19 Ala. 590 | Ala. | 1851
The slaves in controversy belonged to the wife of the claimant before their intermarriage; they re- ■ sided in Texas at the time of the marriage, and the wife had the slaves in .her possession; they afterwards removed to Alabama,bringing the slaves with them; the husband being in possession of the slaves,.they were levied on in this State, to satisfy a debt owing by" him.. It was also shown, that by the laws of Texas the husband acquired no title to the property of-the wife, in con- • sequence of his marriage, but that she retained it to herself as Ivor separate property.- Upon these' facts, the question arises,.. whether the slaves are liable to the debts of the husband.
We do not deem it necessary to enter into the discussion of the intricate question between real and personal statutes, nor the influence the act of the Legislature of Texas would have on the rights of the husband, if it be considered in the one light or the other.. For,-in our opinion,-without regard to the character of that statute, (that is, whether it be considered as a real or personal statute,) the plain an&; simple rule is this, the lex loa. contractus must govern, ..not only as to the validity of the marriage itself, but also in-.ascertaining the rights which each party takes in the property of the other and which cither owned at the time of the marriage. - But if they remove to another country or State,-and there acquire property, the rights of each to-such property, acquired after the removal, must he governed by the laws of their newly acquired home. Thus, if parties are married in a country where the common law prevails, the husband by virtue of the marriage acquires title to all the personal property of the wife which she had in possession at the time of the marriage, and their subsequent removal to a country where the';
The other questions growing out of the assignment of errors, ~ wo have examined, and deem it sufficient to say we can perceive no error in-the record, and the judgment must be affirmed.