Lena Lucille Bryant Ray v. Newton T. Bryant

Fifth Circuit

Lena Lucille Bryant Ray v. Newton T. Bryant

411 F.2d 1204, 1969 U.S. App. LEXIS 11975

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 12, 1969

Docket27157

StatusPublished

Cited by2 cases

This text of 411 F.2d 1204 (Lena Lucille Bryant Ray v. Newton T. Bryant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lena Lucille Bryant Ray v. Newton T. Bryant, 411 F.2d 1204, 1969 U.S. App. LEXIS 11975 (5th Cir. 1969).

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Opinion

PER CURIAM:

Appellant asserts that she is a child and heir of John Bryant. At the time of his death in 1932, Bryant owned an undivided interest in certain properties, the subject of this litigation. If Appellant is an heir of Bryant’s, she should prevail; if not, her position is without merit. Appellees propounded interrogatories which were answered under oath. On these sworn answers, Appellees moved for and were granted judgment by the District Court. These sworn answers of Appellant reveal that her mother was married to Claude Hays on February 10, 1902, and that this marriage was intact until August 10, 1928. During this time seven children, including Appellant, were born. The Court below properly held that the birth of Appellant under these circumstances establish her as the issue of Claude and Ada Hays, as a consequence of which she could not be Bryant’s heir. The presumption of legitimacy in favor of children born in wedlock is universally recognized. The rule is followed in Mississippi. Moore v. Smith, 1937, 178 Miss. 383, 172 So. 317; Graham v. Lee, 1948, 204 Miss. 416, 37 So.2d 735; Boone v. State, 1951, 204 Miss. 318, 51 So.2d 473.

The judgment is

Affirmed.

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PER CURIAM:

Appellant asserts that she is a child and heir of John Bryant. At the time of his death in 1932, Bryant owned an undivided interest in certain properties, the subject of this litigation. If Appellant is an heir of Bryant’s, she should prevail; if not, her position is without merit. Appellees propounded interrogatories which were answered under oath. On these sworn answers, Appellees moved for and were granted judgment by the District Court. These sworn answers of Appellant reveal that her mother was married to Claude Hays on February 10, 1902, and that this marriage was intact until August 10, 1928. During this time seven children, including Appellant, were born. The Court below properly held that the birth of Appellant under these circumstances establish her as the issue of Claude and Ada Hays, as a consequence of which she could not be Bryant’s heir. The presumption of legitimacy in favor of children born in wedlock is universally recognized. The rule is followed in Mississippi. Moore v. Smith, 1937, 178 Miss. 383, 172 So. 317; Graham v. Lee, 1948, 204 Miss. 416, 37 So.2d 735; Boone v. State, 1951, 204 Miss. 318, 51 So.2d 473.

The judgment is

Affirmed.

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Bluebook (online)

411 F.2d 1204, 1969 U.S. App. LEXIS 11975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lena-lucille-bryant-ray-v-newton-t-bryant-ca5-1969.

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