Allen v. Hall
Supreme Court of South Carolina
Tried before Mr. Justice Gantt, at Chester, Spring Term, 1819. a..,--, i:'This was a summons in partition, for the division of two hundred and J forty acres of land. John Hall, the ancestor of the defendants, died intestate, leaving the defendants, his children, and Margaret Hall, said to be his wife. She conveyed her right to the plaintiff, who brought this suit to recover one third of the land. The plaintiff produced a deed from one Wm.
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Tried before Mr. Justice Gantt, at Chester, Spring Term, 1819. a..,--, i:'This was a summons in partition, for the division of two hundred and J forty acres of land. John Hall, the ancestor of the defendants, died intestate, leaving the defendants, his children, and Margaret Hall, said to be his wife. She conveyed her right to the plaintiff, who brought this suit to recover one third of the land. The plaintiff produced a deed from one Wm. Brown to John Hall, and another from Margaret Hall to himself. The defendants pleaded: 1. Ne ungues seizie. 2. Ne ungues accouple. 3. Statute of…
1Opinion of the Court
The opinion of the Court was delivered by
Colgook, J.
It is unnecessary to take notice of any other than the second ground, as the Court concur with the presiding judge on all the others.
In a question, whether there has been a marriage, proof that the parties lived together, as man and wife, if not rebutted, will be conclusive.2 But this evidence is only presumptive, aud like many other presumptions, may be rebutted by circumstances or positive proof. Where person live together, as man and wife, their declarations are, for the most part, given in evidence, and if these declarations be…
2Cited by3 opinions
- Campbell v. ChristianSupreme Court of South Carolina · 1959
- Doe v. RoeSuperior Court of Delaware · 1924
- Rose v. NilesDistrict Court, S.D. New York · 1849