THIS сase is fully stated in the following opinión,of this Court, which was delivered by
Story, Justice, on the 24th of February, judges being present. all ■ . the
A writ of intrusion ivas brought by the United. Statеs against the Defendant in errоr to recover pos'sesbion of an undivided part of certain land lying, within' the district of Mainе. Upon the trial of the cause in the district Court of that district, а special verdict was fоund by the jury, upon which the same Cоurt gave judgment in favor of the Defendant in error. This judgment wps afterwards affirmed in the Circuit Court of Massachusetts, and is now before the Supreme Court for a finаl decision.
By the special verdict it appears thаt the claim of the United Statеs tó the. land in controversy is under on* *116 Nathaniel Dowse, who derivеd his title, if any, from an instrument stated аt large'in the same verdict, аnd executed in His favor by one John Nelson. The instrnment is 'without a seal and was executed at the Island of Grenada» in the West Indies, beforе a notary public, acсording to the mode presсribed, by the existing laws, to pass rеal estate in that colony — and both parties were, at that time residents therein.
By the laws of Massachusetts, no estate of freehold in land can be conveyed unless by a dеed or conveyance under the hand and seal of the party — nod to perfect the title as against strangers, it is further requisite that the deed shоuld be acknowledged before a proper magistrаte, and recorded in the registry of deeds for the county where the land lies.
The question presented for consideration, is whether the lex loci contractus or the lex led. rei sitae is to govern in the disposal of real estates.
'The; Court entеrtain no doubt on the subject; and are clearly of oрinion that the title to land can be acquired and lost only in the manner prescribed by the law of the place where such land is situate. The judgment of the Circuit Court must, therefore, he affirmed,.