John McLean

“ A statutable conveyance of property cannot strictly operate beyond the local jurisdiction. Any effect which may be given to it beyond this does not depend upon international law, but the principle of comity; and national comity does not require any government to give effect to such assignment, when it shall impair the remedies or lessen the securities of its own citizens. And this is the prevailing doctrine in this country. A proceeding in rem against the property of a foreign bankrupt, under our local laws, may be maintained by creditors, notwithstanding the foreign assignment. ”

“ And on our own principles this could not be done, to the injury of local creditors.
Hall in his lifetime might have conveyed this property by observing the forms adopted by Texas. But the assignee took no legal estate in the premises under the bankrupt law; and consequently he could not convey such an estate to the plaintiff. No proposition would seem to be clearer of doubt than this. It is believed that no sovereignty has, at any time, assumed the power, by legislation or otherwise, to regulate the distribution or conveyance of real estate in a foreign government. ”

“ But it is an admitted principle in all countries where the common law prevails, whatever views may be entertained in regard to personal property, that real estate can be conveyed only under the territorial law. ”

“ It merely provides, that where relief has been given under any foreign bankrupt or insolvent law to an individual who has surrendered his property, and who afterwards shall become a citizen of Texas, he shall be considered as discharged from his debts, unless fraud be shown. ”

“ As against every person but the State, the assignee, although not a citizen of Texas, as well as plaintiff, could succeed to Hall's rights, and hold land.
Aliens may take by purchase, and hold land, until office found. ”

“ In March, 1844, Hall died, and Bennett, the defendant, was appointed administrator by the Probate Court of Galveston County in Texas.
In May, 1845, Conrad, the assignee of Hall, petitioned the District Court for an order to sell the effects of the bankrupt, and, the usual preliminary proceedings being had, a public sale took place for cash. ”

“ That Bennett is in no better condition in relation to the property in controversy than Hall himself would have been had he been living and the defendant in this suit.
' (This charge, the eighth, the court gave.) ”

“ Con. Ct. 283; 6 Binney, 353; 6 Pick. 286; Bee, 244; 5 Cranch, 302; 12 Wheaton, 361; 3 Wendell, 538; 2 Kent's Com., 1st edition 330; 20 Johnson, 254; 4 Wheaton, 213; 2 Story, 360 and 630; 1 Metcalf and Perkins's Dig. 400, pl. 123, 124; 1 U. States Dig. ”