Fetts v. Foster
This text of 3 N.C. 102 (Fetts v. Foster) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
-The answer of the defendants is evidence for them — and as such, shall be read to the jury : but it is not conclusive evidence- ; there is no positive proof of a marriage, but, there are circumstances which tend that way ; they have lived' together a long time as man and wife ; have had several children ; and she was as the witnesses say, a woman of good character before these transactions — whence it is presumable, she would-not have associated with the other defendant as she has done, unless there had been a marriage. I am of opinion, that upon such evidence, the jury may find a marriage. — And they did so»
Vide 3 Atk. 407. 1 E. C. A. 229, s. 13.
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3 N.C. 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fetts-v-foster-ncsuperct-1799.