At p. 48 Newlands J. said: This language in my opinion creates an equitable mortgage on the land described in this document. In Robbins on Mortgages, p. 50, it is stated, “any agreement in writing and properly signed, however informal, by which any property real or personal is to be a security for a sum of money owing or advanced, is a charge and amounts to an equitable mortgage,” and the defendant having parted with an equitable interest in his land that interest can not be affected by an execution subsequently issued against this defendant. The authorities on this question are all collected in the decision of Mr. Justice McGuire in Wilkie v. Jellett.
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