Home >> Bouvier's Law Dictionary >> Safe to Smuggling >> Situs_P1

Situs

ed, ct, sup, property, personal and co

Page: 1 2 3

SITUS (Lat.). Situation ; location. Smith v. Bank, 5 Pet. (U. S.) 524, 8 L. Ed. 212.

Generally, property, in order to be the sub ject of taxation, must be within the jurisdic tion of the power assuming to tax ; Buck v. Beach, 206 U. S. 400, 27 Sup. Ct. 712, 51 Ed. 1106, 11 Ann. Cas. 732 ; In regard to tangible property the old' rule was mobilia segwuntur perscmam (said by Dicey, Conti. L., to be often misleading), by which personal property was supposed to follow the person of its owner, and to be subject to the law of the owner's'domiciL For the purpose of tax ation, however, it has long been held that personal property may be separated from its owner, and he may be taxed on its account at the place where the property is, although it is not the place of his own domicil, and even if he is not a citizen or resident of the state which imposes the tax ; Buck v. Beach, 206 U. S. 401, 27 Sup. Ct 712, 51 L. Ed. 1106, 11 Ann. Cas. 732.

The question of the locality of chosen in action has, it is said, come up most frequent ly in the following classes of cases: 1. Those relating to the administration of estates of deceased persons ; 2. Cases of gifts by will or personal property in a particular locality; 3. Cases of taxation ; 4. Cases of foreign at tachment; 5. Cases under state insolvent laws ; 11 Harv. L. Rev. 96.

Notes, bonds and mortgages may acquire a situs at the place where they are held ; New Orleans v. Stempel, 175 U. S. 309, 20 Sup. Ct. • 110, 44 L. Ed. 174 ; Bristol v. Washington County, 177 U. S. 133, 20 Sup. Ct. 585, 44 L. Ed. 701; Blackstone v. Miller, 188 U. S. 189, 23 Sup. Ct. 277, 47 L. Ed. 439 ; State Board of Assessors v. Comptoir National d'Escompte, 191 U. S. 388, .24 Sup. Ct. 109, 48 L. Ed. 232; Carstairs v. Cochran, 193 U. S. 10, 24 Sup. Ct. 318, 48 L. Ed. 596 ; Scot tish Union & Nat. Ins. Co. v..Bowland, 196 U. S. 611, 25 Sup. Ct. 345, 49 L. Ed. 619.

Bank bills and municipal bonds, notes and mortgages, are id such a concrete tangible form as to be subject to taxation where found, irrespective of the domicil of the own er ; they are subject to levy and sale on exe cution, and to seizure and delivery in re plevin ; New Orleans v. Stempel, 175 U. S.

309, 20 Sup. Ct. 110, 44 L. Ed. 174.

Shares of stock in national banks, though in a certain sense intangible and incorporeal personal property, may be in law separated from the persons of their owners for purpos, es of taxation and given a situs of their own ; Tappan v. Bank, 19 Wall. (U. S.) 490, 22 L. Ed. 189; Pullman's Palace. Car Co. v. Penn sylvania, 141 U. S. 18, 11 Sup. Ct. 876, 35 L. Ed. 613.

Credits on open account (premiums due an insurance company) have no actual situs; they are property and are taxable by the power having jurisdiction ; Liverpool & Lon don & Globe Ins. Co. v. Board, 221 U. S. 346, 31 Sup. Ct. 550, 55 L. Ed. 762.

An insurance policy, issued and payable in New York, on the life of a person domiciled in Virginia, was held to have passed to his administrator in Virginia, although it was deposited with a person in Mississippi, who as administrator there, sought to collect it; Mayo v. Assurance Soc., 71 Miss. 590, 15 South. 791. See note to Dicey, Confi. Laws 331.

A life insurance policy is assets, for the purpose of founding an administration, in a state into which it is after the death of the insured ; New England Mut. Life Ins. Co. v. Woodworth, 111 U. S. 138, 4 Sup. Ct. 364, 28 L. Ed. 379.

A claim against the United States is not a local asset in the District of Columbia ; King v. U. S., 27 Ct. Cl. 529. A bond does not come within the rule as to simple con tract debts, but is assets for the purpose of administration in the place in which it is found; Beers v. Shannon, '13 N. Y. 292.

A mortgage, for taxing purposes, may be treated as being within the state where the land lies, or within the state of the residence of the holder ; Savings & Loan Soc. v. Mult nomah County, 169 U. S. 421, 18 Sup. Ct. 392, 42 L. Ed. 803.

Page: 1 2 3