Hill v. Fairfax
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James IJJasterson. The appellee obtained a verdict in the court below under the following instruction, viz.: * * * “If plaintiff and defendant,. both being negro slaves,' lived together during slavery after the manner of man and wife among slaves, but were not, after emancipation, married or agreed to marry, followed by actual marriage, then such previous cohabitation was not, under the law, legal marriage.
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Appeal from Harris. Tried below before the Hon. James IJJasterson. The appellee obtained a verdict in the court below under the following instruction, viz.: * * * “If plaintiff and defendant,. both being negro slaves,' lived together during slavery after the manner of man and wife among slaves, but were not, after emancipation, married or agreed to marry, followed by actual marriage, then such previous cohabitation was not, under the law, legal marriage. If the relation which existed between plaintiff and defendant was meretricious, then no right of property could' begin or arise out of that…
1Opinion of the CourtWalker, J.
The facts in this case appear to be about these. Both the plaintiff and defendant in the court below were negro slaves until the date of general emancipation, and belonged to Chas. Shearn.
Sometime in the year 1865 they commenced living together as man and wife, holding themselves out as such, and being so known and recognized among their friends. They continued to live in this state until the month of December, 1869. In the latter part of the month of December the appellee abandoned the appellant and married another woman.
The property in controversy appears to have been acquired during the…
2Cases cited1 opinion
- Honey v. ClarkTexas Supreme Court · 1873
3Cited by2 opinions
- Frame v. FrameTexas Supreme Court · 1931
- McKay v. McKayCourt of Appeals of Texas · 1916