Cabalan v. Monroe, Smaltz & Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Charles Turner. The original bill in this case was filed on the 21th November, 1876, by Mrs. Catherine Cahalan, the wife of Michael Cahalan, against her said husband, George H. McLaughlin, and the several partners composing the firm of Monroe, Smaltz & Co.; and sought to establish and enforce a trust on certain lots in Birmingham, on the ground that the complainant’s moneys were used by her husband in paying…
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Charles Turner. The original bill in this case was filed on the 21th November, 1876, by Mrs. Catherine Cahalan, the wife of Michael Cahalan, against her said husband, George H. McLaughlin, and the several partners composing the firm of Monroe, Smaltz & Co.; and sought to establish and enforce a trust on certain lots in Birmingham, on the ground that the complainant’s moneys were used by her husband in paying the purchase-m'oney and erecting the improvements; also, to cancel a mortgage on the property, which the complainant and…
1Opinion of the CourtSomeryille, J.
In the absence of evidence to the contrary, the principles of the common law will be presumed to have prevailed in the State of South Carolina at the time of appellant’s marriage with her present husband, which occurred in August, 1859.—Brick. Dig. 349, § 9.
And the domicile of both parties being then in that State, the rights of the husband to property there acquired and owned by the wife are to bo ascertained and governed by such common-law principles.—Whart. Confl. Laws, § 297; Lichenberger v. Graham, 50 Ind. 288.
By the common law, marriage operated as a gift to the husband of all personal…
2Cases cited8 opinions
- Savage v. BenhamSupreme Court of Alabama · 1849
- Castleman v. JeffriesSupreme Court of Alabama · 1877
- Helmetag v. FrankSupreme Court of Alabama · 1878
- Lichtenberger v. GrahamIndiana Supreme Court · 1875
- McAnally v. O'Neal & O'NealSupreme Court of Alabama · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wortham v. GurleySupreme Court of Alabama · 1883
- Vincent v. StateSupreme Court of Alabama · 1883
- Carter v. Worthington & SmithSupreme Court of Alabama · 1886
- Gluck v. CoxSupreme Court of Alabama · 1883
- Mueller v. MuellerSupreme Court of Alabama · 1899
5 more not listed; retrieve them via the Exa API.