Does a mortgage which was not executed by the mortgagees have to be signed by the mortgagor?
Ontario, Canada
The following excerpt is from Hobbs v. Ontario Loan and Debenture Co., 1889 CanLII 10 (ON CA):
April 30th, 1889. HAGARTY C.J.O.:— In Morton v. Woods, L.R. 3 Q.B. 658, L.R. 4 Q.B. 293, it was held that although the mortgage was not executed by the mortgagees, yet as the mortgagor had attorned and occupied after the deed was executed by him, the relation of landlord and tenant was created.
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