Telts v. Foster

Superior Court of North Carolina

Telts v. Foster

1 N.C. 121

DecidedApril 15, 1799

StatusPublished

This text of 1 N.C. 121 (Telts 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.

Bluebook

Telts v. Foster, 1 N.C. 121 (N.C. Ct. App. 1799).

Pincite

Opinion

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.

Verdict accordingly.

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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.

Verdict accordingly.

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Bluebook (online)

1 N.C. 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/telts-v-foster-ncsuperct-1799.