Sears, Roebuck Co. v. Camp

The essential question for decision is whether the complainant-mortgagee-purchaser of mortgaged lands at a judicial foreclosure sale and his grantee in possession, under a deed of general warranty, may have strict foreclosure against a junior mortgagee not made a party to the foreclosure proceedings, due to the non-disclosure of the latter's recorded assignment of the mortgage on the title search made on complainant's behalf for the purpose of discovering — preparatory to the foreclosure — the interests to be barred. Concededly, complainant did not possess actual knowledge of the identity of…