Woodard v. . Blue
Supreme Court of North Carolina
Civil- ACTION, for the recovery of land, tried before Arm-Jitld, J., at Spring Term, 1889, of the Superior Court of Burke County.
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Civil- ACTION, for the recovery of land, tried before Arm-Jitld, J., at Spring Term, 1889, of the Superior Court of Burke County. The plaintiff Emily, wife of the plaintiff Durant Woodard, claiming to be the daughter and sole heir-at-law of Underzine Pelott, and the other plaintiff, Mourning Crisp, claiming to be his surviving widow, sue the defendants, who are in possession of the several tracts of land mentioned and described in the complaint, to establish, their title to and to recover the same, with damages for the withholding. The defendants admit that the intestate owned said lands at…
1Opinion of the CourtSmith, C. J.
(after stating the case). At the time when the alleged marriage was contracted, Underzine was a negro' slave, and Mourning the daughter of a white woman, and if not herself white, necessarily of mixed blood, and, whether one or the other, equally disabled, by positive law, to enter into a contract of marriage with a slave.
By an act passed in 1741, it is declared that if any white man or woman, being free, shall intermarry wiih an Indian, negro, mustee or mulatto man or woman, or any person of mixed blood, to the third generation, bond or free, such person shall forfeit and pay, to the use of…
2Cases cited2 opinions
- State v. . RossSupreme Court of North Carolina · 1877
- State v. . Hairston and WilliamsSupreme Court of North Carolina · 1869
3Cited by8 opinions
- Porter v. StateSupreme Court of Georgia · 1946
- Woodward v. . BlueSupreme Court of North Carolina · 1890
- Bennett v. CainSupreme Court of North Carolina · 1958
- West v. . RedmondSupreme Court of North Carolina · 1916
- Jones v. . HoggardSupreme Court of North Carolina · 1891
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