Thomson v. Kyle

Citations

• 39 Fla. 582

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 hy 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 such a debt, the mortgage will in the latter State be held valid and enforceable by appropriate proceedings.</p> <p>4. The 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. A promissory note executed and payable in one State, though secured by a mortgage on lands situated in another State, will be governed as to the rate of interest it shall bear by the laws of the former State; and if by such laws all interest is forfeited for usury, the same result will follow upon foreclosure of the mortgage in the State where the mortgaged lands are situated.</p> <p>8. There must be a substantial performance of conditions precedent to authorize recovery as for performance of a contract; and an allegation that the opposite party refuses to permit performance of conditions precedent, is not equivalent to an allegation of performance, especially where the complaining party does not allege his willingness and ability to perform at the time of such refusal, or at any time prio