HAMILTON v. RATHBONE

No. 6.

175 U.S. 414 (1899)

HAMILTON v. RATHBONE.

Supreme Court of United States.

Decided December 18, 1899.


Attorney(s) appearing for the Case

Mr. A.S. Worthington for plaintiff in error. Mr. A.A. Lipscomb was on his brief.

Mr. M.J. Colbert for defendant in error. Mr. H.G. Milans was on his brief.


MR. JUSTICE BROWN delivered the opinion of the court.

Plaintiff brings ejectment as one of the heirs at law, namely, the eldest of three children, of her mother Lucy V. Elkin, who died May 3, 1876. Defendant relies upon a purchase made by her from the executor of Mrs. Elkin's will. To establish her title, then, plaintiff is bound to show that the property did not pass under the will of her mother, but descended to her heirs at law. The question whether it did so pass...

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