Heward v. Hyde

This is a suit to compel defendant to perform his contract to purchase real estate. The sole defense is that plaintiffs' title is unmarketable.

There was a mortgage upon the premises to "Ella E. Barkalow, Trustee for Hannah B. Hall" when plaintiffs' grantor instituted a foreclosure action upon its tax sale certificate to which the said trustee-mortgagee was made a party defendant. Defendant claims that in order to bar the mortgage the cestuique trust also should have been made a party to that suit, that the rights of the cestui subsist and the omission is a cloud upon the title.

R.S. 54:5-87.6…