226. Deposit of part of title deeds.

226.     Deposit of part of title deeds.

To create a valid mortgage by deposit of title deeds1 it was not necessary that the whole or even the most material of the deeds should be deposited, or that the deeds deposited should show a complete or good title in the depositor: it was sufficient if the deeds deposited bona fide related to the property or were material evidence of title, and were shown to have been deposited with the intention of creating a charge2. In creating an equitable mortgage by deposit of title deeds it was not negligence