Hopkins v. . Bowers
Supreme Court of North Carolina
Civil actioN, tried at August Term, 1892, of Orange Superior Court, Connor, J, presiding. The action was brought to recover a tract of land. Both parties claimed under Nash Booth, the plaintiffs as the heirs at law of their mother, a sister of Booth, and the defendants as his children and heirs at law.
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Civil actioN, tried at August Term, 1892, of Orange Superior Court, Connor, J, presiding. The action was brought to recover a tract of land. Both parties claimed under Nash Booth, the plaintiffs as the heirs at law of their mother, a sister of Booth, and the defendants as his children and heirs at law. The case turned upon the validity of the marriage of Nash Booth with Anne Booth, the mother of the defendants, who was alleged to have been of mixed blood within the prohibited degree, Booth being a white man. Much testimony was offered by both parties on this point. The defendant introduced a…
1Opinion of the Court
Clark, J.:
The issues as submitted were sufficient, and there is no ground to support the exception for refusing to submit those tendered by the appellants. Humphrey v. Church, 109 N. C., 132, and cases there cited.
The plaintiff rested his case upon the invalidityJaS initio of the alleged marriage between Nash Booth and Anne Bowers (or Booth), one of the defendants, under the“provisions of The Code, §§ 1084,1284 and 1810; Const., Art. 14, § 8. We see, therefore, no force in the first exception, which was to the witness testifying that Anne Booth was a colored person and reputed to be such.…
2Cases cited14 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Clary's Administrators v. ClarySupreme Court of North Carolina · 1841
- In Re DeatonSupreme Court of North Carolina · 1890
- Bond v. . WoolSupreme Court of North Carolina · 1890
- Nelson v. . WhitfieldSupreme Court of North Carolina · 1880
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3Cited by23 opinions
- State v. GraySupreme Court of North Carolina · 1977
- Lieber v. LieberSupreme Court of Missouri · 1911
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Bishop v. Brittain Investment Co.Supreme Court of Missouri · 1910
- Weidenhoft v. PrimmWyoming Supreme Court · 1908
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