206 Pa. 227 | Pa. | 1903
To a bill for partition of lands formerly of one Bradley between plaintiff’s ward, a granddaughter of Bradley, and defendant, a daughter, the answer denied the legitimacy of the plaintiff. This was equivalent to a plea of non tenent insimul, and there being no other facts in dispute the judge, apparently by agreement, proceeded to determine the case on this single issue.
The second question is more difficult. There was considerable evidence of a previous marriage. But opposed to it was the evidence of the reception of the parents of the appellee by her mother’s family as married, the acknowledgment of the husband and the treatment of the appellee from her birth as a legitimate child, the entire absence of any appearance or question of the alleged first husband during the whole life of the alleged wife, the possibility of confusion as to the two Bradley families, and finally the presumption in favor of innocence as to the alleged bigamy. The judge weighing all the evidence found the marriage of appellee’s parents to be valid, and we have not been convinced that he was in error.
Judgment affirmed.