Tannis v. Doe ex dem. St. Cyre
Supreme Court of Alabama
Eiieor to the Circuit Court of Mobile. Tried before the Hon. L. GtbboNS. EjeotmeNT by Lucy St. Cyre against the plaintiff in error, to recover a certain lot, situated in the city of Mobile, which the plaintiff claimed as the sister and heir at law of one Cyrus Evans, a free man of color.
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Eiieor to the Circuit Court of Mobile. Tried before the Hon. L. GtbboNS. EjeotmeNT by Lucy St. Cyre against the plaintiff in error, to recover a certain lot, situated in the city of Mobile, which the plaintiff claimed as the sister and heir at law of one Cyrus Evans, a free man of color. The plaintiff introduced evidence showing that the only child of said Cyrus was a slave, and that his brothers and sisters, with the exception of herself, were either dead or slaves; that the plaintiff was a slave at her birth, but was emancipated under the Spanish law about the year 1818, at which time she…
1Opinion of the CourtGoldthwaite, J.
— The first question presented by the counsel for the plaintiff in error, is, as to the right of the defendant in error, as a free person of color, to inherit lands in this State. .At the common law, the right to inherit was dependent upon the duties which devolved on the natural-born subject, in return for the protection supposed to be afforded him by the sovereign, and sprung directly from the obligation of fidelitas, or fealty, which, under the feudal system, was required from the vassal. 1 Black. Com. 366; 2 Kent’s Com. 57. The reasons which operated in the establishment of the rule have,…
2Cases cited1 opinion
- Dawson's Lessee v. GodfreySupreme Court of the United States · 1808
3Cited by6 opinions
- Robinson's Admr's v. AllisonSupreme Court of Alabama · 1860
- Pool's Heirs v. Pool'sSupreme Court of Alabama · 1859
- Ewell v. TidwellSupreme Court of Arkansas · 1859
- Scheible v. BachoSupreme Court of Alabama · 1868
- Donovan v. PitcherSupreme Court of Alabama · 1875
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