This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
The form of a contract which relates to realty is controlled by the law of the place where the realty is situated.1 This is in analogy to the principle that the validity of conveyances of realty," such as deeds3 and mortgages4 is determined by the law of the place where the land is situated. Thus the form and validity of a power of attorney to convey realty is controlled by the law of the place where the realty is situated and not the law of the place where the instrument is executed.5 So the question whether a covenant of warranty acts as an estoppel is controlled by the law of the place where the land is situated, where the covenant fails of effect because the vendor, a married woman, did not acknowledge the deed and was not examined separately as to her consent to such instrument.6 The effect of the forum. It was not referred as the law of the forum, however, but solely as the law of the place of performance.) of the statute of frauds upon a contract to convey realty is held in many states to be controlled by the law of the state where the realty is situated.7 Where this last-mentioned view obtains, an action may be brought upon a contract part in writing and part oral, for conveying realty in a jurisdiction where such contract is enforceable, even if suit is brought in a jurisdiction where such contract could not be enforced.8
1 See Sec. 576.
2 Fant v. Miller, 17 Gratt. (Va.) 47.
3 Alves v. Hodgson, 7 T. R. 241; Satterthwaite v. Doughty, Busb. (44 N. C.) 314; 59 Am. Dec. 544.
1 Dalton v. Taliaferro, 101 111. App. 592; Bowdle v. Jencks, - S. D. - ; 99 N. W. 98.
2 Post v. Bank. 138 111. 559; 28 N. E. 978; Swank v. Hufnagle, 111 Ind. 453; 12 N. E. 303; Richardson v. De Giverville, 107 Mo. 422; 28
Am. St. Rep. 426; 17 S. W. 974; Sell v. Miller, 11 0. S. 331.
3 Arndt v. Griggs, 134 U. S. 316; Watson v. Holden, 58 Kan. 657; 50 Pac. 883.
4 Manton v. Seiberling, 107 la. 534; 78 N. W, 194; People's, etc., Association v. Parish, 1 Neb. Unofficial 505; 96 N. W. 243; llaum v. Birchall, 150 Pa. 164; 30 Am. St. Rep. 797; 24 Atl. 620.
5 Morris v. Linton, 61 Neb. 537; 85 N. W. 565.. (Power of attorney executed in England; land situated in Nebraska.)
6 Smith v. Ingram. 132 N. ft. 959; 95 Am. St. Rep. 680; 61 L. R- A.