Opinion · Superior Court of North Carolina
Telts v. Foster
Telts v. Foster, 1 N.C. 121 (Superior Court of North Carolina 1799)
- Type
- Opinion
- Court
- Superior Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1799-04-15
- Topic
- general
Moore, J. The answers of the defendants ought to be read to the jury, and by them considered. There is in this case no positive proof of a marriage, but there are circumstances advancing to create a belief that a marriage has taken place : they have lived together along time, as man and wife, have had several children, and the witnesses say that she was a woman of irreproachable character before these things happened. If so, a presumption arises that she would not thus have cohabited with the other defendant, unless a marriage had been previously solemnized. Upon such evidence, I think the jury may find a marriage.
Citator
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The answers of the defendants ought to be read to the jury, and by them considered. There is in this case no positive proof of a marriage, but there are circumstances advancing to create a belief that a marriage has taken place : they have lived together along time, as man and wife, have had several children, and the witnesses say that she was a woman of irreproachable character before these things happened. If so, a presumption arises that she would not thus have cohabited with the other defendant, unless a marriage had been previously solemnized. Upon such evidence, I think the jury may find a marriage.
Verdict accordingly.