What is the basis for a statement that refers to a deposit of title deeds accompanied with a memorandum?

Alberta, Canada


The following excerpt is from North West Trust Company v. Raymond West, 1989 ABCA 252 (CanLII):

It is clear that the said statement stems directly from the headnote of Shaw v. Foster which reads, in part, as follows: "Where a deposit of title deeds is accompanied with a memorandum in writing, the kind and amount of charge intended to be created by the deposit must be ascertained solely by reference to the written document."

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