Does the fact that the mortgagee was a party to the deed containing the attornment clause distinguish the facts from the mere attornation to a stranger?
Saskatchewan, Canada
The following excerpt is from First National Bank v. Cudmore, 1917 CanLII 246 (SK CA):
The fact that the mortgagee was a party to the deed containing the attornment clause distinguishes the facts of this case from the case of a mere attornment to a stranger. It would also appear that a private receiver may distrain when furnished with express authority. Ward v. Shew (1833) 9 Bing. 638: 2 L.J.C.P. 58.
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