Mr. BriStowb-nd -[nile & Birge; for complainants. " Bogle & Young and JO'l'dan Boone, , for defendant. .
HILL, J. The questions now Jor.decision arise :upon complaiqants' motion for the appointment of a receiver to take cha'l'geof, preserve,alid manage the property and thebrlL:I'lle allegations in the bill are ihat complainants are the only next of kin arid heirs at law of Alonzo H. Taylor, who died, 'intqstllote in Alcorlb90unty in this that' he died or. the reaJanq.; ,-personal estate in the bill,alldthllt thedefeqdant is unlll:wfully in possession of the same, andholdingJt adverse,ly to the claimEl of complainants, and that4efendant i!'l insolvent;:thatthe,c\>nwlainants' interests require the ofa receiver to take posse!,!sion of, hold, and. manage said during this litigatioll . The answer of the defendant denies that COmplainants are the J:l,ext of kin and heirs at law of said decedent, A. H. Taylor, and entitled to the estate and property described in the bill, or that they have any title, claim to, or interest in the !'lame. The answer further states that defendant il'l the legitimate son, and .only next of kin and heir at law, of said A. H. Taylor, and as such is entitled to, and is the owner of, all the estate, real and personal, of wh,ich said decedent died seised and possessed, and admits that he died intestate. Th,e answer further avers that the said A. H. Taylor, in his life-time., all of the re!,1J estate, property, cho13es in action, etc., desqribed in the bill, by two deeds filed as exhibits to the answer, and wpe made parts of it. ,,A. yery large num ber p,f affidavits exhibits have been filed as tes,;I;irponyop,p,oth theque 13 tions have been argued at great length, and with great ability, by the cpunsel oIl both sides, as if the cause were on final hearing. The answer of the defendant throws the burden upon complainants to produce strong prima facie evidence that they have toe title, legal or equitable, to the estate and property described in the bill; otherwise their motion must be denied. The affidavits show thll,tcprnplainl1nts are the d!\,ughters of John C. Taylor, who was a brother of said A. H. Taylor, and who died before A. H. Taylor; that'i'saidA:H. Taylor left c sllrviving hinrno father, mother, brother, or sister, or descendant of such, except complainants; and tqat, in the absence of a child, widow,'ordescendant of such, the complainants are heirs at luwQf Said !. H. Taylor. The defendant, John W. Taylor, in his answer, avers that he is the lawful and legitimateson of decedellt,and as such is entitled to the inheritance of all the estate, real andpersonal,of which he died seised and possessed. If this by'tJ:ie proofs, then complainan,ts have no claim thereto. The burden of showing that defendant is such legitimate son, next of)tiri" ilo,d heir at,Jawof thedecedent, is \lpon defendant,"""':'not in this proceeding to that degree of certainty that will be required upon .flI!a111ea,rir;ig,. but so ,to rebut the prima facie title of complainants) which brings tis to consider the proof which has been presented oll!:?oth
sides, mostly by ex parte affidavits, and which shows the· following facts: Some time about the year 1857 or 1858, decedent resided in the town of Houston, in this state, and was engaged asa broker or money lender. At the same time a young woman by the name of Jane Hoskins was engaged in teaching music in a female academy in the same town. The former was from the state of New York, and the latter from the state of Vermont. Both occnpiedrespectable positions in society, and, as was natural, the parties became intimate as friends, if not as lovers. Some time after their acquaintance commenced, it was public talk that their intimacykad become unlawful, which resulted in her dismissal from ·her position as music teacher; and she thereupon left the town of Ho.uston,and never afterwards returned tothat place. The next information ·shown by the proof of.her whereabouts was that, some time before the year1861,.,-the precise time does not appearfrom the proof,-said A. H.Taylor.and Jane, formerly Hoskins, ware boarding together in the city of Yazoo, in this state, representing themselves as husband and and wife,. and having a daughter, whom they called Lonnie, then some two years old, and whom they represented as their child. .Decedent spentn portion of his time with his reputed wife and child, and a portion of his time attending to his business at that place. but saying nothing there about his connection with Jane, formerly Jane Hoskins. The proof shows him to have been very reticent in relation to his family and business relations. The proof further shows that when in Yazoo. City the parties passed as husband and wife, without any suspicion that they were otherwise, and that they were. so received and considered by the most respectable portion of that community; that some time during the year 1861, decedent, with his reputed wife and child. went to ville, in the state of Alabama, where they represented themselves as huSband and wife, and their child Lonnie as their child, and where they were so re.ceived and treated by the respectable portion of the nity, with no suspicions to the contrary; that during their stay in Jacksonville the defendant, John W. Taylor, was born, and was recognized by; them as their child; that during this time the little girl Lonnie died. Decedent during all this time spent part of. his time with his reputed wife and children, and part of his time in Houston, looking after his business at that place. The proof further shows, that some time during .the year 1865, decedent went with his wife and defendant, then a 'small child, to the state of New York, and procured a residence for the time on Bond street, in the city of New York, where they resided a portion of the time, visiting and remaining for some time in the town of Carmel', his former home, and the home of his family, at that time occupied by his sister; that he represented Jane as his wife, and the defendant as his son, and that they were considered as such by his 'family and that, in the fall of 1866, decedent sent Jane to Europe, to complete her musical education, and especially to train her voice,-her natural talent for vocal music being unusual, and highly appreciated by the decedent; that this was carrying out a purpose which hahad expressed sometime before,tbatjthat defendant was left with the sisters of A. H. Taylor, who