Nelson v. Hunter.
Supreme Court of North Carolina
Action by Chas. S. Nelson against Priscilla Hunter, Ad-ministratrix of Jackie Nelson and others, heard by Judge Chas. M. Cooke and a jury, at the October Term, 1905, of the Superior Court of Wake. Action to recover from defendant, administratrix, the estate of Jackie Nelson, consisting of proceeds of sale of real estate. The following issue was submitted: Is the plaintiff the legitimate child of Jackie and Solomon Nelson? Answer: Yes.
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Action by Chas. S. Nelson against Priscilla Hunter, Ad-ministratrix of Jackie Nelson and others, heard by Judge Chas. M. Cooke and a jury, at the October Term, 1905, of the Superior Court of Wake. Action to recover from defendant, administratrix, the estate of Jackie Nelson, consisting of proceeds of sale of real estate. The following issue was submitted: Is the plaintiff the legitimate child of Jackie and Solomon Nelson? Answer: Yes. The court gave judgment for plaintiff and the defendants appealed.
1Opinion of the CourtBrown, J.
The plaintiff claims the property as the only legitimate child of Jackie Nelson. The defendants claim to share with plaintiff as the illegitimate children of Jackie, alleging that plaintiff is also illegitimate.
Solomon Nelson and Jackie Cook were slaves. There is evidence by plaintiff tending to show that Solomon and Jackie lived together as man and wife during the war; that a marriage ceremony was then performed between them and that this relationship continued to exist at the date of the ratification of the Act of March 10,- 1866, and was existing in 1861. There is no evidence that Jackie…
2Cases cited2 opinions
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- Branch v. . WalkerSupreme Court of North Carolina · 1889
3Cited by5 opinions
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- Bennett v. CainSupreme Court of North Carolina · 1958
- Spaugh v. . HartmanSupreme Court of North Carolina · 1909
- Hunter v. . NelsonSupreme Court of North Carolina · 1909