Wiley v. Harlow
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. Edgar B. Wool-folk, Judge. Marriage between colored persons, who were slaves, were void, and their offspring illegitimate (Johnson v. Johnson, 45 Mo,. 601), unless the parents, as slaves, were living together in good faith, as man and wife, at the time of the birth of such children.
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Appeal from Pike Circuit Court. — Hon. Edgar B. Wool-folk, Judge. Marriage between colored persons, who were slaves, were void, and their offspring illegitimate (Johnson v. Johnson, 45 Mo,. 601), unless the parents, as slaves, were living together in good faith, as man and wife, at the time of the birth of such children. Sec. 344, R. S. 1909 ; Lee v. Lee, 161 Mo-. 57. But, no man even though he was a slave, could live with two women at the same time, and be “in good faith” living with each as man and wife. Sec. 4720, R. S. 1909; Eeen v. Eeen, 184 Mo. 373. (1) No instructions were asked and…
1Opinion of the CourtFaris, J.
This is an action tried in the circuit court of Pike County, whereby it is sought to determine title to a certain tract of land situate in said county. The petition contains also a count in ejectment. Upon a trial below, judgment went for plaintiffs for an undivided one-ninth interest each in the premises in controversy. Prom this judgment, after the usual motion, defendant has appealed.
The agreed common source of title is William Smith, a negro, sometimes called William Yager, who was before .the Civil War a slave. Plaintiffs, Eliza Wiley and Albro Smith, claim to be the children and only…
2Cases cited5 opinions
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Hatton v. City of St. LouisSupreme Court of Missouri · 1915
- Johnson v. JohnsonSupreme Court of Missouri · 1870
- Lee v. LeeSupreme Court of Missouri · 1901
- Livingston v. WilliamsCourt of Appeals of Texas · 1890
3Cited by6 opinions
- Huttig v. BrennanSupreme Court of Missouri · 1931
- Dumm v. Cole CountySupreme Court of Missouri · 1926
- Vette v. HackmanSupreme Court of Missouri · 1922
- Marty v. Kansas City Light & Power Co.Supreme Court of Missouri · 1924
- Curry v. CrullSupreme Court of Missouri · 1938
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