Depas v. Mayo
Supreme Court of Missouri
APPEAL from St. Lcuis Circuit Court. 1. It is conceded, that the matrimonial domicil of the parties was New Orleans, they having mutually intended and agreed to fix their residence there. But a change took place, and St. Louis afterwards became their actual domicil. The rules which have been established in such cases, are as follows: The matrimonial domicil, governs as to all acquisition previous to the removal.
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APPEAL from St. Lcuis Circuit Court. 1. It is conceded, that the matrimonial domicil of the parties was New Orleans, they having mutually intended and agreed to fix their residence there. But a change took place, and St. Louis afterwards became their actual domicil. The rules which have been established in such cases, are as follows: The matrimonial domicil, governs as to all acquisition previous to the removal. But where there is a change of domicil, the law of the actual domicil will prevail, as to all future acquisitions of movable property. And, as to realty, the law of the place where it…
1Opinion of the CourtNapton, J.
This was a proceeding in chancery by Mayo & wife against Depas, to enable them to get'the benefit of an alleged equitable interest in a lot of ground in the city of St. Louis. The facts stated in the bill are substantially as follows:
Sarah S. Essex, (now Mrs. Mayo) originally resided in Philadelphia, where she was married to Isaac Depas of New Orleans. At the time of the marriage, it was the design of the parties to make New Orleans their place of residence, and they accordingly proceeded to that city immediately after their marriage, and continued to reside there for several years. Both…
2Cited by19 opinions
- Tomaier v. TomaierCalifornia Supreme Court · 1944
- Rozan v. RozanCalifornia Supreme Court · 1957
- Fox v. WebsterSupreme Court of Missouri · 1870
- Johnson v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1937
- Quintana v. OrdonoDistrict Court of Appeal of Florida · 1967
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