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Lessee of Sarah I. Jewell and others, Plaintiffs in error, v. Benjamin Jewell and others, Defendants U.S. 219 (1843)

handle is hein.slavery/ussccases0329 and id is 1 raw text is: JANUARY P'ERM, 1843. LESSEE OF SARAH I. JEWELL AND OTHERS, PLAINTIFFS IN ERROR, V. BENJAMIN JEWELL AN4D OTHERS, DEFENDANTS. The declarations of a. deceased member of a family that the parents'of it never were married, are admissible in evidence whether his connection with that family was by blood or marriage. The acts and declarations of theparties being giren in evidence on both sides, on the question of marriage, an adyertisement announcing their separation and appearing in the principal commercial newspaper of the place of their residence immediately atter their sep;ration, is part of-the res gesta, and ad- missible. in evidence. Whether or not it was inserted by the party, and if it was, wlat-were his motives, are questions of fact for the. jury. If tt written contract between the parties be offered in evidence, the purport of which-is to show that. the parties lived together on another basis than mar- riage, and the opposite party either denies the authenticity of the paper or alleges that.it was obtained by fraud.; the question, whether there was a mar- riage or not, is still open to the jury upon the whole of the evidence. Upon the two questions, 1st. Whether, if before any sexual connection between. .the parties, they, in the_.,resence of her family and friends, agreed to marry, and did afterwards live together as man and wife, it was A legal marriage and the -tie indissoluble. even by mutual consent; and, 2d. Whether, :if the contract be 3nade per verbs de presenti, and remains without cohabitation, or it Inade per verba de futur, and be followed by consummation,t am ounts' to a valid marriage, which the parties (being competent as to age and.con. sent) cannot dissolve, and is as equally binding as if made in fade ecdesiea; the court can express no opinion,.being equally divided. THis case was brought up,-by writ uf Verrbr, from tle Circuit Court for the district of South Carolina.. The facts which were not denied were few; nearly all the evidence being of a contradictory -character. All this evidence was br6ught to the notice of this court, in the argument, in con- sequence of the refusal of the court below to. grant the third in- struction Prayed for by the plaintiffs, which instruction will bd stated, hereafter. The admitted facts were these: About the' year 1794 or 1795, Benjaimin. Jewell became ac- quainted with Sophie Prevost, a. young girl, who, With her family, had shortly before emigrated frim- the West Indies to Savannah. They lived together and continued to do so for many years. They resided but a short time in Savahnah, then removed -to Barnwell, iu South Carolina, and.- finally' to Charleston. During this time,

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