Fall v. Eastin, 215 U.S. 1 (1909)

Fall v. Eastin


No. 24


Submitted April 30, 1909
Decided November 1, 1909
215 U.S. 1

ERROR TO THE SUPREME COURT
OF THE STATE OF NEBRASKA

Syllabus

While a court of equity acting upon the person of the defendant may decree a conveyance of land in another jurisdiction and enforce the execution of the decree by process against the defendant, neither the decree, nor any conveyance under it except by the party in whom title is vested, is of any efficacy beyond the jurisdiction of the court. Corbett v. Nutt, 10 Wall. 464.

A court not having jurisdiction of the res cannot affect it by its decree nor by a deed made by a master in accordance with the decree.

Local legislation of a state as to effect of a decree, or a conveyance made by a master pursuant thereto, on the res does not apply to the operation of the decree on property situated in another state.

The full faith and credit clause of the Constitution does not extend the jurisdiction of the courts of one state to property situated in another state, but only makes the judgment conclusive on the merits of the claim or subject matter of the suit, and the courts of the state in which land is situated do not deny full faith and credit to a decree of courts of another state, or to a master’s deed thereunder, by holding that it does not operate directly upon, and transfer the property.

75 Neb. 104, affirmed.

The facts are stated in the opinion.