Effect at the Situs Rei, of a Decree Ordering Conveyance of Foreign Land

In a recent article in this Review, Prof. Willard Barbour discussed the question indicated by the above title. His cbnclusions may be-briefly slated as follows: that such a decree of a competent court having jurisdiction of the person of the defendant creates a personal obligation upon the defendant which a court of equity at the situs should enforce just as it would a contract or trust concerning this land made in the foreign jurisdiction: and that, as between the States of this Union, the full faith and credit clause of the Constitution makes such enforcement of the foreign decree obligatory. He conceded that, upon the authorities, these points are still open to debate, but he showed that the tendency of the law, through the course of several centuries, has been obviously in the direction of these conclusions, that the negative authorities are in the nature of a survival in part of doctrines long since abandoned, and that the distinctions upon which the survival rest are without logic or good sense. Extra-territorial Effect of the Equitable Decree, 17 MICH. L. Rzv. 527