Knox v. Moore

Citations

• 41 S.C. 355
• 19 S.E. 683
• 1894 S.C. LEXIS 121

Syllabus

<p>1. A General Exception not considered.</p> <p>2. Decree — Correction.—A Circuit Judge, after filing his decree in a cause, may make correction of any inadvertence or mistake in his decree, whereby he has stated a conclusion different from that which was intended by him.</p> <p>3. Exceptions alleging error on the part of the Circuit Judge in overruling exceptions to the probate judge’s decree without any statement of such overruled exceptions, not considered.</p> <p>4. Findings of Fact by the Circuit Judge on appeal from a decree of the probate judge sustained, such findings not being unsupported by evidence, nor opposed to its manifest weight.</p> <p>5. Slave Marriages — -Legitimizing Statutes. — The law of this State never recognized marriages between slaves. Where two slaves lived together as man and wife for some years, and the man was then married to another slave woman, with whom he lived until his death, many years after' their emancipation, the second wife was his lawful widow, and the children of his first wife, acknowledged by him as his children, were his lawful children, under the statutory declaration contained in the act of 1865,13 Stat., 291. Nor could he have abandoned bis second wife and made the first wife his lawful wife under that act without a ceremony of remarriage.</p> <p>6. Ibid.- — Ibid.—Homestead—Dower.—The first wife not being the lawful widow, she was not entitled to homestead and dower in the lands of the deceased.</p> <p>7. Deoree — -Exception.—A matter considered by the Circuit Judge cannot be made a ground of exception because not referred to in the probate or Circuit decree, especially when it is a matter of no practical consequence.</p>