John McLean

“ But the most decisive objection to the decree against Powell's heirs is, it is contended, that it does not vest the legal title in Watts.
A decree cannot operate beyond the state in which the jurisdiction is exercised. It is not in the power of one state to prescribe the mode by which real property shall be conveyed in another. This principle is too clear to admit of doubt; but it is insisted, that the deed executed by the commissioner, under the decree, by virtue of a statute of Kentucky, was a legal conveyance in that state, and as such, by a statutory provision, is good in Ohio. ”

“ A new ground of relief has been assumed in the argument here, that was not made in the circuit court; which is, that although this court should be of the opinion that a specific execution of the contract ought not to be decreed, still, the complainants are entitled to a decree for the rents and profits of the land while it was in the possession of the defendants. ”

“ Until 1818 Watts, as well as the defendants, supposed that the legal title was vested in Massie. There is no ground to impute fraud or imposition to Watts in reference to this fact. When he made the contract, and up to the time specified, there can be no doubt that he believed a final decree against Massie would give him the legal title. When he made the contract with Lamb, had he known the fact that Massie had not the legal title, and concealed it, equity could give him no relief. ”