Branch v. . Walker
Supreme Court of North Carolina
Civil action, to recover land, tried before Qvdger, /., at Fall Term, 1886, of the Superior Court of Bertie. The land in dispute had belonged to Oscar Walker, formerly a slave, who died intestate in the year 1879. The femes plaintiff were his daughters by Sarah Branch, a slave, who died in February, 1866. The defendant, Sukey Walker, had been a slave of Oscar’s owner, and lived with him as his wife until his death. The other defendants are his children by her.
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Civil action, to recover land, tried before Qvdger, /., at Fall Term, 1886, of the Superior Court of Bertie. The land in dispute had belonged to Oscar Walker, formerly a slave, who died intestate in the year 1879. The femes plaintiff were his daughters by Sarah Branch, a slave, who died in February, 1866. The defendant, Sukey Walker, had been a slave of Oscar’s owner, and lived with him as his wife until his death. The other defendants are his children by her. The other facts sufficiently appear in the opinion. The verdict and judgment were in favor of the plaintiffs, and the defendants…
1Opinion of the CourtSmith, C. J.
Soon after the late civil war, which conferred freedom upon a large class of our population, who had been slaves without capacity to enter into legal and valid marital relations, it became necessary to provide by legislation, retroactive as well as prospective, for the results of emancipation in regard to this relation, and give it the sanction of law.
To this end was passed the act of March 10, 1866, Acts 1866, ch. 40, the fifth section of which, so far as material to the present inquiry, is in these words:
“ In all cases when a man and woman, both or one of whom were lately slaves and are now…
2Cases cited4 opinions
- Long v. . BarnesSupreme Court of North Carolina · 1882
- State v. . HarrisSupreme Court of North Carolina · 1868
- State v. . AdamsSupreme Court of North Carolina · 1871
- State v. . WhitfordSupreme Court of North Carolina · 1882
3Cited by2 opinions
- Nelson v. Hunter.Supreme Court of North Carolina · 1906
- Croom v. . WhiteheadSupreme Court of North Carolina · 1917