Heckert v. Hile's Adm'r
Heckert v. Hile's Adm'r
Opinion of the Court
delivered the opinion of the court.
But it is contended by the counsel for the appellants that a recent case in this court has substantially overruled Stones v. Keeling, and they cite Greenhow v. James’ ex’or, 80 Va., 636; but we do not so regard it. That was the case of the illegitimate children of a white person by a negro, who left the State, and were married abroad. The distinction is sufficiently drawn in the opinion in that case; and in the case of Stones v. Keeling, supra, Judge Roane, who delivered one of the opinions in that case, does the same on page 148, saying: “ The law concerning marriages is to be construed and understood in relation to those persons only to whom that law relates, and not to a class of persons cl earl} not within the idea of the legislature when contemplating the subject of marriage and legiti
Decree aeeirmed.
Reference
- Cited By
- 15 cases
- Status
- Published
- Syllabus
- 1. Legitimacy — Invalid marriage — Case at bar. — Wife leaves her husband and goes to another State. He marries again, and has children born of 'the second marriage before the first is dissolved; held, those children are legitimate. Code, \\ 2554. 2. Idem — Cases compared.■ — The case of Oreenhow v. James, 80 Ya., 636'; held, not to overrule Stones v. Keeling, 5 Call, 143.