Ray Ex Rel. Gudger v. Ray

Under the old English or common law rule a child born of a married woman was presumed legitimate unless the husband was shown to be impotent or not within the four seas — that is, he was conclusively presumed to be legitimate so long as there remained a possibility that the husband was the father. The presumption could not be rebutted if the husband was capable of procreation and was within the four seas during the period of gestation. S. v. Pettaway, 10 N. C., 623; Woodward v. Blue, 107 N. C., 407; S. v. Liles, 134 N. C., 735; Ewell v. Ewell, 163 N. C., 233, 79 S. E., 509; West v. Redmond,…