Mosser v. Mosser
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. Wade Keyes. This bill was filed by Mrs. Belinda Mosser, seeking a divorce from her husband, Samuel Mosser, on the ground of his alleged adultery with a mulatto girl named Holland, the property of his wife.
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Appeal from the Chancery Court of Pike. Heard before the Hon. Wade Keyes. This bill was filed by Mrs. Belinda Mosser, seeking a divorce from her husband, Samuel Mosser, on the ground of his alleged adultery with a mulatto girl named Holland, the property of his wife. The defendant moved to dismiss the bill for want of equity, on the ground that adultery cannot be committed with a slave ; but the court overruled the demurrer, and on final hearing, on bill, answer, and proof, rendered a decree for the complainant. The testimony in the case, in substance, was as follows : On the part of the…
1Opinion of the CourtStone, J.
1. Slaves, although property, and free persons of color, are, under our system, regarded as persons for many purposes. — See Code of Alabama, § 2, ¶ 4; § 3805, and others. Crimes may be perpetrated against them by white persons, and the punishment in such cases is little less severe than for offenses of similar grade against white persons. — Code, tit. 1, ch. 2, art. 7, p. 591. They are reasonable creatures in being,” cared-for alike by our laws, and by the commonest dictates of humanity. Section 1961 of the Code declares, that “the court of chancery has power to divorce persons from the…
2Cases cited8 opinions
- Richardson v. RichardsonSupreme Court of Alabama · 1837
- Gray v. GraySupreme Court of Alabama · 1849
- State v. CrowleySupreme Court of Alabama · 1848
- State v. GlazeSupreme Court of Alabama · 1846
- Collins v. StateSupreme Court of Alabama · 1848
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3Cited by10 opinions
- Jeter v. JeterSupreme Court of Alabama · 1860
- State v. HastySupreme Court of Iowa · 1903
- Coleman v. ColemanSupreme Court of Alabama · 1916
- Walthall v. GoreeSupreme Court of Alabama · 1860
- Beard v. StateAlabama Court of Appeals · 1923
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