1. Although the decree in the present case did not ascertain the amount to be paid on each bond, or to each bondholder, yet the action of the trustee under the mortgage in setting apart, by calculation, the amount due on each bond, had much the same effect on the bondholders' rights as a decree of distribution would have had. The trustee thereby entered into a special relationship of trust with each bondholder, known or unknown, in respect to the sum so allocated. The money set apart belongs to them severally in equity.
2. The improbability of unknown bondholders ever asserting their title after the lapse of forty years should not lead the court to disregard their title. Petitioner, successor to the company which held title to the bonds that were turned in and on which a ratable part of the fund resulting from the mortgage foreclosure was paid, has no interest in the balance remaining in the hands of the trustee under the mortgage.
PER CURIAM.
The decree under review will be affirmed, for the reasons stated in the opinion of Vice-Chancellor Bigelow.
For affirmance — THE CHIEF-JUSTICE, PARKER, CASE, BODINE, DONGES, PERSKIE, PORTER, COLIE, WELLS, RAFFERTY, HAGUE, THOMPSON, DILL, JJ. 13.
For reversal — None.