Ewell v. Ewell
Supreme Court of North Carolina
Appeal by defendant from 0. H. Allen, J.} at March Term, 1913, of Pitt. This is an action for partition. J. J. Ewell died seized of the tract of land in question, and plaintiff alleges that Charles Ewell and his brother, 'Walter Ewell, are his sons and consequently were tenants in common of the land as his sole heirs.
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Appeal by defendant from 0. H. Allen, J.} at March Term, 1913, of Pitt. This is an action for partition. J. J. Ewell died seized of the tract of land in question, and plaintiff alleges that Charles Ewell and his brother, 'Walter Ewell, are his sons and consequently were tenants in common of the land as his sole heirs. Defendant denies this' allegation, and avers that Charles Ewell was not the legitimate child of J. J. Ewell, although the two, Walter and Charles, were of the same mother, "the wife of said Ewell. That J. J. Ewell and his wife had separated before Charles Ewell was begotten, and…
1Opinion of the Court
Wal:kee, J.
Tbe case turns upon tbe legitimacy of Charles Ewell. According to tbe established rule, when a child is born in wedlock it is presumed in law to be legitimate, and by tbe ancient common law this presumption could not be rebutted if tbe husband was capable of procreation and was within tbe four seas during tbe period of gestation; but this doctrine was exploded in tbe case of Pendrell'v. Pendrell, 2 Str., 925, and gave way to tbe modern doctrine that tbe presumption may be rebutted by any competent and relevant evidence tending to satisfy tbe jury that sexual intercourse did not…
2Cases cited14 opinions
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- Jones v. JonesCourt of Appeals of Maryland · 1876
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- State v. RogersSupreme Court of North Carolina · 1963
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