The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-05-18
A FINE LAW POINT.

The state supreme court a day or two
ago handed down a decision that is of
special interest and Importance since
it involves the right of illegimate chill
dren to inherit property. The case was
that of John Caldwell VS.. D. B. Miller
and l.. B. Miller, carried up from the dis
trlct court Of Reno county, the material
interest involved a claim to a large and
valuable tract of land in that county.
The interesting and important points in
the case, as taken from the decision are
these: Robert Titus married in Vermont
in 1909; his wife bore him a son after
which he left his family and went to
New York state where he married again
and raised family of five children; the
youngest child, daughter, married D.
B. Miller and her father, Titus, rec
Ognized her as his child by making his
home with her family for several years
and until his death. During his
life time and while living with
Miller'S family he pre-empted the
land in question but died before
completing the pre-emption as required
by act of congress of March 3, 1913.
Titus died inteSUate and utterly without
any money or property whatever. Upon
his death d. B. Miller was by the probate
court of Reno county appointed admins
traitor of the deceased and with his own
money caused the preemptiOn to be COM
pleted, paying the double minimum
price for the land to the government,
viz: S400.
This was done in the year 1871. On
the completing of the preemptiOn by Mil
Ter, as administrator, a patent for the
land was issued by the United States I'M
der and in accordance with section 1869,
revised statutes of the United States.
That Robert Titus and part of his heirs at
law. died; that defendant, d. b. Miller,
has purchased from the heirs of Alden
W. Titus, and, under proper cOnveyan-
ces from them, is the owner of all the
rights, title and interest in the land
which Injured so to Alden w. Titus ben
eft as the heir of Robert Titus under said
patent: that plaintiff, Caldwell, who also
married one of Titus children by his sec
ond wife, has conveyances from the
other surviving children of Robert Titus.
that said children of Robert Titus were
VIGOROUSLY recognized by Titus as his
own, and no question was ever raised as
to their legitimacy until in this suit
The pivotal question in this case is the
Interpretation of section 2.269. revised
statutes of the United States, 1878 The
plaintiff contends that the words in the
section, 1.-The heirs of the deceased pre-
emPtor," include legitimate and illegiti-
mate children. if the illegitimate chill
dren We're generally VIGOROUSLY recog-
nized by the father in his life time as his
own. The defendants claimed that the
words "heirs" must he determined by
the common law of England
The supreme court decides in favor of
the Legitimate heirs and holds that they
are entitled TO the property. 1t says in
the opinion, which is written by Chief
Justice Horton, that:
when a party entitled to the benefits
of the pre-emption laws of the United
States makes a pre-emption filing in the
state, but dies before concentrating his
claim. and his administrator files the ne
cessary papers 70 complete the same, and
upon payment for the land obtained from
the United States, a patent granting the
land unto the "heirs of the deceased pre-
emptor, the word heirs in the patent Is
to be construed with reference To the
laws of this state, and whoever, under
the laws of this state, would have inher-
tied from the deceased pre-emptor. are
the persons TO whose benefit the land
granted by the patent inures."
The supreme court holds that the word
"heirS' IN the patent included the illegiti-
mate children as well as the legitimate
child.
VIII some one kindly inform the
EAGLE in what portion of the book Of
Iob n can find InpaIlS' FuparaI Grafton