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.