Tucker v. Bellamy

• Decision Date: 28 November 1887
• Citation: 98 N.C. 31,4 S.E. 34
• Court: North Carolina Supreme Court
• Parties: Tucker and others v. Bellamy.

4 S.E. 34

98 N.C. 31

Tucker and others

v.Bellamy.

Supreme Court of North Carolina.

November 28, 1887.

1. Descknt and Distribution—Slavks—Code N. C. §1281.

Code N. C. §1281, provides that the children of colored persons living together as man and wife, born before January 1, 1868, shall he considered legitimate, with all the rights of heirs at law and next of kin, with respect to the estates of such parents or either of them. Held that, under this provision, persons born before the time specified could not inherit from an aunt.

2. Same—Slaves.

In North Carolina, slaves could neither legally marry, nor own or Inherit property. Plaintiffs and their aunt were slaves. In 1880 she died without issue, leaving properly. Held, that they had no such legal status in relation to her, as enabled them to inherit from her in the absence of statutory provision.

Appeal from supreme court, New Hanover county; Philips, Judge.

M. Bellamy and J. D. Bellamy, Jr., for defendant. No counsel for plaintiff.

Meriiimon, J. This is a special proceeding, and the plaintiffs allege in their petition that they and the defendant are the owners, as tenants in common, of a certain lot of land therein described, they being the owners of oner half thereof, and the defendant the owner of the other half, and they demand judgment that partition thereof be made, etc. The defendant in his answer denies the allegations of the petitioners, and alleges that he is the sole owner of the land, etc.

On the trial of the issues raised by the pleadings, the jury rendered a special verdict, from which, among other things, it appears "that Clara McKoy owned, in the city of Wilmington, the east half of lot No. 4, block 280, having been conveyed to Martha Strud wick in trust for her by deed properly proved and registered in the years 1852 and 1858, respectively; that Clara McKoy, Henry Tucker, and Joshua Tucker (father of plaintiffs) were all slaves by birth, born of the same slave mother; that Clara McKoy died in the year 1880, intestate, leaving her surviving no issue or children, but a husband, to whom she was lawfully married, to-wit, one Levy McKoy, and she still owning said lot; that Joshua Tucker died prior to the year 1860, but left him surviving the plaintiffs, who were also born slaves, his children; that Henry Tucker was living at the death of Clara, and is still living. Plaintiffs claim one-half undivided interest in said lots as heirs at law of Joshua Tucker Defendant is in possession exclusively of the premises, and claims title by deed in fee-simple from said Levy McKoy in 1883, and from the said Henry Tucker in 1887 Defendant denies plaintiffs' claim. Both Clara and her husband were emancipated prior to the year 1860." Upon these facts the court...