Legal Opinion

Cantelou v. Doe ex dem. Hood

Supreme Court of Alabama

Decided December 15, 1876PublishedCited by 2 opinions

Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Daniel Hood and Emeline Felder, claiming as the children of Daniel North, deceased, against Margaret Cantelou, to recover the possession of a small lot near the city of Montgomery; and was commenced on the 21st October, 1875. “On the trial,” as the bill of exceptions states, “ the plaintiffs proved that Daniel North was, at the time of his death, which occurred in…

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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Daniel Hood and Emeline Felder, claiming as the children of Daniel North, deceased, against Margaret Cantelou, to recover the possession of a small lot near the city of Montgomery; and was commenced on the 21st October, 1875. “On the trial,” as the bill of exceptions states, “ the plaintiffs proved that Daniel North was, at the time of his death, which occurred in 1870, the owner of the premises sued for; that said Daniel, about thirty years ago, being then a slave, married a woman,…

1Opinion of the CourtStone, J.

In Smith v. The State, 9 Ala. 996, this court said: “ Whilst we admit the moral obligation, which natural law imposes, in the relation of husband and wife among slaves, all its legal consequences must flow from the municipal law. This does not recognize, for any purpose whatever, the marriages of slaves.” And it was ruled, that the *521so-called wife of the accused was a competent witness for him.

In Malinda v. Gardner, 24 Ala. 719, the claimants asserted the right to a succession, because they were the offspring of a continued cohabitation between persons who were slaves; which cohabitation was a…

2Cases cited4 opinions

  1. Smith v. StateSupreme Court of Alabama · 1846
  2. Malinda v. GardnerSupreme Court of Alabama · 1854
  3. Stikes v. SwansonSupreme Court of Alabama · 1870
  4. Haden v. IveySupreme Court of Alabama · 1874

3Cited by2 opinions

  1. In Re Estate of McDadeSupreme Court of Oklahoma · 1923
  2. Adams v. SneedSupreme Court of Florida · 1899

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