Butler v. Butler
Illinois Supreme Court
Appeal from the Circuit Court of Lawrence county; the Hon. S. Z. Landes, Judge, presiding. This is a bill filed by appellees in the circuit court of Lawrence county for the partition of certain lands and to remove a cloud from the title. The evidence shows that in July, 1893, one Allen Butler, late of Lawrence county, died intestate, and at the time of his death was seized of certain lands lying in said county and here in controversy.
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Appeal from the Circuit Court of Lawrence county; the Hon. S. Z. Landes, Judge, presiding. This is a bill filed by appellees in the circuit court of Lawrence county for the partition of certain lands and to remove a cloud from the title. The evidence shows that in July, 1893, one Allen Butler, late of Lawrence county, died intestate, and at the time of his death was seized of certain lands lying in said county and here in controversy. Said Allen Butler, then a slave, and Mary Ann House, a free negro woman, were married at Jefferson, Frederick county, Maryland, July 24, 1841, by a minister of…
1Per curiam
The question as to the validity and effect of marriages between men and women, celebrated when in a state of slavery, as the institution of slavery existed in many States of the Union prior to its abolition, has been considered by the courts of last resort in several cases in different States. While the decisions are not harmonious in all respects, they practically agree that while such marriages were recognized and encouraged in all of the States where slavery existed, they gave rise to no civil rights, and were not binding upon the parties to them if repudiated upon emancipation. They were…
2Cases cited4 opinions
- Wightman v. WightmanNew York Court of Chancery · 1820
- Dugan v. AndersonCourt of Appeals of Maryland · 1872
- McDeed v. McDeedIllinois Supreme Court · 1873
- Johnson v. JohnsonSupreme Court of Missouri · 1870
3Cited by6 opinions
- Kennedy v. Pawnee Trust Co.Supreme Court of Oklahoma · 1912
- Adams v. SneedSupreme Court of Florida · 1899
- Lewis v. KingIllinois Supreme Court · 1899
- People ex rel. Byrnes v. Retirement Board of the Firemen's Annuity & Benefit FundAppellate Court of Illinois · 1933
- Middleton v. MiddletonIllinois Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.