22 Tex. 479 | Tex. | 1858
The objection to the plaintiff’s evidence of title, that the mortgaged lands, included in the decree of foreclosure of the 25th of June, 1852, were not exhausted by
The ground mainly relied on for a reversal of the judgment, relates to the charge of the court, and the refusal of instructions concerning the effect of the marriage contract of the 3d of November, 1813.
It may be conceded, for the purposes of this case, (and the examination of the question is therefore unnecessary,) that the intei’pretation of the contract, claimed for the appellants, is correct, according to the law of the place where the contract was consummated; that is, that by the celebration of the marriage, under the contract, there was a separation of property of the spouses, and that Mr. Castro became indebted to his wife in the estimated value of her property; and it may be further conceded, that the contract furnished the rule of property, personal and real, as to all after acquisitions in the country of their matrimonial domicil; and as to movable property elsewhere,
In the absence of an express contract, it is not questioned that the marital rights of persons, married in other countries, who have removed and become domiciled here, are to be governed, as to all after acquisitions of property here, by the law of this State. Such is the law, by positive enactment. (Hart. Dig. Art. 2419.) But it is insisted, that the contract in question, from its date, became the law, and furnished the rule of property of the parties to it; adhering to, and following them into any country to which they might remove; that it accompanied them in their removal to this State, and here negatives and displaces the law of the State contravening its provisions. Is it correct to suppose that this contract has possessed the invincible force, and legal ubiquity, which is ascribed to it, while the evidence of it has remained in the original archive in Paris, until it became necessary to invoke its presence here, for the purposes •of this controversy?
The general rule, irrespective of the question of the effect of a change of domicil, is undoubted, that where there is an express nuptial contract, “if it speaks fully to the very point,” it will generally be admitted to govern all the property of the parties, not only in the matrimonial domicil, but in every other place, under the limitations and restrictions which apply to other cases of contracts, that they are not in contravention of the laws or policy of the country where they are sought to be enforced, or with the rights of its own citizens. “ It will act directly on “movable property, everywhere; but as to immovable pro
The learned commentator upon the Conflict of Laws, after reviewing the writings and ojDinions of foreign jurists upon the subject, commends the doctrines maintained by the court in Louisiana, as those which will most probably form the basis of American jurisprudence upon this subject. “They have,” he adds, “much to commend them, in their intrinsic convenience “ and equity; and they seem best to harmonize with the known “principles of the common law in other cases.” (Story’s Conflict of Laws, § 183.) The decisions of that learned court, upon this subject, are especially entitled to weight with us, for the further reason, that their former law, and their legislation upon this subject, have been the same as our own. (Hart. Dig. Art. 2419; Civil Code Revised, 2370; Saul v. His Creditors, 5 Mart. Rep. N. S. 569.)
The principles we have extracted from the text of Judge Story, and the cases from which he has deduced them, are decisive of the question we are considering, adversely to the doctrine contended for on behalf of the appellants, at least, as to
The court adopt the generally received opinion among jurists, that,the law of the matrimonial domicil governs the rights of married persons, where there is no express nuptial contract; because they are presumed to have had in view, and to have contracted marriage with reference to that law. But they do not consider this tacit contract a satisfactory ground for holding, with some foreign jurists, that it follows them wherever they go, especially where it is applied to property acquired after a change of domicil of the parties. The presumption, as to their agreement, cannot be extended, so as to give a greater effect to those laws than they really had. The extent of the tacit agreement depends on the extent of the law, and as that was limited by the jurisdiction of the power by which it was enacted, the tacit agreement of the parties must have a like limitation. “ In a word, “ the parties are presumed to have agreed that the law should “bind them, as far as that law extended, but no farther.” The tacit contract is to be construed, precisely as if the laws of the place were inserted in it. If the law of community existed in the State where the marriage took place, this law regulates the property which the parties acquire in that State, hut does not regulate that which they acquire in another country, to which they remove. The insertion of this law in a nuptial contract, would he nothing more than a declaration, that while residing within that State, there should be a community of acquests and gains. Such an agreement could not have the same force, as one which expressly declared there should he a
This was not the case of an express contract. But the reasoning would seem to lead to the conclusion, that where there is one, and it does not expressly provide, or the intention he not manifest, that it is to apply to and govern ail after acquired property, wherever the parties may reside, it will net he admitted to have that effect'upon such property as they acquire in the country to which they subsequently remove. However that might he, as to after acquired personal property, there cam he, it would seem, no doubt that such is the rule as to real property, situated in the country to which the removal takes place. The cases in Louisiana, in which this subject has been discussed, arose and were determined, upon a full examination of the whole doctrine, upon principle and authority, upon the law as it stood before the adoption of the revised Code, which contains substantially the same provision as our statute of the 20th of January, 1840. (Hart. Dig. Art. 2419; 5 Mart. Rep. N. S. pp. 573-4.) The Code is deemed indisputably to furnish the rule for all future cases in that State. (Ibid.) Hence, if the present case were before that learned court, it would doubtless be held, that the law of community existed between the parties to this contract, in respect to the property here in question.
It is to be observed, that in this contract, there is no stipulation that its provisions shall govern as to property thereafter acquired, in whatever country the parties may reside. There is no reference to property to be acquired in any other country, nor to the laws of any other country than that in which the marriage was contracted. But there is an express reference to the law of that country, and a declaration of intention to he governed by its provisions, with certain modifications therein expressed. The inference would seem to be, that the parties
The case of Le Breton v. Miles, 8 Paige’s Ch. Rep. 261, cited by counsel for the appellants, is not opposed to this view of the law. There the contract was made between natives of Prance, residing at the time in New York, but with express reference to the law of Prance, and to an intended residence there. The laws of Prance, in force at the time of the consummation of tbe marriage, therefore, very properly applied to and governed their rights of property under the contract.
Tbe case of Decouehe v. Savetier, 3 Johns. Ch. Rep. 190, also cited by counsel for the appellants, does not in tbe least militate against tbe view taken by tbe court in Louisiana. That was upon an express nuptial contract, which contained tbe following provision: “ That there shall be a community of property between them,” (tbe parties to tbe contract,) “according to tbe custom of Paris, which is to govern tbe disposition “of tbe property, though the parties should hereafter settle in “ countries where the laws and usages are different or contrary.” And tbe wife, in that case, did not accompany her husband, who abandoned her, and came to reside in New York, where be acquired a personal estate, which was disposed of by tbe court, according to tbe law and express terms of the contract. Here, as we have seen, tbe contract contains no similar stipulation or
It would he extremely difficult, we apprehend, upon the ground of this contract, to deny to Mrs. Castro her community rights and interest in the property acquired by her husband, since their removal to this State. Her claims, it is believed, could not he successfully resisted, upon any recognized principle in the law of this country, which may he invoked to determine the marital rights of persons, who have subjected themselves, and their rights, in the acquisition of property, to the influence of our laws. But whatever may be the rights of the parties to the contract, as between themselves and their representatives in the succession to their property, we think it clear, that the contract in question cannot have the effect to govern their rights in their real property, acquired and situate here, to the prejudice of the rights of other citizens, who have contracted, on the faith of the property, and without notice of a contract giving it a different status from that of other parties, or establishing a rule for its government, variant from the law of the land. If the contract he the law for the parties to it, in this State, it is not the law for other citizens of the State; and, until notice, cannot he invoked to the prejudice of their rights. (Hart. Dig. Art. 2414; Hall v. Harris, 11 Tex. Rep. 300; Young v. Templeton, 4 La. Ann. Rep. 254.) We conclude, therefore, that the legal presumption applies with its full force, that the property was community property, acquired with the funds of the community ; and that the conveyance to Mrs. Castro, or to her use, carried with it this legal presumption, which it devolved on her to repel, by clear and satisfactory proof, that it was purchased with her own individual money or means.
But it is not perceived that the ease would he materially different, whether the law of the State, or the contract, he deemed' to govern the rights of property of the parties. If the latter, it is conceded, that the doctrine of tacit mortgage cannot he invoked to aid the claims of the appellants. (Hall v. Harris, 11 Tex. Rep. 300.) And if the parties are to he deemed to he
In reference to the objection, that there is no evidence of a knowledge of the imputed intent, on the part of the beneficiaries, it will suffice to say that, from the relations of the parties, it is scarcely to be supposed that the circumstances and intentions of the grantor were not known to the beneficiary. The court did not err in refusing to give the instructions asked, respecting the consideration of the conveyances, in the terms in which they were propounded. The instruction given was sufficient upon that subject. Nor was there error in refusing the eighth and final instruction asked. The contract had been ad
We are of opinion that there is no error in the judgment, and it is affirmed.
Judgment affirmed.