BARCLAYS BANK D.C.O. v. B.D. KALIL AND SONS and SOLITA KALIL (Civil App. No. 15/70) [1972] SLCA 1275 (02 February 1972);

An equitable mortgagee by deposit of title deeds is entitled to foreclosure where the deposit is accompanied by an agreement on the part of the mortgagor, whether express or implied, to execute a legal mortgage 

A mortgagee in possession may relieve himself of his position and responsibility by appointing a receiver; and the court may appoint a receiver after a mortgagee has taken possession if the circumstances render it just and convenient: for example, if the mortgagee in possession refuses to satisfy equitable interests, or if there is a strong prima facie case for setting the conveyance to him aside; but not otherwise, unless the rents and profits are in danger

Search Summary: 

Mortgage-foreclosure or sale-foreclosure of equitable mortgage-mortgage 


Law Report Citation: 
1972-73 ALR S.L.14