Tinkler v. Cox

Citations

• 68 Ill. 119

Syllabus

<p>1. Mabbied women—right to property purchased in another State and brought here. Where a horse was purchased by a married woman in 1867, in the State of Indiana, where she and her husband then resided, and after their removal to this State, the husband sold the same: Held, in an action of replevin by the wife against the purchaser, that in the absence of proof to the contrary, it would be presumed that the common law was in force in Indiana at the time of her purchase, and that the title to the same was vested absolutely in the husband, and, being so vested, no act of our Legislature could divest his title, and therefore the wife could not recover.</p> <p>2. Laws oe otheb States—presumption in respect to. The courts of this State will not take judicial notice of the statutes of other States changing the common law, and, in the absence of proof to the contrary, will presume that the common law is in force in such States.</p>