228. Deposit of title deeds by mistake.

228.     Deposit of title deeds by mistake.

The delivery by mistake of title deeds to a creditor did not constitute him an equitable mortgagee, although the delivery might be prima facie evidence of an intention which threw the burden of proving the negative on the owner1. A deposit of deeds could not create an equitable mortgage on property to which the deeds did not relate, notwithstanding that by a misapprehension the creditor believed that they related to that property2.

Where deeds were delivered for a special purpose other than putting them in pledge, the further purpose of creating