135. Partner's power to mortgage by deed.

135.     Partner's power to mortgage by deed.

Neither during the continuance of the partnership nor after its dissolution can one partner by executing a mortgage deed of partnership property bind the other partners1 unless special authority is given him to do so2. The common law requires that the authority must be contained in a deed; and it is not enough, either at law or in equity, that the agreement constituting the partnership is under seal unless it contains a particular authority to the partners to execute deeds on behalf of the firm3. Where a partner executes a