Scott v. Hillenberg

Citations

• 85 Va. 245
• 7 S.E. 377
• 1888 Va. LEXIS 33

Syllabus

<p>1. Legitimacy&emdash;Presumption.&emdash;The law presumes legitimacy where husband recognizes the child as his, and impossibility of procreation is not established. Such presumption is not repelled by proof of circumstances, which only create doubts and suspicion; but the evidence of non-access of husband must be clear and positive. Smith v. Perry, 80 Va. 563; 60 Am. Dec. 650.</p> <p>2. Conveyance in Consideration of Support-&emdash;Subrogation&emdash;Case at bar.&emdash;Father conveys half his land to his son, A., and half to his son, E., on condition that each should share equally in expense of supporting him during his life, and retained a lien therefor in each deed. Up to his death, in June, 1884, A. contributed half of the said expense. After that, until father’s death, in April, 1885, E. furnished the entire support.</p> <p>Held:</p> <p>The expense of the support during the period from June, 1884, to April, 1885, should be charged on A.’s parcel of the land in behalf of E.</p>