34 A.D. 159 | N.Y. App. Div. | 1898
This action is in ejectment to recover premises of which .the plaintiff’s father died seized. We are inclined to think that the
This action was begun -on the 27th of July, 1897. There is nothing in the case to show when the plaintiff’s father died. By chapter 531 of the Laws of 1895,. the plaintiff, if born out of wedlock, was legitimatized by the subsequent marriage of his parents. Of course this statute could not divest any title that had accrued prior to its enactment. As the record is silent on this, subject, we must assume that the death of the plaintiff’s father was subsequent to the statute. Further, apart from the statute, the testimony of the witness for the defendant and the decree of the Surrogate’s Court raised a question of fact, on which question the decision of the trial court is controlling.
The judgment appealed from should he affirmed, with costs.
All concurred.
Judgment affirmed, with costs.