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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 63   View pdf image (33K)
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JOHNS VS. REABDON. 63
stood to have decided is, that the certificate being on the deed,
and being in its terms within the meaning of the Act of As-
sembly, it was a sufficient warrant for the Clerk of the county
where the lands lay to record it. In other words, that the
Clerk of the latter county could not look out of the certificate
of the Clerk of the county in which the acknowledgment was
made, and decide whether the deed had or had not been ac-
knowledged before persons authorized to take it. His war-
rant for the enrolment of the deed was the certificate; and if
that was in proper form, he was authorized to put it upon re-
cord, whatever the effect of the enrolment might be upon the
rights of the parties, or of others.
The 3d section of the Act of 1766, ch. 14, prescribes the
forrn of the certificate to be given by the Clerk of the county
in which the acknowledgment is made, and that form being
pursued either in terms or in words of equivalent import, the
Clerk of the county within which the lands lie is authorized to
enrol the deed, but it by no means follows that such enrol-
ment will give to the instrument enrolled the attributes of a
valid conveyance, for that would be directly repugnant to the
second and preceding parts of the 3d section of the Act, which
declare that the estates therein mentioned shall not pass or
take effect, unless the deed or conveyance by which the same
shall be intended to pass or take effect shall be acknowledged
as is therein directed; and although, therefore, the Court of
Appeals, in the case of Hall and (fittings, expressed the opi-
nion that the certificate of the Clerk of Prince George's County
Court being within the meaning of the Act of Assembly, gave
an authority to the Clerk of Baltimore county to record the
deed, still the instrument when recorded, and the record
thereof, both with reference to its efficacy to pass the title,
and to its influence upon the rights of others who may become
interested in the property attempted to be conveyed, depends
upon whether it was executed and acknowledged according to
law. It is very certain that the registration of the deed from
Ogle and wife, in the case cited, did not cure the defect in the
acknowledgment,'because the Court of Appeals twice reversed

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 63   View pdf image (33K)
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