Wilson v. Babb

Citations

• 18 S.C. 59
• 1882 S.C. LEXIS 108

Syllabus

<p>1. A child born in lawful wedlock is presumed to be legitimate until the contrary be shown, even where born so soon after marriage that it could not have been lawfully begotten; but in such case, the evidence of illegitimacy is not required to be so strong as in other cases. This rule should be applied by the courts with a cautious regai-d to the peace of society and the happiness and reputation of families.</p> <p>'2. Any competent testimony bearing upon this question is admissible, and, if it satisfies the mind, is sufficient.</p> <p>3. Impotency of the husband, impossibility of access, or cohabitation of the wife with another man, are not the only facts competent to establish the illegitimacy of a child born in wedlock.</p> <p>4. A finding by the Circuit judge of the fact of the illegitimacy of a child born four and one-half months after marriage, sustained.</p>