Grates v. Garcia

Citations

• 20 N.M. 158
• 148 P. 493

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The presumption of law is that a child born in lawful wedlock is legitimate, and the mother of such a child is not a competent witness to prove that such child was not begotten by the man who became her husband before its birth.</p> <p>P. 162</p> <p>2. Where, in- a suit in ejectment, plaintiff’s title is based upon an alleged claim that he is the illegitimate son of a deceased owner of such real estate, and that such owner recognized him as such, in writing, prior to his death, and the evidence is conflicting as to whether such former owner could have begotten' the claimant, a general verdict against such claimant will not be disturbed upon appeal.</p> <p>P. 168</p>