13-1-23 - Presumption of death.
§ 13-1-23. Presumption of death.
Any person who shall remain beyond the sea, or absent himself from this state, or conceal himself in this state, for seven years successively without being heard of, shall be presumed to be dead in any case where his death shall come in question, unless proof be made that he was alive within that time. Any property or estate recovered in any such case shall be restored to the person evicted or deprived thereof, if, in a subsequent action, it shall be proved that the person so presumed to be dead is living.
Sources: Codes, 1857, ch. 61, art. 252; 1871, § 882; 1880, § 1648; 1892, § 1737; 1906, § 1914; Hemingway's 1917, § 1574; 1930, § 1537; 1942, § 1698.