US SUPREME COURT DECISIONS

CRICHTON V. WINGFIELD, 258 U. S. 66 (1922)

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U.S. Supreme Court

Crichton v. Wingfield, 258 U.S. 66 (1922)

Crichton v. Wingfield

No. 312

Submitted December 16, 1921

Decided February 27, 1922

258 U.S. 66

Syllabus

1. As a basis for service upon an absent defendant under Jud.Code, § 57, personal property must be properly localized within the district of suit. P. 258 U. S. 74.

2. Promissory notes, secured on land in Mississippi and payable there, were claimed by C as legatee under wills of the payees of which she had been made executrix by a Mississippi probate court which had found, upon her representations, that the deceased were chanrobles.com-red

Page 258 U. S. 67

citizens of that state and that the personal property bequeathed was located within its jurisdiction. Before qualifying as executrix, C removed the notes to New York, of which she was citizen, and there, while the probate proceedings were pending, brought suit in a federal court to quiet her title to them against a citizen of Mississippi who claimed under assignment from one of the decedents. Held that the notes had not such a status as personal property in New York as would justify foreign service under Jud.Code § 57.

Affirmed.

Direct appeal from a Judgment of the district court quashing a service of process and dismissing the bill of the appellant for want of jurisdiction. chanrobles.com-red

Page 258 U. S. 69



























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