Long v. . Barnes
Supreme Court of North Carolina
Ejectmekt tried at Spring Term, 1882, of Caldwell Superior Court, before Avery, J. The defendants admitted in their answer that they were in possession of the land described in the complaint, and alleged that they claimed through John Barnes and were the owners of an undivided half of the land, and tenants in common with the plaintiff.
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Ejectmekt tried at Spring Term, 1882, of Caldwell Superior Court, before Avery, J. The defendants admitted in their answer that they were in possession of the land described in the complaint, and alleged that they claimed through John Barnes and were the owners of an undivided half of the land, and tenants in common with the plaintiff. The plaintiff offered in evidence a deed from John Barnes to Thomas Barnes and Ailsy Barnes, dated January 14, 1869; also a deed from Thomas Barnes to the plaintiff, dated November 25, 1873. Thomas Barnes and Ailsy Barnes were slaves up to their emancipation in…
1Opinion of the CourtAshe, J.
The first exception taken by the defendants’ counsel was to the refusal of His Honor to charge the jury, “ that the legislature had no power to make parties man and wife without their free consent, and unless they gave their consent to the same in the manner pointed out by the statute, the statute is a nullity.”
The ruling of His Honor upon this instruction as asked was not erroneous. The .first branch of the instruction is answered by the fact that Thomas Barnes and Ailsy Barnes continued to live together for several years after the passage of the act of 1866, as man and wife, recognizing…
2Cases cited2 opinions
- State v. . AdamsSupreme Court of North Carolina · 1871
- State v. . WhitfordSupreme Court of North Carolina · 1882
3Cited by35 opinions
- Davis v. . BassSupreme Court of North Carolina · 1924
- Harrison v. . RaySupreme Court of North Carolina · 1891
- Bruce v. . NicholsonSupreme Court of North Carolina · 1891
- West v. RailroadSupreme Court of North Carolina · 1906
- Bynum v. Wicker.Supreme Court of North Carolina · 1906
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