Newcomer v. Orem
Court of Appeals of Maryland
Appeal from Talbot county court. This was an action of assumpsit instituted on the 16th of May 1846, by the appellee against the appellant. The declaration contained the usual indebitatus assumpsit and the common money counts. The defendant pleaded non assumpsit, and the case was submitted to the court below on a statement of facts in substance as follows.
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Appeal from Talbot county court. This was an action of assumpsit instituted on the 16th of May 1846, by the appellee against the appellant. The declaration contained the usual indebitatus assumpsit and the common money counts. The defendant pleaded non assumpsit, and the case was submitted to the court below on a statement of facts in substance as follows. William Blunt of the State of Louisiana died in June 1833, leaving a large real and personal estate, also a last will and testament, dated the 28th of January 1833, by which he directed that after all his debts were paid his executors…
1Opinion of the CourtTuck, J.
It is a material fact in this cause, that the appellee and his wife were married, and always resided in Maryland, as his rights, in a great degree,-depend on the law of their domicil. A statement of the principles applicable to such questions, will *305serve to guide us ia tracing and defining the interest of Mrs. Orem in William Blunt’s estate, down to the commencement of this suit. “Where there is no express marriage contract, the law of the matrimonial domicil will govern, as to all the rights of the parties to their present property in that place, and as to all personal property every where,…
2Cases cited2 opinions
- Dixon v. Dixon's ExecutorsSupreme Court of Louisiana · 1832
- Hicks v. PopeSupreme Court of Louisiana · 1835
3Cited by8 opinions
- Hoffman Chevrolet, Inc. v. Washington County National Savings BankCourt of Appeals of Maryland · 1983
- Coe v. HaysCourt of Appeals of Maryland · 1992
- Lowndes v. CoochCourt of Appeals of Maryland · 1898
- Cook v. Estate of ToddSupreme Court of Iowa · 1958
- Hoffman Chev. v. Wash. Co. Nat'l Sav.Court of Appeals of Maryland · 1983
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