Ellington v. Harris
Supreme Court of Georgia
Claim. Before Judge Gober. Cherokee superior court. December 30, 1905. J. P. Ellington, as administrator of T. R. Ellington, advertised certain land for sale as the property of his intestate. Mrs. Nannie Harris interposed a claim to an undivided half interest in the land. At the trial it appeared that the intestate died in possession of the land, and that the legal title to the same was in him.
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Claim. Before Judge Gober. Cherokee superior court. December 30, 1905. J. P. Ellington, as administrator of T. R. Ellington, advertised certain land for sale as the property of his intestate. Mrs. Nannie Harris interposed a claim to an undivided half interest in the land. At the trial it appeared that the intestate died in possession of the land, and that the legal title to the same was in him. The evidence relied on by the claimant consisted of admissions made by the intestate, during his lifetime, that the land was purchased with money belonging to the wife; that during her lifetime he held…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) There was no evidence as to what was the law of South Carolina. The presumption is that the common law prevailed at the time of the marriage of the intestate. Mass. Life Asso. v. Robinson, 104 Ga. 276; Thomas v. Clarkson, 125 Ga. 78. The common law, as to the effect of marriage upon personal chattels of the wife, was thus stated by Judge Nisbet, in Bell v. Bell, 1 Ga. 640: tfAt common law, marriage amounts to an absolute gift to the husband of all the goods, personal chattels and personal estate, of which the wife is actually or beneficially possessed at that time…
2Cases cited4 opinions
- Massachusetts Benefit Life Ass'n v. RobinsonSupreme Court of Georgia · 1898
- Thomas v. ClarksonSupreme Court of Georgia · 1906
- Smith v. WilliamsSupreme Court of Georgia · 1892
- Bell v. Bell ex rel. BuggSupreme Court of Georgia · 1846
3Cited by8 opinions
- Gunn v. Wilson Co.Court of Appeals of Georgia · 1917
- Folsom v. Continental Adjustment Corp.Court of Appeals of Georgia · 1934
- Gaffe v. WilliamsSupreme Court of Georgia · 1942
- Jones v. JonesSupreme Court of Alabama · 1974
- Bank of Eton v. OwensSupreme Court of Georgia · 1917
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