8 Ala. 48 | Ala. | 1845
Previous to entering upon the consideration of the questions raised, by the refusal to give thq
These, the learned author says, Christianity is understood to prohibit, and therefore no Christian country would recognize polygamous, or incestuous marriages. Lord Brougham, in Warrender v. Warrender, (cited in a note to § 114, 9 Bligh. 112,) says, “it is important to observe, that we regard it, (mar
The validity of the marriage may possibly have been denied upon the impression, that having been contracted within the territorial limits of the State, it cannot be affected by Choctaw .usages or customs, though both parties were of that tribe, and resident within its bounds.
For that error, in refusing thus to charge, the judgment must be reversed, and the cause remanded.
Judgment reversed and remanded.
[Note. — This cause was decided at June Term, 1844, and should have been published in the 6th or 7th volume of Reports.]