DARBY'S LESSEE V. MAYER, 23 U. S. 465 (1825)

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U.S. Supreme Court

Darby's Lessee v. Mayer, 23 U.S. 10 Wheat. 465 465 (1825)

Darby's Lessee v. Mayer

23 U.S. (10 Wheat.) 465


Quaere, how far a will of lands, duly proved and recorded in one state so as to be evidence in the courts of that state, is thereby rendered evidence in the courts of another state (provided the record on its face shows that it possesses all the solemnities required by the laws of the state where the land lies) under the Fourth Article, section 1, of the Constitution of the United States?

The lex loci rei sitae governs as to the effect of a devise in one country of lands in another.

By the laws of Tennessee, the probate of a will of lands in another state is not made evidence in an ejectment for lands in Tennessee.

Quaere how far this general principle is modified by the provisions of the Constitution and laws of the United States in respect to the faith and credit, &c., to be given to the public acts, records, and judicial proceedings of each state in every other state?

The local law of Maryland as to the effect of evidence of the probate of a will of lands in an action of ejectment is the same with the common law.

A duly certified copy of a will of lands and the probate thereof in the Orphan's Court of Maryland is not evidence in an action of ejectment of a devise of lands in Tennessee.

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