(after stating the case). While negro slavery prevailed in this State, the laws regulating the descent of estates of inheritance did not apply to slaves. There were no marriages among them recognized by law, and they could neither own nor inherit property. After they were emancipated — became freedmen — it was practically impossible to trace their relationships by blood while they were slaves, with any tolerable degree of' certainty. The confused condition of their family ties and relationships, and their circumstances as slaves, rendered it necessary to prescribe by statute who should be the heir at law, and from whom he might inherit. As to slaves living together as man and wife before they were freed, and children of them bom be*33fore that time, hence the statute (The Code, §1281), which provides that “ The children of colored parents, born at any time before the first day of January, one thousand eight hundred and sixty-eight, of'persons living together as man and wife, are hereby declared legitimate children of such parents, or either one of them, with all the rights of heirs at law and next of kin with respect to the estate or estates of any such parents, or either one of them.”
It will be observed, that this provision does not extend beyond parents and children, and the estates of such parents, and particularly for the present purpose,'that it does not provide that persons so born before the time specified, can inherit from collateral kindred, such as uncles and aunts.
Now, the ancestor of the plaintiff died in 1860, and they were born prior to that time, and all were slaves. They could not at .the father’s death, nor while they were slaves, inherit from him or any person, and there is no statute that enables them to inherit from their deceased aunt, who was a-slave. They had no such legal status in connection with Clara McKoy as their aunt as enabled them to inherit from her in the absence of statutory provision.
The Court therefore erred in holding that the plaintiffs were tenants in common with the defendant of the land mentioned. The judgment must be reversed, and the proceeding dismissed.
Reversed.