Osborne v. Ramsay

Citations

• 191 F. 114
• 111 C.C.A. 594
• 1911 U.S. App. LEXIS 4915

Syllabus

<p>1. Evidence (§ 290*) — Declaration as to Pedigree — Limitation of Rule of Admissibility.</p> <p>The exception to the general rule excluding hearsay testimony in favor of declarations respecting pedigree and lineage, in the absence of record evidence, is limited to declarations made ante litem motam, and not in anticipation of litigation depending on family relationship, and by members of the family, or at broadest by persons who, from intimacy with the family, were likely to have knowledge of the matters to which they relate.</p> <p>[Ed. Note. — For other cases', see Evidence, Cent. Dig. §§ 1149-1152; Dec. Dig. § 290.*]</p> <p>2. Marriage (§ 40*) — Presumption—Cohabitation and Reputation.</p> <p>A presumption of marriage can only arise on the proven facts of both cohabitation and reputation.</p> <p>[Ed. Note. — For other cases, see Marriage, Cent. Dig. §§ 58-79; Dec. Dig. § 40.*]</p> <p>3. Descent and Distribution (§ 71*) — Presumption of Legitimacy.</p> <p>To raise a presumption that a child was born in lawful wedlock, there must be a substantial basis upon which to predicate it. There must be a marriage of a man with a woman either .actual, reputed, or traditional, with the offspring proceeding from such marriage.</p> <p>[Ed. Note. — For other cases, see Descent and Distribution, Dec. Dig. § 71.*]</p> <p>4. Descent and Distribution (§ 71*) — Heirship—Evidence—SufficiencyIdentity of Person.</p> <p>Evidence considered, and held insufficient to establish the identity of a decedent with the person of the same name through whom complainants claimed to inherit, or, if the identity be conceded, to show that decedent was a legitimate child of complainant’s ancestor.</p> <p>[Ed. Note. — For other cases, see Descent and Distribution, Dec. Dig. § 71.*]</p>