Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

CLARK v. TARBELL.

A mortgage of chattels located in this state, though executed according to all the requisitions of the law of the domicil of the owner in another state, will be invalid as against attaching creditors Citizens of this states unless it conform to our own laws.

FOSTER J.

Every state has entire jurisdiction over all property, personal as well as real, within its own territorial limits, and the laws of the state regulate and control its sale and transfer, and all rights which may be affected thereby. Consequently, a mortgage of chattels situated in this state, though made and executed according to all the requisitions and formalities of the law of the owner's domicil, will be invalid as against attaching creditors, citizens of this state, unless it conform to the requirements of our own laws. Story Confl. of Laws, ss. 385-394. If a foreigner or citizen of another state send his property within a jurisdiction different from that where he resides, he impliedly submits it to the rules and regulations in force in the country where he places it. What the law protects, it has the right to regulate. And if two persons in another state choose to bargain concerning property which one of them has in a chattel not within the jurisdiction of the place, they cannot expect that the rights of persons in the country where the chattel is will be permitted to be affected by their contract. Olivier v. Townes, 7 Martin (La.) 93; Lanfear v. Sumner, 17 Mass. 110; 2 Kent Com. *458, and notes; 2 Hilliard Mort. 259; Williams on Pers. Prop. 48 a.; Offutt v. Flagg, 10 N.H. 46; Smith v. Moore, 11 N.H. 55; Ferguson v. Clifford, 37 N.H. 97.

Judgment on the verdict.

BINGHAM, J., did not sit.

Use AI to get other relevant cases.

Comments

CLARK v. TARBELL
(Mar 1, 1877)