Vaughan v. Borland

FOSTER, Justice.

In the absence of evidence to the contrary, possession of property raises a rebuttable presumption of ownership, but we do not suppose there is any question but that the presumption obtains when property is jointly possessed by persons other than members of the same family.

At common law,- the personalty of the wife became vested in the husband. Under section 6, article 10, Constitution of 1875, she was given a right to certain separate property, which by the Act of February 28, 1887 (section 2341', Code of 1886), was not subject to his debts, and her title to property and…