Bornstein

The question in this case is one that is frequently raised by Examiners. While there are few decisions that hear on the matter, the principles involved seem to he fairly clear.

There are two mortgages in this title given to a mortgagee as “ trustee ” without anything further of record to disclose the nature of the trust. Each was assigned by the “ trustee ” mortgagee. On¿ was then discharged, and the other foreclosed. The question is whether there is not here notice of a trust attaching to the property so that a purchaser is put upon his enquiry as to the authority of the alleged “ trustee ”…