Ewing v. Bibb
Court of Appeals of Kentucky
Case 70 — PETITION EQUITY APPEAL PROM WARREN CIRCUIT COURT. CITED 4 Law Register for 1865, p. 186. 4 Kent, 10th edition, 293, note. 4 Kent, 10th edition, 294, note.
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Case 70 — PETITION EQUITY APPEAL PROM WARREN CIRCUIT COURT. CITED 4 Law Register for 1865, p. 186. 4 Kent, 10th edition, 293, note. 4 Kent, 10th edition, 294, note. Civil Code, section 543 1 Bush, 62-3. 2 Bush, 278-9. 3 Bush, 541-3. 3 Dana, 233. 4 Dana, 198. 4 Bush, 180, 310-11. 4 Bush, 1-2. 5 Bush, 464-5. 14 B. Monroe, 643. 5 Bush, 236-9. Myers’s Supiilement, 751. CITED History of Roman Law, by Professor Ferdinand Walter, sections 655-9. Manuscript Opinion, present term, Julia A. Burton v. Sarah A. Burton. Matthew xix, 8-6, 5 Hemp. 14 Tennessee Reports. 3 Marshall, 470, 370. 1 Wendell’s…
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion op the coukt.
The rights of the parties to this suit must to a very great extent depend upon the legal relationship existing between John Ewing and Esther in June, 1851, when it is claimed that the former intermarried with the appellant Jane. Being slaves in 1824, John and Esther could not have contracted under the laws of Kentucky a legitimate marriage, nor could their cohabitation and recognition of each other in a state of slavery as husband and wife constitute their union even a marriage de facto. (Stewart v. Munchandler, 2 Bush, 278.) But, considering…
2Cases cited2 opinions
- Overton's Heirs v. WoolfolkCourt of Appeals of Kentucky · 1838
- Stewart v. MunchandlerCourt of Appeals of Kentucky · 1867
3Cited by2 opinions
- Rankin v. DunnCourt of Appeals of Kentucky (pre-1976) · 1932
- Allen v. AllenCourt of Appeals of Kentucky · 1871