issues being found in favor of the common-law widow and the legitimatized minor daughter of said deceased. Distribution was ordered one-half to the widow and one-half to the daughter. An appeal was then taken to the district court of Logan County, where the decision of the county court on the trial de novo was upheld. Motion for new trial was filed by protestants and overruled. Thereafter, an appeal was perfected to this court.

The facts are that both John W. Logan and Mary J. Logan had been previously married. John W. Logan's first wife died, intestate, March 29, 1929, without children, leaving heirs at law. Mary J. Logan had been married to Arthur Vermillion, who departed this life in 1930, and they had three children. Two of these children were witnesses in this case. John W. Logan and Mary J. Vermillion became acquainted in 1932, at the time John W. Logan was living with his mother in Guthrie, Oklahoma, and Mary J. Vermillion was living with her sister and three children on a fifty-acre tract of land near Guthrie, purchased out of the life insurance of her first husband, Arthur Vermillion. John W. Logan was introduced to Mary J. Vermillion by his mother, and became a frequent visitor at the farm home of Mary. He kept company with her in 1932, 1933, 1934, and 1935. Daisy June was born on August 4, 1935, on the farm of her mother. Her birth certificate is dated June 26, 1937, was introduced in evidence and gives the name of John W. Logan as her father and Mary Vermillion, as her mother, the certificate being signed by a midwife. The answer to the question 'Legitimate?' appearing on the certificate is 'No.' In 1935 or 1936, John W. Logan left his mother's residence and moved to the eighty-acre homestead where he continued to reside till he died. He continued to visit his illegitimate daughter from time to time. The evidence shows that in March, 1938, John W. Logan took Mary J. Vermillion and the daughter to the homestead. That because of poor living quarters he then took them back to Mary's farm. In April, 1938, he again took them to his homestead where they remained for six weeks with him. Mary helped him with the crops and then they returned to her farm. In July or August he again went after Mary and the child and returned them to his homestead where they remained permanently. Daisy June was then three years old, and slept with her parents in the same bed. There is striking evidence in the record to show that Mary J. Logan helped with the crops, chopped cotton, picked cotton, helped stack the wheat and shock the corn. Her neighbors knew her by the name of Logan, and called her daughter by the name of Daisy June Logan. The record shows that Daisy June Logan attended school at Star District No. 12, which was her first year of school, later transferred to Big 4 School, which she attended in 1941, 1942, 1943, 1944, 1945 and 1946. In 1947 she went to school at Prairie Grove. There is evidence in the record that sugar ration books which were issued in 1942 reflect the following: Exhibit No. 9 is for his wife, Mary Logan, and the relationship reflected by his signature is 'John Wesley Logan, husband.' On No. 10, the relationship indicated is 'John Wesley Logan, father.' Daisy June's age is given as six years; height, 3 ft. 10 in., weight 48 lbs. These were ration books used by the Logan family to get sugar during World War II, and were found among the papers of the deceased after his death. Copies of joint income tax returns for the years 1944 and 1945 were introduced in evidence, and reflect that they were signed by John W. Logan and Mary J. Logan, as husband and wife, and that Daisy June is listed as a dependent. These returns were genuine and signed before the Deputy Collector of the Internal Revenue Department.

There was other written evidence introduced which we feel was properly admitted in the record and which leads to the conclusion that John W. Logan held himself out as the husband of Mary J. Logan. There is positive evidence in the case that on October 5, 1943, John W. Logan and Mary J. Logan, husband and wife, executed an oil and gas lease on one of his eighty-acre farms, and acknowledged before a notary public that he and Mary J. Logan were husband and wife. On January 31, 1944, he leased the other eighty acres of his land and again caused the instrument to be executed by John W. Logan and Mary J. Logan as husband and wife. This latter instrument was duly acknowledged before a notary public.

Medical evidence was introduced with reference to previous illness and disease suffered by John W. Logan. The apparent purpose of such evidence was to fortify the contention that John W. Logan had a high and uncontrollable temper. We do not comment on the testimony of the doctors, since we do not feel that the question of common-law marriage in this case is either strengthened or weakened by such evidence. The scholastic enumerations of Daisy June Logan, each signed in the presence of the official school enumerator as witness, carries great weight. The various documents produced reflect that John W. Logan unequivocably and unquestionably acknowledged his paternity and fatherhood of his daughter, Daisy June Logan, who was born out of wedlock. The evidence produced also shows that John W. Logan legally adopted Daisy June Logan under the provisions of Title 10, O.S.1941, § 55. There is also ample evidence in the record to show a common-law marriage between John W....