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ute contemplates that the plaintiff shall be an actual resident in the

State, and that he does not become such by sending his family to the State of New York from another State, in which he and they were residing, with the intent that they should reside there, but remaining himself in the other State. Penfield v. Chesapeake, Ohio &c. Railroad, 351.

2. In determining the rules applicable to conveyances of real estate from a husband to his wife, reference should be had not only to the decisions of this court, but also to those of the State where the parties lived, and where the transactions took place. Schreyer v. Scott, 405.

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1. A recorded mortgage, given by a railroad company on its roadbed and

other property, creates a lien whose priority cannot be displaced there.after either directly by a mortgage given by the company, or indi

United States, Supreme Cosert

UNITED STATES REPORTS

VOLUME 134

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1889

J. C. BANCROFT DAVIS

REPORTER

NEW YORK AND ALBANY

BANKS & BROTHERS, LAW PUBLISHERS

1890

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