Bank of Montclair v. Mallas

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.…