Conner v. Elliott

Citations

• 79 Fla. 513

Syllabus

<p>1. A mortgage, properly executed by husband and wife, conveying the wife’s separate statutory real estate as security for the husband’s debt, is valid in this State.</p> <p>2. So far as real estate or immovable property is concerned, the laws of the State where it is situated furnish the rules which govern its descent, alienation and transfer, the construction, validity and effect of conveyances thereof, and the capacity of the parties- to such- contracts or conveyances, as well as their rights under the same.</p> <p>3. Although by the laws of the State of a married woman’s domicile she has no capacity to execute a mortgage upon her separate estate as security for the debt of her husband, yet if she in that State executes a mortgage of that character upon real estate in another State, whose laws permit a married woman to mortgage her real property to secure a debt, the mortgage will in the latter State be held valid and enforceable by appropriate proceedings. In this case a confirmatory deed of mortgage was executed in Florida by the married woman and her husband.</p> <p>4. Tlie validity and interpretation of personal obligations executed and to be performed in one State will be governed by the laws of that State when sought to be enforced in the courts of another State.</p> <p>5. “The lex loci rei sitae determines the validity of mortgages of real estate.”</p> <p>6. “The lex loci contractus determines the validity of promissory notes.”</p> <p>7. “The validity of a mortgage of real estate and its construction and effect are controlled by the law of the State where the mortgaged property is situated, although the mortgage is executed and the parties reside in another State.”</p>