Birmingham Water Works Co. v. Hume
Supreme Court of Alabama
Appeal from tbe Chancery Court of Birmingham. Heard before the Hon. Thos. Cobbs. On the 27th day of February, 1895, the Birmingham Water Works Company issued a certificate of stock to Mrs. B. C. Johnson, who was at the time the wife of J. T. Johnson, and lived with her husband in Tennessee. Mrs. Johnson indorsed the certificate by signing an. indorsement printed on the back of it, to the effect that she bargained, sold and assigned the said stock.
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Appeal from tbe Chancery Court of Birmingham. Heard before the Hon. Thos. Cobbs. On the 27th day of February, 1895, the Birmingham Water Works Company issued a certificate of stock to Mrs. B. C. Johnson, who was at the time the wife of J. T. Johnson, and lived with her husband in Tennessee. Mrs. Johnson indorsed the certificate by signing an. indorsement printed on the back of it, to the effect that she bargained, sold and assigned the said stock. The name of the transferee was not inserted. She gave the certificate thns assigned to her husband. The husband for a valuable consideration being…
1Opinion of the CourtSharpe, J.
— As between the husband and the wife their rights in personal property coming to the wife attach under and are governed by the law of the place where they are domiciled at the time the property is received,—McAnally v. O’Neal, 56 Ala. 299; Gluck v. Cox, 75 Ala. 310; 3 Am. & Eng: Ency. Law, 575. The rule-is established here that when the contrary is not shown, it will be presumed that the common law prevails in States which are judicially known to be of common origin with this State.—Inge v. Murphy, 10 Ala. 885; Connor v. Trawick’s Admr., 37 Ala. 289; Bradley v. Harden, Admr., 73 Ala. 70; 1…
2Cases cited9 opinions
- Cummings v. CummingsMassachusetts Supreme Judicial Court · 1888
- Inge v. MurphySupreme Court of Alabama · 1846
- Schuyler v. HoyleNew York Court of Chancery · 1821
- Gluck v. CoxSupreme Court of Alabama · 1883
- Bradley v. HardenSupreme Court of Alabama · 1882
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3Cited by5 opinions
- Shilkret v. HelveringCourt of Appeals for the D.C. Circuit · 1943
- Noble v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1943
- Bank of Tupelo v. ThompsonSupreme Court of Alabama · 1914
- Johnson v. HumeSupreme Court of Alabama · 1903
- WestUnited States Court of Claims · 1978