- The Appellant executed a legal mortgage to their company, and put the deeds in the safe which he had keys to.
- Eventually he removed the deeds and gave everything except the mortgage to Mrs Whipp, not telling her about the security
- The Courts will postpone a legal mortgage to a subsequent equitable interest when;
- The legal mortgagee has participated in the fraud – refusing to give a title deed may be sufficient to establish this unless there is explanation
- Where the legal mortgagee has made the mortgagor his agent, and the security has been misrepresented by that agent
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