Carter v. Gaines
Supreme Court of Alabama
Appeal from Circuit Court, Marengo County; A. B. Foster, Judge. Ejectment by Alice Gaines and others against Emma Carter and others. From judgment for plaintiffs, defendants appeal. The following charges were refused to the defendant: (2) In order for cohabitation to arise to the dignity of evidence of marriage, it must be constant and exclusive cohabitation between the man and the woman, entered into with a view of becoming husband and wife.
Read the full summary
Appeal from Circuit Court, Marengo County; A. B. Foster, Judge. Ejectment by Alice Gaines and others against Emma Carter and others. From judgment for plaintiffs, defendants appeal. The following charges were refused to the defendant: (2) In order for cohabitation to arise to the dignity of evidence of marriage, it must be constant and exclusive cohabitation between the man and the woman, entered into with a view of becoming husband and wife. (7) In ascertaining whether Sol Littlejohn and Hannah were living together with the intention to be husband and wife on September 29, 1865, the jury may…
1Opinion of the CourtThomas, J.
This suit was statutoryejectment, filed January 1, 1918. Defendant disclaimed as to a part of the land and pleaded “not guilty” as to the other.
The common source of title was a former slave, Solomon Littlejohn. The claim of appellant was through her mother, Margaret Ann, a slave, as the wife of said Solomon; and that of appellees, as the grandchildren of said Littlejohn, through their grandmother Hannah (Collins), who was a slave. The latter claimed that a lawful marriage existed between Littlejohn and Hannah under both classes of the ordinance of September 29, 1865, viz.:(1) “All marriages…
2Cases cited16 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Beggs v. StateSupreme Court of Alabama · 1876
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Farley v. FarleySupreme Court of Alabama · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McClurkin v. McClurkinSupreme Court of Alabama · 1921
- Eldridge v. StateSupreme Court of Alabama · 1945
- Ellison v. StateAlabama Court of Appeals · 1948
- Walden v. StateAlabama Court of Appeals · 1948
- Mostilla v. AshSupreme Court of Alabama · 1937
3 more not listed; retrieve them via the Exa API.