Keyser v. Pilgrim

Citations

• 25 Tex. 217

Syllabus

<p>Whore parties married in Tennessee, without any proof of an intention to remove to Kentucky, and, after the marriage, personal property descended to the wife by the death of her father, who was then domiciliated in Tennessee, which property she received after they removed to Kentucky, the marital rights of the parties are governed by the laws of Tennessee, and not by the laws of Kentucky.</p> <p>If, by the laws of Tennessee, (about which there was no proof,) the negro was cast, by descent, upon the wife, then the removal of the spouses to Kentucky, and the sale of the negro there, would not divest the wife of her right.</p> <p>The whole evidence, taken together, shows that the plaintiff in the execution was entitled to the verdict and judgment; but the court will not, in the exercise of strictly appellate jurisdiction, affirm a judgment in a case in which the jury acted under a clearly erroneous instruction.</p> <p>[For the law of marital rights, as to marriages contracted in other countries, see Paschal’s Anno. Dig., Art. 4639, Note 1046, pp. 774 and 775.—Rep.]</p>