Daniel v. Sams

'delivered the opinion of the court.

The Judge of the Circuit Court instructed the jury that a marriage to be valid in this State must he solemnized by a Minister of the Gospel, or a Judge of a Circuit Court, or a Justice of the Peace, or a Notary Public, except in the case of persons of color, coming within the act of December 14, 1866, entitled “an act legalizing the marriage of persons of color” who were living together as husband and wife at the time of the passage of that act. “ The children of parents who were not legally husband and wife cannot inherit.” This instruction is here alleged…