Prudential Insurance Co. of America v. Monk

The opinion-of the Court was delivered by

Mr. Justice Stabler.

This is an action for foreclosure of a real estate mortgage given to the plaintiff by the defendant Robinson O. Monk. The mortgagor’s title being at issue, the Circuit Judge held that he had and mortgaged only a life interest in the land; the appeal involves only this question, appellants contending that he could and did mortgage the fee.

Robinson O. Monk derives title to the land from the following provisions of the will of his father, Robinson B. Monk: “I give, devise and bequeath unto my beloved son, Robinson O. Monk, my place…