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Deschenes v. Tallman
New York Court of Appeals
248 N.Y. 33, 161 N.E. 321 (1928)
Louis Deschenes (plaintiff) sold land in New York to Francis Tallman (defendant) in 1925. A Canadian corporation was the predecessor in title to the land. In 1911, a Canadian court had judged the corporation insolvent and appointed liquidators to sell the land. The liquidators sold the land to Deschenes, who sold it to Tallman with covenant of seisin. Tallman argued that title could not have passed to Deschenes under the foreign liquidators’ deed. Consequently, Tallman sued for breach of the covenant of seisin. The appellate division and the special term ruled in Tallman’s favor, and Deschenes appealed to the New York Court of Appeals.
Rule of Law
Holding and Reasoning (Cardozo, C.J.)
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