Hall v. . Fleming
Supreme Court of North Carolina
Suit for sale of land for partition, transferred to Civil Issue Docket and tried before his Honor, M. II. Justice, J., and a jury, at June Special Term, 1917, of PasquotaNK. It appeared that the property described in the petition belonged to Joshua Fleming, deceased, who was a slave before the termination of the Civil "War.
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Suit for sale of land for partition, transferred to Civil Issue Docket and tried before his Honor, M. II. Justice, J., and a jury, at June Special Term, 1917, of PasquotaNK. It appeared that the property described in the petition belonged to Joshua Fleming, deceased, who was a slave before the termination of the Civil "War. Plaintiff, Cora Hall, claimed that she was a daughter of Joshua Fleming, born to him before January 1, 1868, by an alleged wife, Judith Carey, and that she was entitled, as heir, to a portion of her deceased father’s property, under Rule 13 of our Statute of Descents,…
1Opinion of the CourtHoke, J.
Our Statute of Descents, Eevisal, chap..30; Eule 13, provides “That the children of colored parents, born at any time before the first day of January, 1868, of persons living together as man and wife, are hereby declared legitimate children of such parents, or of either one of them, with all the rights of heirs at law and next of kin with respect to the estate or estates of any such parents or either one of them,” etc.
There was evidence admitted tending to bring the case of this claimant, Cora Hall, directly witinin the provisions of the statute, and, on the record, we are of opinion that the…
2Cases cited5 opinions
- Gilliland v. Board of Education.Supreme Court of North Carolina · 1906
- Doe on Demise of Moffit v. WitherspoonSupreme Court of North Carolina · 1849
- Rollins v. . WickerSupreme Court of North Carolina · 1911
- Walker v. . WalkerSupreme Court of North Carolina · 1909
- Spaugh v. . HartmanSupreme Court of North Carolina · 1909
3Cited by1 opinion
- Ewell v. . EwellSupreme Court of North Carolina · 1913