Bonds v. Foster

While living in Louisiana, A.H. Foster, a White man, owned Leah Foster (plaintiff), a Black woman, as a slave. A.H. treated Leah as his wife, but Louisiana had an anti-miscegenation statute that prohibited interracial marriages. A.H. moved Leah and her children to Ohio, where interracial marriages were legal. There, A.H. emancipated Leah and her children, and they all lived together as a family for four years. The family then moved to Texas, where interracial marriages were illegal, living as a couple and having additional children together. A.H. died in 1867. A.H.’s will left most of his property to Leah and included a clause that she would forfeit this property if she married someone else. However, A.H. had died with extensive debts. The executor of Foster’s estate, B.G. Bonds (defendant), sold A.H.’s house and assets to pay the debts, which left nothing for Leah. Leah sued the executor and the purchasers (defendants) in Texas state court, claiming that she was A.H.’s wife. If Leah was A.H.’s legal spouse, his house and assets would be considered homestead property that could not be used to pay debts and would instead go to Leah and the couple’s children. The trial court ruled that Leah was A.H.’s wife and therefore was entitled to receive his property. The executor and the purchasers appealed to the Texas Supreme Court.