Williams v. Ketchum
| Decision Date | 11 February 1929 |
| Docket Number | 155 |
| Citation | 13 S.W.2d 605,178 Ark. 1141 |
| Parties | WILLIAMS v. KETCHUM |
| Court | Arkansas Supreme Court |
Appeal from Phillips Chancery Court; A. L. Hutchins, Chancellor affirmed.
Decree affirmed.
J G. Burke, for appellant.
John C. Sheffield, for appellee.
Suit was brought by Joe Williams to recover possession of an eighty-acre tract of land in Phillips County, upon the allegation that the land was owned by Henry Williams at the time of his death, and that the plaintiff, Joe Williams, was the only child and sole heir-at-law of Henry Williams. Krow & Neumann acquired such title as Joe Williams owned, and were substituted as plaintiffs.
The testimony on the part of plaintiff was to the effect that Henry Williams came to Arkansas in 1884, and brought with him a small boy, Joe Williams, the original plaintiff in this suit. Henry Williams always referred to the boy as his son and he was generally regarded as such. Henry married a woman named Lena, in Mississippi, who was the mother of two daughters, but no children were born to this marriage. Henry and Lena came to Arkansas, and brought the three children with them, all of whom were called Williams, but it was generally known that the daughters were stepchildren, while it was commonly supposed that the boy was the son of Henry.
Henry lived on the land, which had become his homestead, and died in 1911, and his widow continued to reside on the land as her homestead until her death in 1921. The daughters of Lena Williams took possession of the land, under the claim that they had inherited it from their mother, who had inherited it from Henry by reason of the fact that he was not survived by any direct or collateral kin.
The defendants denied, in their answer, that Joe Williams had any interest in the land, for the reason that he was not the son of Henry Williams. The chancellor found the fact to be that Joe was not the son of Henry, and dismissed the complaint as being without equity, and this appeal is from that decree.
Appellants invoke the presumption, said to be one of the strongest known to the law, that a child born in wedlock is legitimate, and cite us to cases of our own in which it was held that marriage may be proved in civil cases by reputation, by the declarations and conduct of the parties and by other circumstances usually accompanying that relation, and that the declarations of the parties are evidence tending to establish that relation. We recognize the authority of these cases, but we concur in the finding of fact of the court below that the testimony does not establish the fact that Joe Williams was born in wedlock or that Henry Williams was his father.
Witness John Crawford testified that he first knew Henry Williams in 1878, and that Henry later married Lena, who was then the mother of two daughters, and in 1884 Henry brought his mother to live with him, and she brought with her a small boy about nine years old, named Joe Moore. Henry gave this boy to witness, in the spring of the year, and witness kept the boy until Christmas, when he returned the child to Henry. Witness was told by Henry...
To continue reading
Request your trial