A  first  mortgagee  rarely  parts  with  his  money  until  the


Freeholds,  Copyliolds,  Leaseholds.  643

deeds  of  the  property  are  handed  to  him.  Hence  it  has  be-
come the  usual,  or  at  all  events  not  unfrequent,  practice  not
to  make  any  specific  grant  of  the  title  deeds  in  the  mortgage.
Where  they  are  not  delivered  over,  and  there  is  no  grant  of
them,  a  mortgagee  of  the  legal  fee  is  nevertheless  entitled
to  them  {Harrington  v.  Price,  3  B.  &  Ad.  170;  cons.  Davies
V.  Vernon,  6  Q.  B.  443);  but  not  where  the  mortgage  is  for
a  term.  See  ib.;  Jenner  v.  Morris,  L.  R.,  1  Ch.  603.  It  will
be  seen  hereafter  (Chap.  X.,  Sec.  1),  that  gross  negligence
or  fraud,  in  not  obtaining  possession  of  the  title  deeds,  is
a  ground  for  postponing  a  mortgagee  even  with  the  legal
estate.  Where  the  mortgagee  has  obtained  the  deeds,  he
may  retain  them  until  payment  or  actual  tender  of  all  that
is  due  to  him;  and  payment  into  court  is  insufficient.  Pos-
tlethwaite  v.  Blythe,  2  Sw.  256.  And  he  is  not  bound  to  Proauction  by
allow  any  inspection  of  them.  Crisp  v.  Platel,  8  Bea.  62;  ™'"''s'»«ee.
Darner  v.  E.  Portarlington,  15  Sim.  380;  Howard  v.  Ro-
binson, 4  Drew.  522.  But  it  has  been  held,  that  the  mort-
gage deed  itself  may  be  ordered  to  be  produced  for  inspec-
tion. Patch  V.  Tf'ard,  L.  R.,  1  Eq.  436 ;  see  Re  Mark's
Trust  Deed,  L.  R.,  1  Ch.  429.  But  cons,  the  judgment,
Chichester  v.  Marq.  of  Donegal,  L.  R.,  5  Ch.  p.  502.
