Doe on the Demise of Archer v. Haithcock
Supreme Court of North Carolina
Action of ejectment, tried before Caldwell, J., at the last Term of Guilford Superior Court. The only question arising in this case was upon the sufficiency of a deed from one Avy IIoocl to the defendant. It was conceded in the argument, that unless that deed was good, the plaintiffs were entitled to recover. The right to the estate being in the said Avy, she intermarried formally under license, and before witnesses, with one James ITood.
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Action of ejectment, tried before Caldwell, J., at the last Term of Guilford Superior Court. The only question arising in this case was upon the sufficiency of a deed from one Avy IIoocl to the defendant. It was conceded in the argument, that unless that deed was good, the plaintiffs were entitled to recover. The right to the estate being in the said Avy, she intermarried formally under license, and before witnesses, with one James ITood. She and Hood made a deed, as husband and wife, to the defendant, but the same never was authenticated as the act directs by the privy examination of the…
1Opinion of the Court
Pearson, O. J.
~We agree with his Honor in the position, that the ease turned upon the validity of the marriage between Hood and Avy Johnson, and that depended upon the question, whether there had previously been a marriage between Hood and Grace Patterson.
It was in evidence, that Hood and Grace Patterson “ had lived' together several years and had several children, and passed, and were recognised as man and wife,” and the jury, by their verdict, say they were satisfied that the said Hood and Grace Patterson had been married.
There was direct evidence of the solemnization of a marriage between…
2Cases cited1 opinion
- Rossiter v. ChesterMichigan Supreme Court · 1843
3Cited by4 opinions
- Walker v. . WalkerSupreme Court of North Carolina · 1909
- Spaugh v. . HartmanSupreme Court of North Carolina · 1909
- Forbes v. . BurgessSupreme Court of North Carolina · 1912
- State v. . JeffreysSupreme Court of North Carolina · 1926