Note 1340 — Chapter XVI · A CENTURY AND A QUARTER OF MARRIAGE LEGISLATION IN THE UNITED STATES, 1776-1903

In North Carolina marriages are void when either person is "incapable of contracting from want of will or understanding": Code (1883), I, 688, 689; in South Carolina they are void or voidable when lacking consent of either party or for "any other cause going to show that at the time said supposed contract was made it was not a contract," provided not consummated by cohabitation: Rev. Stat. (1894), I, 752.