Smith v. Perry

Citations

• 80 Va. 563
• 1885 Va. LEXIS 94

Syllabus

<p>1. MARRIAGE OF CoLoRED PERSONS-LegIIiIncICy af c/zilclren.-Under act approved 27 February, 1866, to legalize marriage of colored persons living together as husband and wife at the time of its passage, children of such persons are deemed legitimate whether born before or after the passage of said act, and whether any sort of marriage ceremony h0A tnIr,~n n1~ir~ hc4-mp,~n t1-,~ nQrntltc nr nflt</p> <p>2. IDEM-Basiardy.--In such cases, the question of bastardy must be considered as in any case where bastardy is alleged as to a child born during coverture, or born before and recognized afterwards.</p> <p>3. LEGxTxMAcv-Presum~tzon.--This Jaw presumes legitimacy where husband recognizes the child as his, and impossibility of procreation is not established, though the cohabitation had ceased before the passage of this act.</p> <p>4. BASTARDS IN VIRGINIA.-They are persons born out of wedlock, lawful or unlawful, or not within competent time after termination of coverture, or if born out of wedlock, whose parents do not afterwards intermarry and the father acknowledges them, or who are born in wedlock when Drocreation by the husband is imoossible.</p>