DESCHENES V. TALLMAN 161 N.E. 321 (1928) CASE BRIEF

DESCHENES V. TALLMAN
161 N.E. 321 (1928)
NATURE OF THE CASE: This was an action for the foreclosure of a purchase money mortgage and in the counterclaim for a breach of a covenant of seizin.
FACTS: Deschenes (P) sold land to Tallman (D) in April, 1925. The predecessor in title was Miller, a Canadian company. That company was judged insolvent in 1911 and its property was ordered sold. The liquidators conveyed the land to P who then sold to D. The land is located in New York City. D insists that the title to the land did not pass under the deed to the foreign liquidators. With that defense, P got a quitclaim deed by the Canadian Corporation. Under Canadian law, the corporation has continued life until all affairs of the corporation are wound up under the supervision of the liquidator.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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