Civil Procedure - writ of summons - specially indorsed writ - may
only be used by mortgagee to recover possession of land from mortgagor
where attornment clause creating relationship of landlord and tenant: A mortgagee, or his successor in title, cannot proceed by specially indorsed writ in an action to recover the mortgaged land from a mortgagee in
possession unless the mortgage contains an attornment clause. Although
such a clause is void in certain respects, it is valid to the extent that it
creates the relationship of landlord and tenant between the mortgagee and mortgagor, or their successors in title, so as to enable the mortgagee to initiate proceedings to recover the land by specially indorsed wriL
under the terms of 0.111, r.6(f) of the Supreme Court Rules (cap. 205).