Where a mortgage contains an express provision requiring notice of the mortgagor's death to be signed by personal representatives and received by the branch manager (clause 3(d) type provisions), mere informal notice of death — even actual knowledge by the bank — is insufficient to relieve the estate from liability for future advances. A mortgagee exercising power of sale is entitled to prefer a lower but more certain offer over a higher offer from financially unreliable offerors where there is a risk of non-completion. Title deeds already held under a registered mortgage cannot readily support an equitable mortgage by deemed redeposit where there is no act altering the basis on which they are held.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
1 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.