The law of the jurisdiction where real property is located governs the acquisition or loss of title to that land.
The United States seeks to recover possession of land in Maine based on a deed executed in the West Indies without a seal. Although the instrument complied with the local laws of the colony where it was executed, the deed failed to meet the specific requirements of Massachusetts law regarding seals and acknowledgments. The court considers whether the law of the place where a contract is made or the law of the place where the land is situated governs the disposal of real property. The court holds that title to land can only be acquired or lost according to the laws of the jurisdiction where the land is located.
7 Cranch at 116 cited at this page3 citing cases
- Upper Skagit Tribe v. Lundgren, 584 U.S. 554 (2018).publishedSince 1812, this Court has “enter- tain[ed] no doubt” that “the title to land can be acquired and lost only in the manner prescribed by the law of the place where such land is situate[d].” United States v. Crosby, 7 Cranch 115, 116 (1812)…
- Brine v. Ins. Co., 96 U.S. 627 (1878).published
- Munday v. Wisconsin Trust Co., 252 U.S. 499 (1920).published
At page 116 “the title to land can be acquired and lost only in the manner prescribed by the law of the place where such land is situated.”1 citing case
- In Re the Tax Appeal of Grayco Land Escrow, Ltd., 559 P.2d 264 (Haw. 1977).publishedMunday v. Wisconsin Trust Co., 252 U.S. 499 (1920); United States v. Crosby, 11 U.S. (7 Cranch) 115, 116 (1812); see County of Kauai v. Holt, 17 Haw. 146 (1905); see also Hilo Sugar Co. v. Minister of Finance, 7 Haw. 665 *451 (1889) and Ca…
3 L. Ed. at 417 cited at this page1 citing case
- In Re Richard D. Greene & Donna J. Greene, Husband & Wife, Debtors, Ross Richardson, Chapter 7, Tr.-Appellee v. Mt. Adams Furniture, 980 F.2d 590 (9th Cir. 1992).publishedId. at 417, 99 S.Ct. at 1186 .
Other citing cases
- Franchise Tax Bd. of Cal. v. Hyatt, 587 U.S. 230 (2019).published
- Mobil Cerro Negro, Ltd. v. Bolivarian Repub. of Venezuela, 863 F.3d 96 (2d Cir. 2017).published
- Jacob Sampson v. Fed. Repub. of Germany & Claims Conf., Article 2 Fund, 250 F.3d 1145 (7th Cir. 2001).published
- Dahya v. Second Jud. Dist. Court ex rel. Cnty. of Washoe, 19 P.3d 239 (Nev. 2001).published
- Robinson v. Campbell, 16 U.S. 212 (1818).published
- Robinson v. Campbell, 16 U.S. 100 (1818).published
- Keesecker v. Bird, 490 S.E.2d 754 (W. Va. 1997).published
- In Re Parkwood, Inc. Am. Sec. & Trust Co., Tr. in Reorganization of Parkwood, Inc. v. Equitable Life Ins. Co. In Re Parkwood, Inc. Am. Sec. & Trust Co., Tr. in Reorganization of Parkwood, Inc. v. Mfrs. Life Ins. Co. In Re Adams Props., Inc. Am. Sec. & Trust Co., Tr. in Reorganization of Adams Props., Inc. v. Hartford Life Ins. Co, 461 F.2d 158 (D.C. Cir. 1972).published
- Am. Sec. & Trust Co. v. Equitable Life Ins., 461 F.2d 158 (D.C. Cir. 1971).published
v.
Jonah Crosby
THIS case is fully stated in the following opinión,of this Court, which was delivered by
Story, Justice, on the 24th of February, judges being present. all ■ . the
A writ of intrusion ivas brought by the United. States against the Defendant in error to recover pos'sesbion of an undivided part of certain land lying, within' the district of Maine. Upon the trial of the cause in the district Court of that district, a special verdict was found by the jury, upon which the same Court gave judgment in favor of the Defendant in error. This judgment wps afterwards affirmed in the Circuit Court of Massachusetts, and is now before the Supreme Court for a final decision.
By the special verdict it appears that the claim of the United States tó the. land in controversy is under on*[*116] Nathaniel Dowse, who derived his title, if any, from an instrument stated at large'in the same verdict, and executed in His favor by one John Nelson. The instrnment is 'without a seal and was executed at the Island of Grenada» in the West Indies, before a notary public, according to the mode prescribed, by the existing laws, to pass real estate in that colony — and both parties were, at that time residents therein.
By the laws of Massachusetts, no estate of freehold in land can be conveyed unless by a deed or conveyance under the hand and seal of the party — nod to perfect the title as against strangers, it is further requisite that the deed should be acknowledged before a proper magistrate, and recorded in the registry of deeds for the county where the land lies.
The question presented for consideration, is whether the lex loci contractus or the lex led. rei sitae is to govern in the disposal of real estates.
'The; Court entertain no doubt on the subject; and are clearly of opinion that the title to land can be acquired and lost only in the manner prescribed by the law of the place where such land is situate. The judgment of the Circuit Court must, therefore, he affirmed,.