Andrews v. Simmons
Mississippi Supreme Court
From the circuit court of Wilkinson county. HoN. W. P. Cassedy, Judge. Ejectment by appellant against appellees. It is admitted that the title to the land in controversy was in one Barney, who died intestate several years before the bringing of this action.
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From the circuit court of Wilkinson county. HoN. W. P. Cassedy, Judge. Ejectment by appellant against appellees. It is admitted that the title to the land in controversy was in one Barney, who died intestate several years before the bringing of this action. Plaintiff in support of his title offered evidence to show that prior to 1860 Barney, then a slave, was married, according to the custom then existing, to one Mary, a slave, and that they lived together as husband and wife continuously until forcibly separated; that while thus living together as husband and wife, the plaintiff, Lizette,…
1Opinion of the CourtWoods, J.
The only error assigned by counsel for appellant is the action of the trial court in excluding the evidence, offered by plaintiff, showing that she was the daughter of Ike and Mary Barney, who were slaves, united in marriage according to the usages prevailing during the existence of slavery, and that Mary died in a state of slavery, after involuntary separation from her husband, and that Ike did not again re-marry during the lifetime of Mary.
There being no marriages recognized in law among slaves, when this class of our population was enfranchised and elevated to citizenship, the legislature…
2Cited by5 opinions
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- Reed v. MoselyMississippi Supreme Court · 1898