Hornthal v. . Burwell
Supreme Court of North Carolina
The cause was heard upon complaint and demurrer, at Spring Term, 1891, of WASHINGTON Superior Court, Bryan, J., presiding.
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The cause was heard upon complaint and demurrer, at Spring Term, 1891, of WASHINGTON Superior Court, Bryan, J., presiding. The plaintiffs alleged— “1: That at the time of the execution of the deed of trust hereinafter named, one I. T. H. Moore was the owner, and had in his possession in Washington County, N. C., a large number of horses, mules, oxen, log-wagons, and other property. 2. That on the_day of_, 1888, the said Moore, being indebted to the plaintiffs in the sum of three thousand dollars, for the purpose of securing the same conveyed to the plaintiffs the said property by deed of…
1Opinion of the Court
Shepherd, J.:
The principle embodied in the maxim mobilia sequuntur personam is generally recognized in all civilized countries, and it follows as a natural consequence, says Story (Conflict Laws, 383), that “the laws of the owner’s domicile (or the lex loci contractus) should in all cases determine the validity of every transfer, alienaiion or disposition made by the owner, whether it be inter vivos or be post mor-tem.” The authority of such laws, however, is admitted in other States, not ex proprio vigore, but ex comitate, and, hence, it is now very generally held that when they “ clash with…
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