Johnson v. Richardson

1927 OK 93, 256 P. 902, 125 Okla. 174, 1927 Okla. LEXIS 29

• Court: Supreme Court of Oklahoma
• Decided: April 5, 1927
• Docket: 16650
• Status: Published

Opinion

PHELPS, J.

By stipulation this cause wáé consolidated with cause No. 16648, Julia Johnson et al. v. American Trust Co. et al. (this day decided), 125 Okla. 172, 256 Pac. 925, and in this case it is conceded that plaintiff's right to recover is dependent entirely upon Julia Johnson’s being declared the lawful wife of Mose Pettigrew at the time of his death and Foster Pettigrew and Hinabe Pettigrew being the legitimate offspring of Julia Johnson and Mose Pettigrew, and, in view of the fact that this court has by opinion in said case No. 10648. this day filed, affirmed the judgment of the district court of Pontotoc county holding that Mose Pettigrew and Julia Johnson were not husband and wife at the date of the death o£ Mose Pettigrew and that Foster Pettigrew and Hinabe Pettigrew were not the legitimate children of Mose Pettigrew and .Julia Johnson, but were the illegitimate children of Julia, it necessarily follows that the judgment of the.district court of Pontotoc coum, ty, in this cause must be, and, is hereby, in. all things affirmed.

BRANSON, C. J., MASON, Y. O. J., an.d LESTER, CLARK, RILEY, and HEFNER, JJ., concur.

Note. — See 4 C. J. p. 879, §2853; 2 R C. L. Supp. p. 194; 1 R. C. L. Supp. p. 433; 4 R. C. L. Supp. 90; 5. R. C. L. Supp: 79; 6 R. C. L. Supp. 73.