Williams v. Witherspoon
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Bill by Lucy Witherspoon and others, against Phoebe Williams, and others, to sell lands for division. Decree for complainants and respondents appeal. The word “children” as used in the statute means solely legitimate children.— Wilkinson v. Alums, 1 Y. & B. 462; Bell v. Phyn, 7 Yes. 458; -Dickinson- v. N. E. By Go. 2 H. & C. 735; 49 Cent.
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Appeal from Montgomery City Court. Heard before Hon. William H. Thomas. Bill by Lucy Witherspoon and others, against Phoebe Williams, and others, to sell lands for division. Decree for complainants and respondents appeal. The word “children” as used in the statute means solely legitimate children.— Wilkinson v. Alums, 1 Y. & B. 462; Bell v. Phyn, 7 Yes. 458; -Dickinson- v. N. E. By Go. 2 H. & C. 735; 49 Cent. Dig. sec. 1085. Section 3760 was enacted in 1824, and the received construction of the statute was that it referred to children of free persons at the time of the birth of said children.…
1Opinion of the CourtSayre, J.
Appellees filed their bill on the. equity side of the court below for a sale of land for division, claiming as children and heirs of Nancy Johnson deceased. They were the children of Nancy, to speak ac*561cording to nature, though horn slaves and of unknown paternity. After their birth, and while she was yet a slave, Nancy entered into a customary slave marriage with Johnson, under whom the defendants claimed, and thereafter continued to live with him as his wife until her death in 1896. No children were born of this marriage. In 1878 she acquired the property in suit. The question, then, is…
2Cases cited5 opinions
- Smith v. StateSupreme Court of Alabama · 1846
- Washington v. WashingtonSupreme Court of Alabama · 1881
- Malinda v. GardnerSupreme Court of Alabama · 1854
- Adams v. SneedSupreme Court of Florida · 1899
- Johnson v. ShepherdSupreme Court of Alabama · 1904
3Cited by11 opinions
- Everage v. GibsonSupreme Court of Alabama · 1979
- Blackmon v. BrazilSupreme Court of Alabama · 2004
- Stone v. Gulf American Fire and Cas. Co.Supreme Court of Alabama · 1989
- Carter v. GainesSupreme Court of Alabama · 1920
- Mostilla v. AshSupreme Court of Alabama · 1937
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