MORIGAGE, EQUITABLE-continued.

preferred in case of fraud, &c. by legal mortgagee, 122.
how far affected by judgments, 122 et seq.

holder of, entitled to tack, 130, 140.

assimilated to a trust, 165.

doctrine examined, 179 et seq.

quare superior to claim of elegit creditor, 155, 165.
why holder of, preferred to judgment creditor, 174.
distinguished from purchase, 185.

a contract only for security, 186.

not affected by bankruptcy of mortgagor, 191.

of chose in action must be perfected by notice before fiat, 192.

how affected by former bankruptcy or insolvency, 194.

mode of realizing, in bankruptcy, 202.

holder of, may petition for a sale, or give up his security and prove, 202
but he canot retract after agreeing to give up his security, 202.

maximum value may be fixed on, 203.

holder of, may prove without selling, when, 203, 204.

not affected by proof in cases of joint security, 204.

whether affected by proof of joint creditor having separate security,
quære, 204.

holder of, with power of sale, may exercise without order, 208.

holder of, petitioning for sale, Court determines as to validity of, 209.
order for sale of, not made if circumstances suspicious, 209.
holder of, need not concur in sale by prior mortgagee, 209.

secus, if he submit to jurisdiction, 210.

holder of, when surety, must expunge proceeds from proof, 211.

holder of, when sole assignee, sells under restriction, 211.

sale of, must not be delayed by assignee, 211.

holder of, bidding, pays deposit, 212.

order for sale of, when dispensed with, 212.

holder of, entitled to rents and profits from date of order for sale, 213.

if reference, then from date of order for reference, 213.

holder of, with writing, entitled to costs, 213.

secus,

if no writing, 213.

what writing sufficient, 214, 215.

holder of, when not entitled to costs of order to bid, 216.

holder of, without writing, entitled to costs in insolvency, 216.

holder of, allowed costs of suit, if necessary, although he might have
petitioned for sale, 216.

See COSTS; FIAT; JUDGMENT; MEMORANDUM; NOTICE; RENTS;
SALE OF EQUITABLE MORTGAGE.

MORTGAGE, LEGAL,

cannot be extended to future advances by parol, 30.

holder of, cannot deprive equitable mortgagee of deeds, 121.

MORTGAGE, LEGAL-continued.

not affected by want of deeds, 121.

postponed in case of fraud, 122.

N.

NOTE.-See BILL.

NOTICE,

effect of, with regard to equitable mortgage, 73.

must be obtained before money advanced, to prevent equitable mort-

gagee from obtaining priority, 73.

of two kinds, actual or constructive, 75.

actual, definition of, 77.

constructive, definition of, 77, 78.

from another instrument, 79 et seq.

by recitals, 81.

on exchange of estates, 81.

not inferred, if reasonable diligence used, 82.

inferred, from avoiding inquiry, 85, 99.

to solicitors, 86.

what laches amounts to, 87.

of instrument referred to in another, 87.

of tenancy, notice of tenant's rights, 88, 91.

but not if possession vacant, 92.

of lease, when inferred, 88.

of derivative lease, not notice of covenants in original lease, 88.
of lessor's lien not inferred from his possession of the estate, 89.

of one incumbrance, notice of another, 89.

suspicious circumstances, when notice, 90.

suspicion of notice, not notice, 91.

not inferred against trustee from his preparing deed, 91.
of charges by will, 92 et seq.

of debts having been paid, effect of, 94.

registry of a deed not notice, 94.

secus in Ireland, 95.

court rolls not notice, 95.

lis pendens not notice, unless registered, 95.

fiat in bankruptcy, when notice, 95.

when implied from want of deeds, 96.

essential in mortgages of choses in action, 102.

of deposit of bond, 107.

to one of several obligors sufficient, 113.

knowledge when deemed, 108-110.

by conversation, when sufficient, 109.
with regard to policies of insurance, 110, 111.

to one trustee or executor sufficient, 112.

NOTICE-continued.

must be renewed if trustee die, 113.

of mortgage of shares, to whom given, 113.

of assignment of partnership debts, 113.

to whom given, on assignment of freight, 113.

to solicitor or agent, 114 et seq.

when tantamount to legal estate, 120.

of covenant to charge land binding, 132.

when must be given to prevent equitable mortgagee from getting in
legal estate, 139.

deposit of deeds by, effect of, 25.

equitable mortgage in favour of, how to be prepared, 33.

on assignment of debts to, notice must be given to the debtors, 113.
mortgages to, of partnership property, subject to reputed ownership,

193.

equitable mortgage by, when not affected by proof, 204.

whether affected if joint creditor have separate security, quære, 204.
See MORTGAGE, EQUITABLE.

POLICIES OF INSURANCE,

what notice necessary on assignment or deposit of, 110.

deposited by one of directors when sufficient, 110.

notice of assignment of, necessary, although the office be one for mutual
insurance, 111.

payment of premiums not notice, 111.

form of notice immaterial, 111.

subject to reputed ownership, 193.

PURCHASER,

lien for purchase money paid by, an equitable mortgage, 5.

PURCHASE MONEY,

lien for, when discharged, 5, 6, 9, 11.

intention of parties as to, respected, 9.

mortgage taken for, discharges vendor's lien, 9.

R.

RECEIVER,

may be appointed of rents, &c. of property in equitable mortgage, 66.
and even before answer, 67.

RECITAL,

does not restrain general words in agreement for equitable mortgage, 4.
notice by, 81.

REGISTRY,

of deed not notice, 94.

secus in Ireland, 94.

of judgments, decrees, &c. 124.

effect of, in postponing unregistered legal mortgage, 146.

RENTS,

equitable mortgagee entitled to, from date of order for sale, 66.
receiver of, may be appointed for equitable mortgagee, 66.

equitable mortgagee not entitled to, by giving notice to tenants, 66.
but if he receive them, he is entitled to retain them, 66.

cannot be recovered from assignees of mortgagor when once received,

67.

receipt of, by mortgagee takes case out af Statute of Limitations, 67.
reserved by lease, when equitable mortgagee liable for, 92 et seq.
allowed to mortgagee from date of order for sale, 212.

and if reference as to security, from date of order of reference, 212.
mortgagee entitled to, from time of entry, if bankrupt abscond and he
take possession, 213.

once received cannot be recovered by assignees from mortgagee, or
vice versa, 213.

how applied, if sale deferred, 213.

See MORTGAGE, EQUITABLE; SALE OF EQUITABLE MORTGAGE.

REPUTED OWNERSHIP,

does not affect freeholds or terms of years, 192.

choses in action affected by, unless notice, 192.

shares in a bridge company when not affected by, 192.

mortgages to partners affected by, 193.

mortgagees of debts subject to, if notice not given, 193.
See FIAT; MORTGAGE, EQUITABle.

RULES OF COURT.-See DECREES.

SALE OF EQUITABLE MORTGAGE,

when directed, 62, 63.

cannot be directed if legal estate in the crown, 63.

on decree for, infant heir not entitled to a day, 64.

on decree for, mortgagor entitled to six months to redeem, 64.

order for, must be obtained from Court of Review, 67.

petition for, 202.

where maximum value may be fixed on, 203.

proof under fiat without, when, 203, 204.

power for, may be exercised without order, 208.

on petition for, Court determines as to validity of mortgage, 209.

order for, not made if circumstances suspicious, 209.

SALE OF EQUITABLE MORIGAGE-continued.
by surety, effect on proof, 211.
by sole assignee, restriction as to, 211.
must not be delayed by assignee, 211.
holder bidding pays deposit, 212.

order for, when dispensed with, 212.

rents and profits paid to mortgagee from date of order for, 212.

costs of order for, allowed where memorandum in writing, 67, 213.
secus if no memorandum, 67, 213.

SECURITY,

taken for unpaid purchase money, whether it discharges lien,

6, 9, 11.

intention of parties as to, respected, 9.

by partners not affected by proof under fiat, 204.

quare,

whether joint creditor having separate security can prove without first
realizing it, quære, 204.

SHARES,

certificates of, may be deposited, 26.

notice of security on, must be given, 26.

direction to transfer to mortgagee sufficient, 26.

secus if direction retained in possession of mortgagee, 26.

what notice of mortgage of, sufficient, 105.

to whom notice must be given, 113.

in a bridge company, when not affected by reputed ownership, 192.
See FIAT; MORTGAGE, EQUITABLE; NOTICE; REPUTED OWNERSHIP.

SCHEDULE,

of deeds, deposit of, creates equitable mortgage, 39.

SOLICITOR,

cannot take equitable mortgage for bills not delivered, 33.
notice to, of incumbrance, 86, 114 et seq.

quare if necessary to be in the same transaction, 116, 118.
notice to, on assignment of debts, when sufficient, 113.

STATUTE OF LIMITATIONS,

does not run against equitable mortgagee in possession and receipt of
rents, 67.

STATUTES,

13 Edw. 1, c. 18..122, 170.

29 Car. 2, c. 3, ss. 10, 16..143, 171.

4 & 5 W. & M. c. 20, s. 3..171.

s. 7..181.

6 Geo. 4, c. 16, s. 72..192.

3 & 4 W. 4, c. 27. s. 42..67.

1 & 2 Vict. c. 110, ss. 1, 2, 3, 5.. 124.

ss. 11, 13..123—126, 143, 144, 172, 173.