60 N.H. 63 | N.H. | 1880
The insolvency proceedings in Massachusetts cannot operate to convey the defendant's title to real estate in this state to his assignee. Title to real property can be acquired, passed and lost, only according to the lex rei sitae. Eyre v. Storer,
The real estate attached in this suit may thus become assets in the hands of the defendant's assignee to be distributed among all his creditors, provided the assignee requires the defendant to convey it to him for that purpose. The plaintiff and defendant being citizens of Massachusetts, the plaintiff shows no superior equity which should enable him to appropriate the property attached in this state exclusively to the payment of his own debt. Upon the principle of comity, the rights of our own citizens not being involved, we do not feel inclined to make such disposition of this cause as would defeat the application of the property attached to the payment of all the insolvent's creditors under the law of his own state, provided the assignee takes the necessary steps to accomplish that result. The court at the trial term will make such orders as may be necessary for that purpose, by further continuing the action, or by such other disposition of it as may be necessary and proper. But if it appears that the assignee does not intend to appropriate this property to the payment of all the defendant's creditors, there will be no reason why the suit should be delayed to enable the defendant to obtain and plead a discharge in insolvency. Unless the assignee takes the property, either the plaintiff will levy upon it to satisfy such, judgment as he recovers, or the defendant will continue to hold it divested of the attachment lien. It being admitted that he owes the plaintiff a just debt, if the assignee does not take the property for all the creditors, it is no more than just that it should be appropriated to satisfy the plaintiff's claim.
Case discharged.
BINGHAM, J., did not sit: the others concurred. *65