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V. ,v. . 5 t.jCj '" - " "' T' ' ..' .-- :V-. inTTARTiOYTE. Dill?6BSEBVEg THURSDAY,: 17, 1509. g f V SUPREME COUBT OPINIONS Morganton Hardware Co. t al va. Mor- . ran ton Graded School at al Public Schpol. Property In Trustee. Statutory Lien. Material Furnished, Absence of Legislative Intent. ( " A public school building, vested tn trustee for public school purposes. Is not subject to a statutory lien for materials furnished for Its construction. In the absence, as here, of a statute Indicating a legislative purpose to the contrary. Action tried by Ferguson, J., who found the facts by consent, at December term. 1908. of Burke. Defendant appealed. J. Z. Barker tb. J. L. nnd C. K Denton Stale's Lands. Enterer. Code. :TM. Time For Payment. The end of the year an entry of the State's vacant and unappropriated lands, and not the day thereof, is the date from which the enterer may com pute the time In which he must pay for the lands entered, under the ('ode. Sec. 7766. requiring that the land 'shall. In every event, be paid for. on or before the Slst day of December, which shall happen In the second year thereafter," or the entry shall be null and void. Hence lands entered thereunder on No vember 1 1904, and paid for December SI. VK. meets the requirement of the statute Action from Oraham. Bprlng terra. X, heard by Ward. J . by consent, at Murphy. Iefendants appealed. f .fln'?laigwOraJvtnSAx cmfw cmf cm J K Snell et al vs Paul Chatham. 1. Nuisance. I 'end. Public Health, Ar blfration O-rrsent Order, Pleadings. Agreement, Scope of Action Enlarged In an action for injury from the main tenance of a pond and to enjoin the re- building of a darn, the parties nay by consent order of arbitration voluntarily enlarge the scope of the controversy to Include the award a scheme of drainage proper to safeguard the public health: and when there Is no evidence Impeach ing the award, a Judgment rendered In accordance therewith Is valid and bind ing 2 Nuisance. Ponds, Public Health, Ar bitration. Consent Order, Agreement Drainage. Scope of Action Knlarged, Consideration. When by consent of the par-Ilex to an action for damaces and to enj"ln the re- building of a dam alleged to against the Interest nf the public health, an or der of arbitration Is made hy the court under which the complaining party agreed to execute Mich plan or scheme as the majority of the arbitrators should award a "proper to safeguard the pub lic health ui the premise," an exception to the power of the court tri enforce an award requiring the dralnafc-e of an area of land which was In It natural condl- lion, cannot be sustained, the agreement of arbitration heing a sufficient consid- 'ratio" Action for damages ano. injun .ion hearri ty justice. J . at rsovemoer leim J9f. of Mecklenburg Murchlson National Hank vs. Dunn OH Company. 1 Negotiable Instruments. Restrltlve Endorsements, "For Deposit or Collec tion." Intermediate Agients, Notice. Payment Arrested A draft or bill transferred to a hank by restrictive endorsement, as "for deposit" or "for ( ollecdon." is taken and held by the hank us agent for the endeavor, and for the pui pose Indicate,!, and .sub ject to the rlsht nf the endorser to ar lest payment or diver! the piovccds tn the hands of any Inl eruinl la t e or sub- ageut who ha taker, the paper for l'ke : , e ahence of rrni,, abuse In the exer purpose and affected by the -est fiction rjh(1 ,(f ,he di,crMlon. satiable Itis-ltumetus iteMrictivo Agreement. Dehors Nolhe. payment Arreted A drauer of u draf'. ordinarily stenl Ing towards suhse,ucut parties as a (teneral endorser may. by appropriate words appearing on the paper-, or by I agreement dehors the Instrument as to 1 iersons affected with r;otie. retain the; .tight to a: rest payment S. Negotiable Instruments. Rest ri t i o Agreement. Principal ;ind Ae.'it Hold er in Due Course. Drawee and lvi dorsee, I. lability ! When an agent for collection or den sit J of a negotiable Instrunie d. a draft in j this rase, lias acted within the apparent 1 scope of his authority and exceeds his j power so that a holder In due courso 1 acquires the paper for value and without j notice of a restrictive agreement et ween J the orginal parties, the drawer may he i held responsible to mu h holder 6. Negotiable Instruments. Holder In ftue Course. Purchase. Consideration. A hank which acquires a draft by p.rr chase from another hank for an existing Indebtedness Is a holder for value, such Indebtedness constituting value by ex press provision of statute Revlsal. L",7:i. 6. Negotiable Insti urnents. Restrictiv e Agjement. Notice. Evidence, Questions For Jury When a bank to which a draft appeal ing on its face to be negotiable. Is for- waroeo o ano.ner nana pu, cases ror ; value without notice of an agreement ; restrict!,,,; lis r, emulation. the drawer. may not stop pavmeni of the draft as ! against the rights of the hank so hold ing the paper, and w I en there is 1 011 fllcting evidence as ty whether the pur chasing bank acquired without notice, the question is properly submitted to the Jury State vs Kd Brown el al 1. Police Justlie. Jurisdiction. City Llm lt. Evidence, Judgment, Morion in Ar rest. When a police justice has Jurisdiction of offences onlv when 'ommilted within the corporate limits of a city, a motion In arrest of Judgment will re denle I when it does not appear that the ulTriH-ii was committed In the limits prescill.ed 2. Larceny Irom person. Punishments, i Jurisdiction, Superior Court Larceny from the person, regsidless of the value of the propeitv Is within th? n 1 n ill" executive Jurisdiction of the Court. Revlsal (! -uperlor J. M Thrash et ai vs. Commissioners of Transylvania County. School District. County Board of Educa tion. S:ecial Tax. Proceedings. Regular ity Presumed Burden of Proof. In- ' structlons , In an action to impeach the validity of a 1,-u.di cj,r r,,r.i,ia lo.-.- ,.f n t .... ...... v., a ,- cial tax. t;ie presumption of law Is in favor of the regularity of the conduct of the authorities with the burden on the ofcjettng frty to show tr.e contrary, and when the regular filing of t!;e pett Hon ajid the order for the election by the county commissioners, a nd tf,eir 1.01 -firmatlon of the election, are s!.own. no Irregularity appearing, it is n,n error for the judge to charge the Jury tl at if they believed the evidence, the plalntirts had not made out case. Action for mandamus and injunction heard before Ward. J.. and a lurv at November term, 190g. of Tranf-ylvania. I Plaintiff appealed r,- s- . Th- r-h.r..,.n vr. Comnejir. I Master and Servant. Safe Appliances enrressly or bv clear Intendment and There being plenary evidence that plain- 1 against her property sought to be bound tiff was free from blame, and Injur- ! f,.r I's payment ed in th course of hla employment by ! ; Husband and Wife. Wife' Separate defendant' negligence In furnishing him j Realty. Wlff's Note Consent of Hu wlth a defective equipment or appliance band, Chare Specific. Equity. Privy with which to work, th verdict award ing damages to plaintiff, under a"ccrrrect char re. was a proper1 one. 0?ress!y vs. Tarn Mills. 13 N C. .410. cited and ap proved). - Th StU Co. et aj vs. X. A- Tinier. 1. Deeds and Conveyance. Cities and Tawna, Streets, Till Acxjuined. Subse quent Purchasers. Sleeping on Rights. A land company acquired certain landa. laid them off Into lots with streets, plat ted thorn and Incorporated a town there with, sold a part thereof to defendant for a farm, conveying tb title to the streets within the boundaries of his con veyance, and defendant obtained a quit claim deed from the town authorities to the streets thus conveyed Held. Hi subsequent purchasers of lots in a dif ferent part of tb town so laid off could not maintain an action to enjoin de fendant from blocking UssVthe streets thus acquired by him on his own land. (3 An action begun more than ten year after defendant had acquired the deed from the land company and the quit claim ueed irom tne town, would be bar red by plaintiffs having slep on their rights, if any they had. 1 Deeds and Conveyances, Cities and Towne. Streets. Tit la Acquired, suit able Rights. Parties in Interest. Par ties to Conveyance, Estoppel. When some of the plaintiffs claim as heirs at law of one who was an officer of defendant's grantor corporation and. as such, a party to his conveyance, and the other plaintiffs are two corporations the majority stock of which was held by one alao an officer of defendant's gran tor, no equitable rights can be asserted by them. Farmers and Merchants' Bank of VVI1 liamston vs (Jerrnunia Ure Insurance Company. 1. Principal and Agent. Negotiable In struments. "Kiting'' Checks. Purchaser, Ui k of Authority. Notice Implied. The "kiting" of checks from one bank to another, a method to suxtaln a false credif at the banks, or to temporarily raise funds, not be Implied as being within the scope of the authority con ferred by a life Insurance company upon I (ts gener(l Sate ag(,nl and a bank nav Ing actual or implied notice of such transaction will be presumed to have knowledge of the agent's lack of au thority. When it appears that a general State agent of a life insurance company has been "kiting" the company's checks be tween banks for his individual purposes, and that one of these checks, purchased by the plaintiff bank, was drawn by the cashier to the general agent of the In surance company, and by him as such endorsed for value, and when there 1 Lvi(5enoe tha, th tne and Ken. I eraJ agent had authority to draw checks I and that the bank was a purchaser wlth I out notlc. the qutlon of notice Is for ! the Jury, and their finding the Issue In I the negiatlve under correct Instructions 'will not be disturbed on appeal, though i the greater weight of the evidence may he to the contrary. ' 3 Principal and Ajpent, Negotiable In- unimmli "KItin" Oiecks. Authority of AbwU Uridine. Burden of Proof Jn an 0 r9Cover upon OIie of ! a series of "kiting" checks, alleged to hav, bMn j, by ths chier or gen eral Stat agent of an Insurance com pany under authority conferred by his company, and to hava been acquired for value by the plaintiff, the burden of proof Is on plaintiff to show that the oehler 0 general agent had the authority al leged. 4. Verdict. Set Aalde. Trial Court. Dis cretion. Preponderance of Evidence. Exception to Verdict, Appeal and Er ror It Is within the discretion of the trial Judfte to set a verdict aside as tx-ing against the preponderance of the evl dence, and this question will not be con sidered on appeal upon exception to a verdict or Judgment thereon, at least In .,,., SofTlclent Ismies Tendered When the Issues submitted to the Jury are sufficient to present all the contro verted matters In the case, there Is no error In refusing Issues tendered Action tried before Piegs. J and a 1iirv. at June term. 1907. of Martin. De fendant appealed i 1 rtjii Bnd Peam vs Southern Ruilrosd I Company. II Rallnads. Penalty Statutes Carriers nf Goods Refusal to Accept Freight. Constitutional Ijw Sec 26.11. Revlsal IS, imposing a pen alty on a railroad for refusing to ac cent freight tendered for shipment. Is a vsltd regulation In direct and reasonable enforcement of the duties Incumbent on rtefendnjit company as a common car rier, and Is not in conflict with the ..th amendment nf the constitution of th Vnltedl Slates. ? Same. Interstate Commerce Nor Is said section repugnant to or In contravention of Article 1. Pec of the mm notes, given for balance of purchase constitution of the T'nlted States, con- price, accepts unconditionally the option ferrtng upon Congrees the power to reg- I according to Its terms, and tenders the nlate commerce between the States the cash panent. It is the duty of the les peonlty Is In direct enforcement of the ' sor to prepare and tender the deed, and du'les encumbent on defendant company upon his failure to do so the lessee Is as common carrier. Is imposed ror a 10- cal default Is not a burden on Interstate 1 nn.nu.r.-a hnl tn uld thereof nnd In the m.f nf ,,,,, VP congressional l,ls ' n r ()f r,tPTfr!nff action by the In- j Commerce Commission the mat- ,,,,,., ki.,., nf State lecis- 1 l"l!o" 3 Railroads. Carriers of Ooods Sched- nles Consress. Statutory Reouire- j ments Presumptions Interstate Com- n,,-ee i The taw presumes that a railroad com ., hi. compiled with the reo'iirernenls of an net nf Contrress and the orders j Option. Acceptance. Specific Perforni of the Interstate Commerce Commission gnce made there mder In pu-Tlshlng Its rate j n assignment by one partner to an te and from st.it Ion on Its rood J other or an option of purchase of the 4 Railroads schedules. Publlcstl n i lands described In their lease. Is vali i Congress. Statutory Requirements. 1 r-nse renan v 'inir. Tl-e purpose for whlcn rauroacr mm- , yinj, Rrp rPOlred to nubth the'r I ,,.,,, .1- ,,f raim bv the act of Congress and tl-e order of tlit- Interstate Com- I mrce ( ftmmi,on rrine in n,oip 1 I tt-ererf Is en'lrelv different from, and j , , . , . I na mil ' n ble te that Involved In an c- 1 j . . th, nenoiiv seeming from the cfiisal of the comianv to accent freight 1 when tendered un-ter Pe-vlsal. 2BX1. 5 Reilrosds Tensity Statutes. Carriers of Goods Refusal to Accept Freight. fine Process, c-nnstitntlcmal Law. Th defendant having been afforded f,,n .-nnrrtnnity to make defense, artd the evider.ee falling- to disclose anv suhetp- t excuse or explanation for Its default .... BnnAHn0 In thl rase a ion IMF IM, IP ,,'T., - ,-ecoverv of the pensrv Imposed bv the ; .totote Is not an Interference with a bifdrn n lntrft ommrc rtmnrun l'hv tlis Cnlted States constitution r Bitirtt or bv rrrrlt-"Tis or tb Tnter ,totP Cnmnxr Commission mad In pursuance thereof. Mercantile National Bank vs. Mrs I J. pontxiw et l 1 Husband and Wife. Wife's Separate Personalty. Wife's Note. Consent of Husband. Charge Specific by Intend mn-- A rime ijuc- ' -., v - ' but with the written consent of her hus- hxnd. will not bind her separate personal nr. pertv to It payment when It does not FTsmlnatljr For a feme covert to bind her real prop erty to the pavment of a note given by tr. she must execute a formal convey ance or some paper writing which tn Kjuity may b a charge upon her Sep-1 1 arat sl4te, accompanied by th writ- S ten assent of her husband and her privy examination. 4 J. H Mets, Admr. vs City of Ashevill. Cities and Towns. Sewerag. Police Ret ulationa. Governmental Powers. Torts. No Liability. In establishing a free public sewer system for the benefit of its citlsen. for the use of which no charge la' made, a city Is exercising a governmental func tion, and Is not responsible therein for damages alleged to have been caused by fever communicated to plaintiff's Intes tate by reason of the condition of a branch In which on of the sewer pipes emptied. (Casts In which the city ex erclaes a power conferred for private purposes, distinguished by Brown, J ). U. M. Sheppard vs. Rocklngnam Power Co. 1. Corporations. Shares of Stock. Voting Trust or Pool. Public Policy, Klghts of Individual Owner. A stock agreement which takes away from the stockholders sll right to vot for a period of three years after a cer tain future time and provides for a vot- lot Ing committee to decide upon facts or . 4 condition to conclude and bind all par- ; missions. Interests. ties In Interest, la contrary to public j xhe silence of one In whos presence policy and void, as each stockholder : statement are made Is no evidence of must be free to cast his vote for what 1 ,g admission 0f the truth of the state he deem -for the best Interest of the tnents. when they were made under such corporation. circumstance a would not naturally 2. Corporations, Shares of Stock, Voting. ;tn for a reply, nor ordinarily when th Legal Title. Beneficial Owner, Illegal person silent respecting them had no Trust, Public Policy. 'present interest specially Involved. An agreement which separates the 1 benncla) ownership of stock In a cor y (- jjusiter vs. S. A. L. Railway, poratlon from the legal title Is contrary ilr0ild. mioadln Car. Master and to public policy and void J. Corporations. Shares of Stock. Voting Trust. Proxy, Period of Duration. An agreement pooling etock In a cor- poratlon which creates a voting trust with absolute powers to decide upon matters arising for a period exceeding three years cannot be considered as a proxy authorixed by nevlsal. 114. a proxy is only good for the peilod of , three years. i. Corporations. Shades of Stocks. Voting Trust, Proxy. Powers Revocable An agreement to pool shares of stock In a corporation for voting purposes. If con sidered as a proxy, Revlsal, list, cannot be made Irrevocable. 5. Corporations. Shares of Stock. De mand. Voting Trust. Lawful Intent. Answers Insufficient An answer of an Illegal po' fr 'he voting of corporation stock, to a clcmand for possession of his stock by a pur chaser of the stock so held, that It would not vote such .stock lllegslly. etc . Is In sufficient. I. Corporation. Voting Trust Shares of j Stock. Rights of IMrchaeer. Injunction. J A purchaser or snares 01 corpora urn stock held by an Illegal voting trust may enjoin the voting thereof by the trust or It carrvlng out a contemplated plan of reorganization, and may vote the same In all stockholders' meetings Action from New Hanover, heard 11pm Injunction bv Lyon J . at Chambers. Iw cember WN. IWendant appealed Richmond T'earNon and Wife vs. C. t Millard 1 Consideration, Option. Lease A lease Is a sufficient consideration to support specific performance of an op act 'u';"-'"' " , '" . , 2. Same, I nllateral Contrail, Accept ance. An option of purchase contained In a lease is a unilateral contract binding the lessors only when It Is unconditionally accepted according to Its terms. 3. Same. Notice Sufficient. Compliance. When a lessee of lajids with an option j of purchase notifies the agent of the lessor of his acceptance of the option of purchase. In accordance with its terms. the notice Is sufficient : 1. Same. Evidence, principal and Asent. I Harmless Error. When It Is shown that a lessee, holding a lease with an option of purchase ha notified the n-nl of the lessor-, the lat- . ter residing abroad with her husband, of his acceptance of the option according i to Its tetrns, who communicated the fact , to the husband, and she made no reply. It Is harmless error to admit in evidence, under her objection, n letter from the ; husband stating that the terms of tho option had not been complied with upon . a different ground than that contended for In the action, whether the husband j was or was riot the agent of the wife i 5 Deeds and Conveyances, Contracts. Specific Performance. Option. Notice of Acceptance Deferred Payments. Ten- der of Deed Mutual Obligations When a lessee of lands, with an op tlon of purchase upon making a ca-sl payment and securing with mortgage cer not required to tenner me nmes securro by the niortafie In order to entorce specinc performance 01 ine miiuum s Contracts. Specific Performance When Enforced While specific performance of a con .ru-f i .,or a matter of absolute Tiaht ' .. 1 1 nil, 1, nru.tloH when it iu annui'- ent. from a view of all the circumstances ; of the particular caae. that It w ill sub- serve the ends of Justice and work no j hardship upon the parties to the con- i tract 7, Deeds and Conveyances Cont raet and enforceable by the assignee thereof upon n unconditional acceptance of and compliance with, the terms of the option. b un,4 1 nnvevn nre (ntiroti As- l,nee of Cmtlon Personal Transac i "T tions. Deferred Payments. Waiver. rptny Specific performance or an accepted option to convey lands In accordance With Its terms, cannot be avoided on the ground that It was made to a partner- .K- ilnn ..lTveH tn one of Ih.-.. ! and th. the transaction, providing for j 1,lrv- at November term. 1908. of Pasquo deferred payments, was personal to both ,nnl ...l'.-. nv Hri,t"to deferred n.v. ! ments and Is ready, able and willing to pay oash in full; and a decree providing for the payment In full and the execu tion of the conveyance m-UI not be dis turbed on appeal. Action tried before Peebles. J.. and a Jury, at May term. 1908. of Buncombe. ' ance. depends upon two essential facts, Charles Melvln. by his next friend. R. la rohabltation subsisting at the birth of Melvin. vs. The Piedmont Mutual Life j the child and the paternity of the person Insurance Company. from whom the property claimed Is de- 1. Insurance. Back Dues. Partial fay- rived ment. Term of Reinstatement, waiver. Evidence that an Insurance company received a partial payment for Insurance of back due, on a lapsed policy, Is no j evidence In ItMlf of walrer, when, under ! the term of the policy, the payment of "all back due" was necessary to rein state the policy. I Same. Waiver. When under the terms of a contract of Insurance a lapsed policy would only be reinstated sixty day from th .payment of all back due, and then on condition that the insured should be In good health when the due were paid and for Ave ; t0 weeks thereafter, the fact that the com pany received part payment o back dues raised no question of waiver for th Jury, when It was shown that the Insur ed died two days after making the par tlal payment. tat v. V. C. Jwauum, I. Evidence. Statements, Silence. missions. The silence of a party as aa admis sion of statements mad la bis presaoca Is to be received h evidence with great caution, and. exoept tuaer wall recognis ed condition, la altogether Inadmissible. 2. Same. Judicial Investigation. The silence of a person present at a judicial or q nasi judicial 1 lnvtigattop when statements ar made by a witness, is no evidence- of his admission of the truth of the statements, unless he 'was afforded fair opportunity to speak. J. Sam. Defendant had sworn out a warrant before a justice of the peace against S. and gve testimony upon the trial that 8. hsl unlawfully stolen a ballot pend ing a municipal election. Said S. was bound over to court but no true bill found by the grand Jury. Upon trial of defendant for perjury by reason of the oath and testimony, a State's witness was permitted to testify, over defendant's objection, that defendant was present pending a hearing or investigation had before the county commissioners con cerning this election, and said nothing at that time about S. having taken the bal- Held, error. Evidence. Statements, Silence. Ad- Servant. Accident, Damages. When It appears that plaintiff was ln- jrf. while unloading rails from a flat 1 car, caused by a rail bounding hack in Ian unusual and unexplained .way and striking him; that the method employed f(Jr unll)aJlnr wgg considered the safest 'way. that the car had been properly i ! loaded with rails, and sufficient help furnished In unloading them; the Injury whs the accident and the plaintiff can not recover for consequent damages. Action tried before Webb, J , and a Jury, at November term, 1308, of Chat ham. Elizabeth City vs. D. B. Banks et at 1 Cities and Towns, Franchises, Pow ers. General Statutes. Public Utilities The right or power of a municipal cor- poratlon "to grant. upon reasonable term, franchisee to public utilities." did not exist by general statute prior to th enactment of Sec. 291. sub Seo. 6 of the Revlsal. effective August 1, 1905 L' Same. I'se of Streets, Legislature. The power to grant a franchise to a business corporation over the streets of a municipality rests In the legislature, and cannot ba granted by a municipal corpt, ration when authority is not con ferred hy a general statute, or special Same Construction of Statutes. A municipal corporation can exercise only such powers as are expressly grant- . , ed. or necessarily and fairly implied in. or Incident to. the exercise of the pow ers which are granted to courts, resolv ing any fair, reasonable doubt concern ing the existence of the power agahust the corporation. j 4 Cities and Towns. I'se of Streets, Gas Plants. Public L'tllitles. I Whether a franchise granted to a I business corporation to lay gas pipes In 1 or over the streets of a municipality for the purpose of supplying gas to the citi zens Is one for a public utility, quaere. .Y Same. Compensation. The title to either the fee In the soli, or an easement, is vested In a municipal ity for the use of the people as and for ! a specific highway, which, without leg islative authority, cannot be diverted ' from that use. As to whether the Legis lature can grant a right to use the streets of a municipality, to a business corpora tion without compensating the adjoining owners discussed by Conner J. 6 Cities and Towns. Use of Streets. Gas I Plants. Franchise Void. Legislative j Powers A franchise to a btrsiness corporation by a municipality to lay gas pipes over I or under Its streets for the purpose of ' selling gas to Its cltixen for light, fuel 1 and power, not exceeding a certain rat or price Is void without an express 'grant of power from the legislature, and ti e result Is not chanfed by giving the municipality the right to purchase, aftei a certain period of time, at a price ttj be ascertained bv arbltratTon: or by the authority given the business corporation to contract with the municipality for furnishing gas 7 Cities and Towns. Use of Streets, Gee i Plants, Franchise. I The right granted to a municipal cor ' poratlon to place gas pipes and mains In ' the public streets of a city for th dis tribution of gas for public and private ' use. Is a franchise, and not a license. 9. Cities and Towns. Franchise Void, I Bond For Performance. Contracts Un enforceable. A bond given to a municipal corpora tion for the performance of certain work to be done under an ultra vires and void franchise granted by it. Is without. con sideration and unenforceable. -9 Cities and Towns, Franchise Volt, Ratification. Pleadings. Proof. When a franchise given by a municipal corporation Is void for want of legisla tive authority to grant It. and the municipality sues the one to whom the franchise was granted on his bond given xh' Performance of work to be done thereunder it Is necessary for th municipality to plead and prove acts of ratlficntion under a general statute, when such Is relied on. and show that sub stantial work had been done since the opersttve effect of the general statute. '"" 1 1 '"' "" "ummi. J ann a , A ' 4I Jk I I -"..I T a Bynum Spaugn et al vs A. J. Hartmsn et s! 1. Inheritance. Slaves. Legitimatizing Children. Heir at Law. The efficacy of the act of 1S79 (Re-vlsaT. Sec 179 legitimatizing- the children of colored parents. undr certain conditions living together as husband nd wife, and thus giving them the rights of Inherlt- T Same. Cohabitation, Tn order to come within the provision of the act of 1ST9 (Revlsal. Sec. legit lmatl1nR the children of colored parents living together as man and wife, etc . and thus glvln them the rirhts of Inheritance, an exclusive cohabitation must be shown as signified by the ex pression "living together a man and wife." and not casual sexusl Intercourse. 3. Marriage. Slave. Ugltlmatixtngj Children, Evidence. Acts and Declarations. The quasi marriage .relation necesserr legitimatize the children of colored parents umer the provisions of the act of (Revlsal. Sec. 1S36) may be shown in evidence by reputation, cohabitation, declaration and conduct, under the sam general rule nf evidence applicable to establish the fact of marriage. (Nelson vs Hunter, 140 N. C, 5S9. cited and p P roved). 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The Charlotte Observer (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 17, 1909, edition 1
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