Cressey v. Tatom

Citations

• 9 Or. 541

Syllabus

<p>Marriage — Effect at Common Law.</p> <p>At common law the giving of q woman in marriage operated as a gift of all her personal estate, actually or constructively in her possession, and of all personal estate which might be thereafter acquired by her during coverture, or reduced into her possession or that of her husband, unless protected by a settlement to her sole and separate use.</p> <p>Jurisprudence — Source of.</p> <p>The common law is the source of jurisprudence of those states which were originally colonies of England, and also of those states which have been established in the territories, the government of which was formed by emigration from the original states.</p> <p>Presumption as to Common Law.</p> <p>The rule is well established that the courts will presume that the common law prevails in other states, except so far as it is shown to be changed or repealed by statute. The courts cannot take judicial notice of the statutes of the different states which have changed the common law, but will presume that the common law is in force until this presumption is rebutted by proof.</p>