Erwin v. Nolan
Supreme Court of Missouri
Appeal from Jackson Circuit Court.— Hon. KimbroughStone, .Judge. (1) During slavery there could be no such thing as a marriage between the plaintiff’s mother and Liouis Nolan.
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Appeal from Jackson Circuit Court.— Hon. KimbroughStone, .Judge. (1) During slavery there could be no such thing as a marriage between the plaintiff’s mother and Liouis Nolan. Reeves on Domestic Relation, 341; Howard v. Howard, 6 Jones (51 N. C.) 235 and 236; Malinda v. Gardner, 24 Ala. 719-724; Stewart v. Muchandler, 65 Ky. 278; Brown v. Becket, 6 D. C. 252; Johnson v. Jolmson, 45 Mo. 535; Keen v. Keen, 184 Mo. 373. (2) Since the relation of husband and wife cannot exist between slaves, the fact that they have continued to live together after emancipation cannot raise a presumption of…
1Opinion of the CourtWalker, C. J.
This appeal arises out of an action brought in the Circuit Court of Jackson County under Section 2535, Revised Statutes 1909, to try and determine the title to certain land in said county described in the petition. Louis Nolan, who is the common source of title, died seized of this land in December, 1915, intestate. Respondent claims title as his daughter, and the appellants as his nephews and nieces.
The petition is at law and in, the usual form. The answer admits that the appellants are in possession of the land, and while admitting the paternity of the respondent, alleges that she is…
2Cases cited5 opinions
- Koehler v. RowlandSupreme Court of Missouri · 1918
- McElvain v. MuddSupreme Court of Alabama · 1870
- Weaver v. LapsleySupreme Court of Alabama · 1868
- Lee v. LeeSupreme Court of Missouri · 1901
- Henderlite v. ThurmanSupreme Court of Virginia · 1872
3Cited by8 opinions
- Moore v. BrownSupreme Court of Missouri · 1942
- In Re Estate of McDadeSupreme Court of Oklahoma · 1923
- Universal Construction Co. v. City of St. LouisSupreme Court of Missouri · 1920
- Barker v. HayesSupreme Court of Missouri · 1941
- State v. PinsonSupreme Court of Missouri · 1922
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