State ex rel. Nall v. Williams

Citations

• 99 Miss. 293
• 54 So. 951

Syllabus

<p>1. Escheat. Required proof. Presumptions. Survivorship of heirs.</p> <p>In an action of escheat the state must recover if. at all upon the strength of its own title and not the weakness of that of the defendant.</p> <p>2. Presumptions.</p> <p>The presumption of law that a person dying intestate has left heirs capable of inheriting his estate is.one of the strongest presumptions known to law, because the presumption itself runs with the usual current of nature.</p> <p>3. Same.</p> <p>This presumption can only be overcome by positive proof of the want of persons capable of taking the estate under the laws of descent and distribution.</p>