Koonce v. . Wallace
Supreme Court of North Carolina
This was a motion to grant letters of administration on the estate of James G. Wallace, deceased, made before the ¡Superior Court of Onslow, at 'its last Spring Session, Shepherd, J., presiding. The facts of the case are as follows: In February, 1858, James G. Wallace, being then under twenty-one years'of age, but over sixteen, was married to Caroline Tilghman, then under fourteen years.
Read the full summary
This was a motion to grant letters of administration on the estate of James G. Wallace, deceased, made before the ¡Superior Court of Onslow, at 'its last Spring Session, Shepherd, J., presiding. The facts of the case are as follows: In February, 1858, James G. Wallace, being then under twenty-one years'of age, but over sixteen, was married to Caroline Tilghman, then under fourteen years. She became fourteen in June, 1858, and lived with Wallace as his wife, until September the 28rd, 185S, when he died, being still under twenty-one.- The parties lived together as man and wife, and strictly…
1Opinion of the CourtPearson, C. J.
It is enacted, Rev. Code, ch. 69, sec. 14, “Females under the age of fourteen and males under the age of sixteen years, shall he incapable of contracting marriage.”
A marriage is duly solemnized in all respects save that the female is a few months under the age of fourteen; the parties lived together as man and wife, until she arrives at that age, •and afterwards continue so to live together, until the death of the other party.
The question is upon the construction of this statute, was the marriage void, i. e. a mere nullity, or was it voidable, i. e. imperfect, but capable of being confirmed…
2Cited by15 opinions
- Hunt v. HuntSupreme Court of Oklahoma · 1909
- Pridgen v. . PridgenSupreme Court of North Carolina · 1932
- Wiley v. WileyIndiana Court of Appeals · 1919
- Sims Ex Rel. Sprinkle v. SimsSupreme Court of North Carolina · 1897
- Watters v. . WattersSupreme Court of North Carolina · 1915
10 more not listed; retrieve them via the Exa API.