228. Effect of mere deposit of title deeds.

A deposit of title deeds did not in itself create a charge, and the mere possession of deeds without evidence of the contract under which possession was obtained, or of the manner in which the possession originated so that a contract might be inferred1, did not create an equitable security2. The deposit was a fact which admitted evidence of an intention to create a charge which would otherwise be inadmissible, and raised a presumption of a charge which threw upon the debtor the burden of rebutting it3.

A mere deposit of title deeds upon an advance, with intent to create

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