121. When knowledge of a solicitor is imputed to the mortgagee.

A solicitor often acts for the mortgagee and the mortgagor in relation to the mortgage. The solicitor's knowledge of facts which would put the mortgagee on inquiry is not to be imputed to the mortgagee bank unless the information came to his knowledge in his capacity as solicitor for the mortgagee bank as such1. Thus knowledge of a solicitor acquired when taking instructions from or giving advice to the surety is not to be imputed to the mortgagee

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