This section contains the nature of the case and procedural background.

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.

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