West v. . Redmond
Supreme Court of North Carolina
Civil actioN, tried by Bond, J., and a jury, at November Term, 1915, of Pitt. This is a proceeding for the partition of land, tried upon an issue as to the legitimacy of the plaintiff, Hattie West.
Read the full summary
Civil actioN, tried by Bond, J., and a jury, at November Term, 1915, of Pitt. This is a proceeding for the partition of land, tried upon an issue as to the legitimacy of the plaintiff, Hattie West. It was admitted by the defendant: “That if plaintiff, Hattie West, is a legitimate child of William Wesley Redmond, alias Redmond Blow, alias Little Red Blow, tben sbe owns an undivided one-balf interest as tenant in common witb defendant (owner of the other half interest) in the land described in complaint.” It was agreed by both sides that said William Wesley Redmond, alias Redmond Blow, alias…
1Opinion of the CourtAlleN, J.
The evidence offered by the defendant to prove the date of the marriage of Olivia Wilkins and William Wesley Redmond, and of the birth of the plaintiff, becomes immaterial, as the marriage was admitted and that the plaintiff was born a few months thereafter, and it is' therefore only necessary to consider the admissibility of the declarations of the mother tending to prove the illegitimacy of the plaintiff.
A child born in wedlock is presumed to be legitimate, and, as stated by Ruffin, C. J., in S. v. Herman, 35 N. C., 503, quoting from Coke on Littleton, this presumption exists “if the issue…
2Cases cited16 opinions
- Wallace v. WallaceSupreme Court of Iowa · 1908
- Egbert v. GreenwaltMichigan Supreme Court · 1880
- Scanlon v. WalsheCourt of Appeals of Maryland · 1895
- Bell v. Territory of OklahomaSupreme Court of Oklahoma · 1899
- Mink v. StateWisconsin Supreme Court · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ray Ex Rel. Gudger v. RaySupreme Court of North Carolina · 1941
- Craven v. SelwaySupreme Court of Iowa · 1933
- State v. BowmanSupreme Court of North Carolina · 1949
- Biggs Ex Rel. Biggs v. Biggs Ex Rel. WeitersSupreme Court of North Carolina · 1960
- Ewell v. . EwellSupreme Court of North Carolina · 1913
4 more not listed; retrieve them via the Exa API.