Rutherford Land & Improvement Co. v. Sanntrock

The opinion of the court was delivered by

Collins, J.

In affirming this decree we must disclaim concurrence in the opinion of the learned vice-chancellor that if the mortgage to the Mutual Life Insurance Company, on which respondent’s title rests, had been given directly by Mrs. Mohn, the surviving executrix and trustee of Arnold Mohn, instead of by her grantee, the infirmity of whose title was unknown to the company, it would have been perfectly good. This dictum of an experienced judge should not be passed sub sileniio. It is based upon the idea that a general power to “dispose of” lands…