A Selection of Cases on the Conflict of Laws, Volume 2Harvard Law review publishing association, 1901 |
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Page 23
... mortgage executed in Darke County , by a utg we Ohio , on land situate in this State . The appellee , Melissa Hufnagle , mad to answered that she was a married woman , and that the mortgage was Corey lands executed by her as the surety ...
... mortgage executed in Darke County , by a utg we Ohio , on land situate in this State . The appellee , Melissa Hufnagle , mad to answered that she was a married woman , and that the mortgage was Corey lands executed by her as the surety ...
Page 24
... mortgage , but the statute of Ohio is not set forth . The trial court did right in adjudging the reply bad . The validity of the mortgage of real property is to be determined by the law of the place where the property is situated . Mr ...
... mortgage , but the statute of Ohio is not set forth . The trial court did right in adjudging the reply bad . The validity of the mortgage of real property is to be determined by the law of the place where the property is situated . Mr ...
Page 25
... mortgage , within a foreign jurisdiction , where the age of majority is fixed at twenty - one years , upon real estate situate in Ohio , held : That such mortgage is not invalid for want of capacity on her part to contract ; the ...
... mortgage , within a foreign jurisdiction , where the age of majority is fixed at twenty - one years , upon real estate situate in Ohio , held : That such mortgage is not invalid for want of capacity on her part to contract ; the ...
Page 33
... mortgage on her land situated in France , the judgment made a proper application of the French laws which govern this obligation.2 In this case I. I av austrai menas with consunt ww lour To we low governs , couts art and thus dusands of ...
... mortgage on her land situated in France , the judgment made a proper application of the French laws which govern this obligation.2 In this case I. I av austrai menas with consunt ww lour To we low governs , couts art and thus dusands of ...
Page 128
... mortgage of real estate ; and there is no doubt that by our law the validity , as well as the form , of any instrument of transfer of real estate , whether a deed or a will , is to be determined by the lex rei sita . Goddard v . Sawyer ...
... mortgage of real estate ; and there is no doubt that by our law the validity , as well as the form , of any instrument of transfer of real estate , whether a deed or a will , is to be determined by the lex rei sita . Goddard v . Sawyer ...
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Common terms and phrases
acceptance according action adopted agent agreement alleged appeal applied authority Bank bill of exchange binding bond certificate citizens Civil claim Clunet Code Conflict of Laws contract creditors death debt deceased decision declared decree defendant delivered determined discharge divorce domicil effect enforced England English law entitled evidence executed fact foreign law French law given governed held husband Illinois indorsement intention interest intestate John Bland judgment jurisdiction jury Justice land law of England law of France lex fori lex loci contractus lex loci solutionis liability Lord Louisiana marriage married Massachusetts ment mortgage nations obligation opinion paid parties payable payment Pennsylvania personal property place of performance plaintiff plaintiff in error present principle probate provisions question Railroad recognized recover reference Reported resident rule Scotland ship statute stipulations suit SUPREME COURT testator tion tract transaction usury valid void wife York
Popular passages
Page 341 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Page 442 - But where the contract is. either expressly or tacitly, to be performed in any other place, there the general rule is in conformity to the presumed intention of the parties that the contract, as to its validity, nature, obligation, and interpretation, is to be governed by the law of the place of performance.
Page 512 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 465 - says Lord Mansfield, ' established ex comitate et jure gentium is that the place where the contract is made, and not where the action is brought, is to be considered in expounding and enforcing the contract. But this rule admits of an exception where the parties at the time of making the contract had a view to a different kingdom.
Page 512 - Kingdom. (2.) Subject to the provisions of this Act, the interpretation of the drawing, indorsement, acceptance, or acceptance supra protest of a bill, is determined by the law of the place where such contract is made. Provided that where an inland bill is indorsed in a foreign country the indorsement shall as regards the payer be interpreted according to the law of the United Kingdom.
Page 171 - A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.
Page 46 - That the petitions for the abolition of Slavery in the District of Columbia and the Territories of the United States...
Page 282 - Any estate, right, or interest in lands acquired by the testator after the making of his will, passes thereby and in like manner as if title thereto was vested in him at the time of making the will, unless the contrary manifestly appears by the will to have been the intention of the testator.
Page 135 - The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such ; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption.
Page 2 - The true foundation on which the administration of international law must rest is that the rules which are to govern are those which arise from mutual interest and utility, from a sense of the inconveniences which would result from a contrary doctrine, and from a sort of moral necessity to do justice in order that justice may be done to us in return.