Scott v. Raub

Citations

• 88 Va. 721
• 14 S.E. 178
• 1892 Va. LEXIS 24

Syllabus

<p>1. Slave Marriaoeh — Legitimacy— Case at bar. — Plaintiff was born in 18(52 of parents living together as husband and wife from 18(31 to 1864, he being a colored man, and she a slave and dying then, and plaintiff was recognized as his child, and as such reared to womanhood.</p> <p>Held :</p> <p>Under Constitution — Article XI, section 7, and act- February 27th, 18(56, section 2 — she was his legitimate child, and entitled to share by inheritance in his real estate.</p> <p>2. Partus .Sequitur Yextrem. — Regardless of degree of negro blood, children of slave mothers .were likewise slaves. Code, 18(50, eh. 103,11.</p> <p>3. Slaves — Free negroes. — Statute prescribing that persons having one-fourth or more negro blood should he deemed mulattoes applies to free negroes, not to slaves. Code, 18(50, ch. 108, $ 9.</p> <p>4. Idem — JCarriage.—At common law slaves were incapable of contracting valid marriage, but actual marriage had certain moral force, and might he confirmed after emancipation.</p>