Opinion

McArthur v. Hall

  • 169 S.W.2d 724
Court
Court of Appeals of Texas
Filed
Feb 26, 1943
Status
Published
Author
McDonald
On the bench
Brown, McDonald
Cited by
8 cases

The opinion

McDONALD, Chief Justice

(concurring).

The evidence relied upon to establish plaintiff’s claim of being a child of Tom Burnett, and her claim of being legitimate by reason of the Oklahoma statute, is entirely circumstantial in character. To establish such claim, the burden was upon plaintiff to prove: First, that she was a child of Tom Burnett; second, that Tom Burnett and plaintiff's mother entered into a common law marriage; third, that the marriage took place prior to or at the time of conception; fourth, that plaintiff’s mother entered into the marriage in good faith.

To begin with, it is necessary to resort to inference to establish the marriage. Then it is necessary to pile inference upon inference to establish that the marriage took place before conception. Arid it is necessary again to pile inference upon inference to establish Jennie’s good faith. Elementary rules of circumstantial evidence forbid that this be done.

Our conclusion is reached, not upon the evidence tending to disprove the marriage, but upon the lack of any evidence of probative value tending to prove the essential facts.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.