Dingle v. Mitchell

Citations

• 20 S.C. 202
• 1883 S.C. LEXIS 139

Syllabus

<p>1. If copy-deeds are received in evidence without objection, they become competent testimony in the cause, and proof of loss of the originals is dispensed with.</p> <p>2. There being evidence of possession for more than twenty years by those through whom the plaintiff' claims title to the land in dispute, and also evidence of plaintiff’s title from a source under whom defendant also-claimed, the judge correctly refused defendant’s motion for non-suit. ,</p> <p>3. Under the acts of assembly legalizing the marriage of slaves, and declaring their issue legitimate, property of such former slaves passed, as in other cases, according to the statute of distributions; and a wife and child are preferred to sisters and their children.</p> <p>4. Such acts affected the marriage of a free person of color with a slave, and their issue, to the same extent as where both parties were slaves.</p> <p>5. There was no error in charging the jury that if a free man of color, purchased his slave-wife with a purpose, of making her free, and she after-wards enjoyed freedom for twenty years, the jury might presume that the husband had taken her out of this State, and thereby accomplished her freedom.</p> <p>6. The charge in this case held not to be a charge upon the facts within the inhibition of the State constitution.</p>