Legal Opinion

Deschenes v. Tallman

New York Court of Appeals

Decided May 1, 1928PublishedCited by 13 opinions

1Opinion of the Court

Cardozo, Ch. J.

The complaint is for the foreclosure of a purchase-money mortgage. The answer is a counterclaim for breach of a covenant of seizin. Whether seizin was lacking is the question to be answered.

Plaintiffs sold the land to the defendant Francis Tall-man in April, 1925. A predecessor in title was Miller & Lockwell, Limited, a Canadian corporation. By a decree of the courts of the Province of Quebec, made in 1911, the corporation was adjudged insolvent, and its property, real and personal, was ordered to be sold by two liquidators duly appointed according to the laws of the Province.…

2Cases cited21 opinions

  1. Fall v. EastinSupreme Court of the United States · 1909
  2. Lion Bonding & Surety Co. v. KaratzSupreme Court of the United States · 1923
  3. Relfe v. RundleSupreme Court of the United States · 1881
  4. Gardner v. . OgdenNew York Court of Appeals · 1860
  5. Carpenter v. StrangeSupreme Court of the United States · 1891

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3Cited by13 opinions

  1. Clark v. WilliardSupreme Court of the United States · 1934
  2. Rozan v. RozanCalifornia Supreme Court · 1957
  3. Kane v. KaneWyoming Supreme Court · 1978
  4. Farnsworth v. HubbardArizona Supreme Court · 1954
  5. Ebsary Gypsum Co. v. RubyNew York Court of Appeals · 1931

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