State v. . Adams
Supreme Court of North Carolina
Indictment for fornication and adultery tried before Cloud, J., at Spring Term, 1871, of Surry Superior Court. The jury found a special verdict that the defendants were formerly slaves and were married in 1864, according to the custom which then prevailed among slaves, and from that time commenced cohabiting together, passing, and recognizing each other as man and wife, which continued up to the finding of this indictment.
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Indictment for fornication and adultery tried before Cloud, J., at Spring Term, 1871, of Surry Superior Court. The jury found a special verdict that the defendants were formerly slaves and were married in 1864, according to the custom which then prevailed among slaves, and from that time commenced cohabiting together, passing, and recognizing each other as man and wife, which continued up to the finding of this indictment. They further find that defendants have never complied with the provisions of the acts of assembly of March 10th, 1866, and March 4th, 1867. His Honor, upon the foregoing…
1Opinion of the CourtBoyden, J.
The act of 1866, ch. 40, see. 5, enacts: “That in all cases where men and women, both, or one of whom were lately slaves, and are now emancipated, now cohabit together in the relation of husband and wife, the parties shall be deemed to have been lawfully married, as man and wife, at the time of the commencement of such cohabitation, although they may not have been married' in due form of law.”
This act, to all intents and purposes, rendered the parties thus cohabiting, man and wife, and devolved upon each of the parties the duties and responsibilities of the marriage state. It is true, that…
2Cited by12 opinions
- Long v. . BarnesSupreme Court of North Carolina · 1882
- State v. . MeltonSupreme Court of North Carolina · 1897
- Daniel v. SamsSupreme Court of Florida · 1880
- Kelley v. KelleyOregon Supreme Court · 1957
- Bettis v. Avery.Supreme Court of North Carolina · 1905
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