143 Ga. 671 | Ga. | 1915
(After stating the foregoing facts.)
Where, as in the present case, the plaintiff, a colored person born in this State prior to Mareh 9, 1866, claimed to inherit from his father as the legitimate child of the latter, and the fact of his being an heir was put in issue by the pleadings, the burden was on him to show that he was the legitimate son of his father. The provision of the act of that date in regard to the recognition of a colored child by its father was omitted from the act of December 12, 1866; and in the case at bar the father did not die between those dates after a recognition of the plaintiff as his child. Hence the decision in White v. Ross, 40 Ga. 339, does not apply.
Under the facts of the ease and the statute above quoted, there was no other error requiring a reversal.
Judgment reversed.