Eyre v. Storer
Supreme Court of New Hampshire
Writ or Entry, to recover an undivided balf of certain premises, situate in Portsmouth, in this county, particularly described in the plaintiff’s writ.
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Writ or Entry, to recover an undivided balf of certain premises, situate in Portsmouth, in this county, particularly described in the plaintiff’s writ. The parties agreed, that on the twenty-seventh day of June, A. D. 1832, Benjamin L. Lear, Esquire, counsellorat-law, then and for a long time before and until the time of his death domiciled in the City of Washington, in the District of Columbia, was seized of one undivided half of the demanded premises, and the defendants, Mary L. Storer and George W. Storer, were and are seized of the other half; that in and by his last will and testament,…
1Opinion of the CourtEowlek, J.
The general principle of the common law is, that the right and disposition of movables is to be governed by the law of the domicil of the owner, and not by the law of their local situation; while the laws of the’ place where real property is situate exclusively govern in respect to the rights of the parties, the modes of transfer, and the solemnities which should accompany them. The title, therefore, to real property can be acquired, passed and lost, only according to the lex rei sitae. Story’s Conflict of Laws, secs. 376, 424, and authorities.
The validity of every disposition of real estate…
2Cases cited4 opinions
- McCormick v. SullivantSupreme Court of the United States · 1825
- Chapman v. RobertsonNew York Court of Chancery · 1837
- United States v. CrosbySupreme Court of the United States · 1812
- Carnochan v. ChristieSupreme Court of the United States · 1826
3Cited by5 opinions
- In re Estate of RubertSupreme Court of New Hampshire · 1994
- Eng Khabbaz Ex Rel. Eng v. Commissioner, Social Security AdministrationSupreme Court of New Hampshire · 2007
- Eng Khabbaz Ex Rel. Eng v. Commissioner, Social Security AdministrationSupreme Court of New Hampshire · 2007
- In re Estate of Marie G. DowSupreme Court of New Hampshire · 2021
- In re Estate of Marie G. DowSupreme Court of New Hampshire · 2021