ART. 16] TRUSTEE. 435

In the absence of fraud, this section has no application where the plaintiff
in a pending suit assigns her interest in the prospective judgment to her
counsel as trustee, with certain directions as to the distribution of the pro-
ceeds. United Rys.. etc., Co., v. Rowe, 97 Md. 658.

This section has no application to trustees appointed by will. Philbin v.
Thurn, 103 Md. 346.

This section applies only to the suretyship of natural persons. Gaus v.
Carter, 77 Md. 9. And see Herzberg v. Warfield, 76 Md. 450.

Generally.

A deed of trust under this section comes within the general Registration
laws of this state, and the place of record is governed accordingly. If the
deed and bond are recorded in the wrong place, the property is subject to
attachment in the hands of the trustee. Steifel v. Barton, 73 Md. 410 (decided
prior to the act of 1892. ch. 241).

Where property is attached between the date of, the record of a deed of
trust and the filing of the bond under this section, the attachment is valid;
contra if the attachment is laid after the record of the deed and the filing
of the bond. White v. Pittsburg Bank, 80 Md. 5; Fidelity Co. v. Haines, 78
Md. 457. And see Steifel v. Barton, 73 Md. 410.

The bond of a surety company authorized by an act amending Its charter
to become sole surety, upheld under this section. Miller v. Matthews, 87 Md.
477; Cans v. Carter. 77 Md. 7. And see Herzberg v. Warfleld, 76 Md. 450.

Change made in this section by the act of 1900, ch. 114. This section
referred to in construing section 238—see notes thereto. Union Trust Co. v.
Ward, 100 Md. 100.

For cases involving section 116 of article 81 of the code of 1860 (analogous
in some of its provisions to this section), see Sixth Ward Bldg. Assn. v. Will-
sou, 41 Md, 512; Reeside v. Peter, 33 Md. 127; Withers v. Denmead, 22 Md.
146; Furlong v. Edwards, 3 Md. 99.

1904. art. 1C, sec. 222. 1900, ch. 114, sec. 205 A.

238. When any estate, real, personal or mixed shall be limited or
conveyed to any trustee as security for debt, or to be sold upon a con-
tingency, it shall not be necessary for such trustee to file a bond until
after the contingency happens, or a sale is about to be made in pursu-
ance of the power contained in the deed or instrument creating the
trust, and every such trustee before making sale shall file with the
clerk of the court in which the deed or instrument creating the trust
is recorded a bond in such penalty as the clerk may prescribe, being as
nearly as can be ascertained double the amount of the trust estate, and
with sureties to be approved by the clerk, conditioned for the faithful
performance of the trust reposed in such trustee, which bond shall be
retained and recorded in the office of the said clerk, and shall report
all sales made by him to the court of equity having jurisdiction in the
premises, in the same manner and subject to the same rules as are
required and prescribed in relation to sales made in pursuance of
decrees of courts of equity in this State; and no sale made by any such
trustee without such bond shall be valid or pass any title to such prop-
erty or estate. If the trust estate consists of real property, or of real
and personal property, situated partly in the county or city in which
the grantor resides, and partly in one or more other counties, it shall
be sufficient that a bond has been accepted and filed in the county of
the grantor's residence; if the trust estate consists entirely of real
estate, in a county or counties other than of the residence of the grantor.