Fishburne v. Kunhardt

Citations

• 29 S.C.L. 556

Syllabus

<p>1. Where a mortgage of slaves was executed in Alabama, the situs of the property and the domicil of the mortgagor being in South Carolina, the mortgage is to be governed by the laws of the latter State, and the title of the mortgagee will not be affected, because the mortgage was not recorded in Alabama conformably to the registry laws of that State.</p> <p>2. The registry Act of a State can have no effect beyond its territory, except in determining the validity of transfers of property in that State, where that question arises in the courts of another State.</p> <p>3. The circumstance that the mortgagor owned a plantation and negroes in Alabama, would not, of itself, be sufficient to determine his residence in that State. Nor was possession by the mortgagor of the property mortgaged, after condition broken, a presumption of fraud.</p>