Fetts v. Foster, 3 N.C. 102, 2 Hayw. 102 (1799)

April 1799 · North Carolina Superior Court

3 N.C. 102, 2 Hayw. 102

Fetts and Wife vs. Mary Foster and William Thomas.

T^HE plaintiffs were entitled by the will of Foster, deceased, to a considerable part of the property he left, upon the marriage of the defendant, Mary. The bill stated that she was married to the other defendant, which they in their answer denied.

Moore, Judge

-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.