488. Right to custody of title deeds as between co-owners and mortgagee.

488.     Right to custody of title deeds as between co-owners and mortgagee.

Apart from the statutory trusts affecting land held by co-owners1, whichever one of them obtains the deeds is entitled to hold them, subject to the right of the others to have the deeds produced2. Accordingly, a mortgagee of the interest of a co-owner is not entitled to the custody of the deeds as against another co-owner who has them in his possession3. Nor is a mortgagee entitled to custody of the deeds deposited by one co-owner by way of security without