Seagirt Realty Corp. v. Chazanof

196 N.E.2d 254 (1963)

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Nature of the Case

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Facts

D was the owner of record of property and conveyed the property to P in 1950. P did not record the title to the property, and the title is now lost. P asked for specific relief compelling the execution of a replacement deed. In 1934, Jacob Landau, the sole stockholder and alter ego of P, corporation, caused it to convey title to his son, Alfred, without consideration and for purposes of concealing it from his creditors. Jacob filed a petition for bankruptcy in 1945 in which he swore he had no interest in the property. In 1950, Alfred, at his father’s request, discharged his oral promise of 1934 by conveying the property to Chazanoff (D), the son in law of Jacob Landau. This conveyance was without consideration and D orally promised to convey to P and did execute and deliver a deed to P. P got the judgment, the appeals court reversed and dismissed the complaint on unclean hands.