Ferrall v. Ferrall
Supreme Court of North Carolina
Appeal from Goolce, J., at tbe October Term, 1909, of EbANKLIN. Tbe summons was issued in November, 1907, and complaint filed and duly verified, alleging that plaintiff was a white man; that be bad married defendant in January, 1904, and seeking divorce on tbe ground that defendant “was and is of negro descent within tbe third generation” and averring plaintiff’s ignorance of this fact at tbe time of tbe. marriage.
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Appeal from Goolce, J., at tbe October Term, 1909, of EbANKLIN. Tbe summons was issued in November, 1907, and complaint filed and duly verified, alleging that plaintiff was a white man; that be bad married defendant in January, 1904, and seeking divorce on tbe ground that defendant “was and is of negro descent within tbe third generation” and averring plaintiff’s ignorance of this fact at tbe time of tbe. marriage. Defendant answered formally denying tbe allegation in reference to her being of negro blood within tbe third generation and averred with reference thereto: “While plaintiff was…
1Opinion of the CourtHoke, J.
Tbe statute law applicable to tbe question presented, being tbe first part of sec. 2083, Revisal of 1905, is as follows: “Who Hay Not Marry. — All marriages between a white person and a negro or Indian or between a white person and a person of negro or Indian descent to tbe third generation inclusive . . . shall be void.” This or some enactment expressed in similar terms, has long been tbe statute law of our State governing questions of this character, and when before tbe Court tbe accepted construction with us, so far as examined, has always been that where all other persons whose race or…
2Cited by5 opinions
- Williamson v. City of High PointSupreme Court of North Carolina · 1938
- Johnson v. . Board of EducationSupreme Court of North Carolina · 1914
- Edwards v. Hood Motor Co.Supreme Court of North Carolina · 1952
- State v. . MillerSupreme Court of North Carolina · 1944
- Davis v. Southern Railway Co.Supreme Court of North Carolina · 1916