Legal Opinion

Gregley v. Jackson

Supreme Court of Arkansas

Decided May 15, 1882PublishedCited by 20 opinions

APPEAL from Jefferson Circuit Court. Hon. X. J. Pindall, Circuit Judge. STATEMENT. On the twelfth day of January, 1870, Barkley M. Gillespie and brothers, owners in fee of a certain tract of land in Jefferson county, conveyed it by deed to Marshall Jackson, Sanders Smith and Jacob Keith, as tenants in common.

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APPEAL from Jefferson Circuit Court. Hon. X. J. Pindall, Circuit Judge. STATEMENT. On the twelfth day of January, 1870, Barkley M. Gillespie and brothers, owners in fee of a certain tract of land in Jefferson county, conveyed it by deed to Marshall Jackson, Sanders Smith and Jacob Keith, as tenants in common. Afterwards, in December, 1878, said Jacob Keith died intestate, without issue, but leaving a widow, Jane Keith, who died before the institution of this suit, leaving a last will, by which she devised the land to the defendant, William Gregiey. In September, 1880, said Sanders Smith…

1Opinion of the Court

OPINION.

Eakin, J.

The questions presented by the record regard the legitimacy of persons of the African race, born in slavery, and the laws of descent applicable to them. There were no valid marriages amongst that class, in the slave States of America before their general emancipation near the close of the civil war, nor after that did any of the States take cognizance of former marriages amongst slaves, until provisions were made by Statute.

Jacob Keith, of the African race, died in 1878. Who-were his heirs"? His mother was an African slave in South Carolina, living and cohabiting with another…

2Cited by20 opinions

  1. Lucas v. HandcockSupreme Court of Arkansas · 1979
  2. A----. B v. C----. DIndiana Court of Appeals · 1971
  3. Wallace v. WallaceSupreme Court of Arkansas · 1929
  4. In Re Estate of McDadeSupreme Court of Oklahoma · 1923
  5. Daniels v. JohnsonSupreme Court of Arkansas · 1950

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