Botts v. Botts
Court of Appeals of Kentucky
Case 56 — Action to Set Aside Deed APPEAL PROM MONTGOMERY CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. The marriage of negroes in a state of servitude is void. Du-maresly v. Fishly, 3 A. K. Marshall, 368; Free Frank, &c., v. Denham’s Adm’r, 5 Litt., 330; Ewing v. Bibb, 7 Bush, 6S4. 2. Cohabitation and recognition of the married relation after the enaetm.ent of the revised statute did not and could not constitute a valid marriage in Kentucky.
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Case 56 — Action to Set Aside Deed APPEAL PROM MONTGOMERY CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. The marriage of negroes in a state of servitude is void. Du-maresly v. Fishly, 3 A. K. Marshall, 368; Free Frank, &c., v. Denham’s Adm’r, 5 Litt., 330; Ewing v. Bibb, 7 Bush, 6S4. 2. Cohabitation and recognition of the married relation after the enaetm.ent of the revised statute did not and could not constitute a valid marriage in Kentucky. Rev. Stat., chap. 47, art. 1, sec. 2, sub-division 4 and seo. 10 oí same chap, and act; Rstill v. Rogers, 1 Bush, 62; Harris, &c., v.…
1Opinion of the Court
Opinion or the court by
JUDGE BURNAM
Reversing.
Two questions are raised1 upon- the appeal in this case. The first question to be determined is whether the appellant Phoebe Botts or the appellee Sarah Botts is the widow of Philip Botts, deceased, and as such entitled to the rights belonging to a widow; and the second, whether or not the children of Sarah Botts, alleged to be the offspring of her slave marriage with Philips Botts, are entitled to inherit from their alleged father. The evidence discloses this state of facts: Philip Botts, a negro slave, was- married about the year 1852 or 1853 to…
2Cases cited5 opinions
- Estill v. RogersCourt of Appeals of Kentucky · 1866
- Whitesides v. AllenCourt of Appeals of Kentucky · 1874
- Stewart v. MunchandlerCourt of Appeals of Kentucky · 1867
- Brown v. McGeeCourt of Appeals of Kentucky · 1876
- Allen v. AllenCourt of Appeals of Kentucky · 1871
3Cited by5 opinions
- Jackson v. ClaypoolCourt of Appeals of Kentucky · 1918
- Lindsey's v. SmithCourt of Appeals of Kentucky · 1908
- Dunn v. GarnettCourt of Appeals of Kentucky · 1908
- Manning v. StreetCourt of Appeals of Kentucky (pre-1976) · 1939
- Rankin v. DunnCourt of Appeals of Kentucky (pre-1976) · 1932