Brown v. Mundy's Admx.

Opinion by

Judge Hargis:

James Mundy, a man of color, died without children, leaving a widow, one sister, and children of a brother and a half-brother. *271The half-brother, Richard Brown, Sr., died before the act of Feb. 14, 1866 (Acts 1866, p. 37, Ch. 556), relative to the marriage and legitimacy of negroes, leaving the appellants, a son and daughter, the issue of a customary marriage between persons of his race during slavery. The testimony satisfies us that Richard Brown, Sr., was, as well as his children, the issue of such a marriage and the half-brother of the intestate.

G. C. Lockhart, for…