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Latest revision as of 09:14, 6 May 2021

In my notes on this case of Lunsford & same I shall endeavor to be brief and to the point and not consume the court's time in discussing collateral matters. In pursuance of such design I would respectfully refer to Kinney's case 30 Grattan 858 to 70. This case is directly in point and is in fact a decision of this one inasmuch as that case and the one under consideration are alike in every essential particular. From the depositions submitted it is quite fully proven that the same state of facts exist in this case which existed in that case in which the court of appeals decided that the marriage celebrated in Washington between a white person & a black one from Va was null & void. From the testimony of witnesses who have known N. D. Lunsford for fifteen years as well as from his own statement under oath he was at the time of marriage a domiciled citizen of Virginia and has never been domiciled elsewhere. Within two weeks after the marriage they returned to Va and lived