Cartwright v. Cartwright
Texas Supreme Court
Error from Montgomery. Tried below before the Hon. Peter W. Gray. Suit by defendant in error against plaintiff in error, for divorce, commenced August 24th, 1853. Plaintiff and defendant were married in what is now Montgomery county in this State, in 1834. The defendant owned, before marriage, a slave, Jane, and her child, Mary. Each of the parties also owned a few cattle, hogs, &c.
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Error from Montgomery. Tried below before the Hon. Peter W. Gray. Suit by defendant in error against plaintiff in error, for divorce, commenced August 24th, 1853. Plaintiff and defendant were married in what is now Montgomery county in this State, in 1834. The defendant owned, before marriage, a slave, Jane, and her child, Mary. Each of the parties also owned a few cattle, hogs, &c. Since then, there had been born of the said Jane, and were still living and in possession of defendant, Tamer, aged 18 years ; Harriet, aged 16 years ; Sarah, aged 14 years ; Clarissa, aged 11 years ; of the girl…
1Opinion of the Court
Hemphill, Ch. J.
I shall examine, first, the main question in this case, and that is, whether, under the Laws of Spain, in force at the time of the marriage, the children born since the marriage, of female slaves, who were the separate property of the husband, became a portion of the community, or were the separate property of the husband.
It is a principle of the Roman and Spanish Law, and has been engrafted' on the Law of Slavery as it exists in the United *628States, that the children of a female slave follow the condition of their mother j they consequently become slaves, and belong to the…
2Cited by10 opinions
- Arnold v. LeonardTexas Supreme Court · 1925
- Stephens v. StephensCourt of Appeals of Texas · 1927
- In Re Adjudication of the Water Rights, Etc.Texas Supreme Court · 1982
- Wilkinson v. WilkinsonSupreme Court of Georgia · 1924
- State v. DavisonSupreme Court of Georgia · 1944
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