Legal Opinion · Dissent

Vaughan v. Borland

Supreme Court of Alabama

Decided June 24, 1937No. 4 Div. 947Published

1DissentGardner, Justice

The rule seems to be uniformly established (cases noted in 22 Corpus Juris 127 and 30 Corpus Juris 835) that where property is in the joint possession of husband and wife, with no evidence from which a reasonable inference may be drawn that it belongs either to the one or the other, the presumption is in favor -of the ownership in the husband. No authority to the contrary is called to our attention. The chancellor followed this rule, and being one so uniformly recognized, it should not now be lightly ignored.

This cause was originally assigned to the writer, and the opinion prepared met with…

2Cases cited9 opinions

  1. Young Women's Christian Home v. FrenchSupreme Court of the United States · 1903
  2. Spafford v. SpaffordSupreme Court of Alabama · 1917
  3. Patterson v. KickerSupreme Court of Alabama · 1882
  4. Wortham v. GurleySupreme Court of Alabama · 1883
  5. Ponder v. Morris & Bros.Supreme Court of Alabama · 1907

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