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Bank of Montclair v. Mallas

Court of Errors and Appeals
Jan 27, 1937
190 A. 51 (N.J. 1937)

Opinion

Submitted December 8th, 1936.

Decided January 27th, 1937.

1. The omission of cestuis que trust from the foreclosure in this case constituted a cloud on the title of the realty to be sold.

2. Equity will not compel a purchaser to take a doubtful title.

On appeal from a decree advised by Vice-Chancellor Stein, whose opinion is reported in 120 N.J. Eq. 611.

Mr. Charles L. Hemmersley and Mr. Philip Goodell, for the appellant.

Mr. Joseph Bohrer ( Messrs. Leber Ruback, of counsel), for the respondent.


We concur in the view expressed in the court below, that the omission of the cestuis que trust from the foreclosure constituted a cloud on the title of the realty contracted to be sold, and that such cloud was not removed by the orphans court proceeding.

The rule that equity will not compel a purchaser to take a doubtful title, laid down in the chancery cases cited in the court below, has also the sanction of this court. Tillotson v. Gesner, 33 N.J. Eq. 313; Van Riper v. Wickersham, 77 N.J. Eq. 232; Doutney v. Lambie, 78 N.J. Eq. 277; Security Bond and Mortgage Co. v. Weiss, 101 N.J. Eq. 307; affirming 100 N.J. Eq. 156; Rosenson v. Bochenek, 102 N.J. Eq. 543.

The decree under review will be affirmed.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, COLE, JJ. 14.

For reversal — None.


Summaries of

Bank of Montclair v. Mallas

Court of Errors and Appeals
Jan 27, 1937
190 A. 51 (N.J. 1937)
Case details for

Bank of Montclair v. Mallas

Case Details

Full title:BANK OF MONTCLAIR, complainant-appellant, v. WILLIAM MALLAS…

Court:Court of Errors and Appeals

Date published: Jan 27, 1937

Citations

190 A. 51 (N.J. 1937)
190 A. 51

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