702. Implied waiver of mortgage debt.

702.     Implied waiver of mortgage debt.

There can be a waiver of a debt only if the creditor is aware of his rights1. The court will not be anxious to imply waiver from a mere omission, or other circumstances, from which the intention cannot fairly be inferred2. Thus where it was provided by the mortgage deed that, as between the mortgagor and his surety, a certain part of the security given by the principal should be primarily liable to the debt, without mentioning the rest, it was held that on paying off the debt the