Joseph McKenna

“ The real question concerns the effect of the Washington decree. As between the parties to it, that decree established in Washington a personal obligation of the husband to convey to his former wife. A personal obligation goes with the person. If the husband had made a contract, valid by the law of Washington, to do the same thing, I think there is no doubt that the contract would have been binding in Nebraska. ”

“ She further alleges that a decree was entered, granting her a divorce, and setting apart to her the land in controversy as her own separate property forever, free and unencumbered from any claim of the plaintiff thereto, and that he was ordered and directed by the court to convey all his right, title, and interest in and to the land within five days from the date of the decree. ”

“ The courts of this state, in divorce proceedings, must look for their authority to the statute; and so far as they attempt to act in excess of the powers therein granted, their action is void and subject to collateral attack. A judgment or decree of the nature of the Washington decree, so far as affects the real estate, if rendered by the courts of this state, would be void. ”

“ She and E. W. Fall, who was a defendant in the trial court, were married in Indiana in 1876, Subsequently they went to Nebraska, and, while living there, 'by their joint efforts, accumulations, and earnings, acquired jointly and by the same conveyance' the land in controversy. In 1889 they removed to the state of Washington, and continued to reside there as husband and wife until January, 1895, when they separated. On the 27th of February, 1895, her husband, she and he then being residents of King county, Washington, brought suit against her for divorce in the superior court of that county. ”

“ The court dismissed the husband's bill, found in favor of the wife, and, by stipulation of the parties, set off to the wife the homestead, and ordered her to execute to the husband a mortgage thereon, thus endeavoring to make an equitable division of the property. ”

“ 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.' In reply to the contention that the deed of the commissioner was a legal conveyance, it was said: 'The deed executed by the commissioner in this case must be considered as forming a part of the proceedings in the court of chancery, and no greater effect can be given to it than if the decree itself, by statute, was made to operate as a conveyance in Kentucky as it does in Ohio.'
In Watkins v. ”