ART. 16] DEEDS. 353

on the persons for whom, if in existence at the date of the decree,
such parties would be trustees, and the court may, in its discretion,
make a declaratory decree as to the respective rights and legal charac-
ters of all or any of the parties to the suit.
See notes to sec. 27.

1904. art. 10. sec. 32. 1888, art 16. sec. 32. 1888. ch. 487.

33. Such decree shall be subject to the same right of appeal as
other decrees of courts of chancery.

As to appeals from courts of equity, see art. 5. sec. 26. et seq.

Deeds.

Ibid. sec. 33. 1888. art. 16. sec. 33. 1860. art. 16. sec. 23. 1785, ch. 72, sec. 11.
1791. ch. 79, secs. 2, 3. 1792. ch. 41, sec. 3.

34. In case any deed shall be executed, to the validity of which,
recording is necessary by law, and such deed hath not been recorded
agreeably to law, without any fraudulent intention of the party claim-
ing under such deed, the court shall have full power and authority,
upon application of the party claiming under such deed, and upon
such notice being given to the party making such deed, his heirs, devi-
see, executor or administrator, as the court may direct, and being satis-
fied that the party claiming under such deed has a fair and equitable
claim to the premises therein mentioned, to order and decree, without
the appearance or hearing of the defendant, that such deed shall be
recorded; and when such deed is recorded, it shall, in pursuance of such
decree, be taken and considered in all courts of law and equity against
the party making such deed, his heirs, devisees, executors and adminis-
trators, in the same state, and to have the same effect and consequences
to all intents and purposes, as if such deed had been recorded within
the time prescribed by law; but such deed shall not destroy, or in any
manner affect the title of any purchaser of the same thing or prem-
ises in case of a purchase made after the date of such deed, and with-
out notice of such deed by the person making such after-purchase,
whether such purchase be by contract or by deed recorded agreeably
to law; nor shall such deed, though recorded as aforesaid, in any
manner affect the creditors of the party making such deed, who may
trust such party after the date of the said deed. The provisions of
this section to apply to non-residents as well as to residents, and to
infants and persons of unsound mind.

Subsequent purchasers and creditors.

The registration of a deed without the order of court required by this
section, does not give constructive notice to subsequent purchasers or cred-
itors; and the paper must be considered as a mortgage unrecorded. How-
ever, if the paper is bona fide and one which the court would order recorded
under this section, it is valid as between the parties and gives priority over
creditors of the grantor whose debts were contracted before its date, and
over subsequent creditors with actual notice. Stanhope v. Dodge, 52 Md.
493; Wally v. Long, 56 Md. 571; Pfeaff v. Jones. 50 Md. 263; Harding v.
Alien, 70 Md. 399; Dyson v. Simmons. 48 Md. 220; Sixth Ward Bldg. Assn.
v. Willson, 41 Md. 514. And see Bowie v. Stonestreet, 6 Md. 429.

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