In creating an equitable mortgage by deposit of title deeds1, it was not negligence to accept the owner's statement that the deeds deposited were all that were necessary. If the court was satisfied of the good faith of the person who had a prior equitable charge, and was satisfied that there had been a positive statement, honestly believed, that he had the necessary deeds, then he was not bound to examine the deeds, nor was he bound by constructive notice of their actual contents or of any deficiencies which by examination he might have discovered in them
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234