Cave v. Cave
Supreme Court of South Carolina
Before Ricé, J., Barnwell, Action by Henrietta Cave, Henry Cave, Alonza Cave, George Cave, Savannah .Creech, Solina Brown, plaintiff s-appellants, against Evan Cave, Lexie Cave, Mary Johnson, Sallie Creech, Rebecca Bellinger, Willie Kirkland, Carrie 'Kirkland, Eliza Cave, Harzella McTeer, Albert Cave, Einie Bradley, defendants-appellants. Erom judgment for the defendants, plaintiffs appeal.
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Before Ricé, J., Barnwell, Action by Henrietta Cave, Henry Cave, Alonza Cave, George Cave, Savannah .Creech, Solina Brown, plaintiff s-appellants, against Evan Cave, Lexie Cave, Mary Johnson, Sallie Creech, Rebecca Bellinger, Willie Kirkland, Carrie 'Kirkland, Eliza Cave, Harzella McTeer, Albert Cave, Einie Bradley, defendants-appellants. Erom judgment for the defendants, plaintiffs appeal. The facts are stated in the opinion. cites: As to declarations of parents to show illegitimacy of children: 48 Am. St. Rep. 448. Rumors cannot overcome presumption of legitimacy: 2 McC. 227. Burden to show…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gage.
The action is for partition of four or five hundred acres of land lying at and near Kline’s Station, Barnwell county. One Evan Cave, a negro and once a slave, died in 1901 seized of the land.
He had aforetime cohabited at different periods with two women, one Cassie before and after the war of the sixties, and one Eliza after that, war and after the death of Cassie. Both were his wives, no issue is made about that.
By Cassie, Evan had five children and by Eliza he had six children.
In 1902 the children by the first marriage and the wife…
2Cases cited2 opinions
- Scanlon v. WalsheCourt of Appeals of Maryland · 1895
- Hardin v. ClarkSupreme Court of South Carolina · 1890
3Cited by6 opinions
- Fitchette v. Sumter Hardwood Co.Supreme Court of South Carolina · 1928
- Kirby v. KirbySupreme Court of South Carolina · 1978
- Russell v. RussellSupreme Court of South Carolina · 1922
- Perry v. SuggsCourt of Appeals of North Carolina · 1970
- South Carolina Department of Social Services ex rel. Roseboro v. BurrisSupreme Court of South Carolina · 1989
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