490 CONVEYANCING. [ART. 21

This section applies (both at law and in equity) to grants of, or covenants
for, easements in land. Dawson v. Western Maryland R. R. Co., 107 Md. 93.
Cf. Addison v. Hack, 2 Gill, 228.

Mortgages of equitable interests in land, are within the purview of this
section. General Ins. Co. v. United States Ins. Co., 10 Md. 524; United
States Ins. Co. v. Shriver, 3 Md. Ch. 383. And see South Baltimore Harbor
Co. v. Smith, 85 Md. 543.

This section will be applied in equity, as well as at law. Sixth Ward Bldg.
Assn. v. Willson, 41 Md. 514.

This section applies to an assignment of a mortgage for a term of more
than seven years. Lester v. Hardesty, 29 Md. 50.

This section applied to a deed to a trustee in insolvency. Greenleaf v.
Birth, 6 Pet. 302.

Generally.

Although a deed be defectively executed, or acknowledged, or not recorded
in time, it is effective as between the parties, and against third persons with
actual notice. Proof of notice. Johnston v. Canby, 29 Md. 211; Phillips v.
Pearson, 27 Md. 249; Bryan v. Harvey, 18 Md. 127; Williams v. Banks, 11
Md. 198; General Ins. Co. v. United States Ins. Co., 10 Md. 517; Winchester
v. Baltimore, etc., R. R. Co., 4 Md. 231; Price v. McDonald, 1 Md. 403;
United States Ins. Co. v. Shriver, 3 Md. Ch. 381; Salmon v. Clagett, 3 Bl. 125;
Gill v. McAttee, 2 Md. Ch. 256; Ohio Life Ins. Co. v. Ross, 2 Md. Ch. 26; Hud-
son v. Warner, 2 H. & G. 415.

Title cannot be acquired by parol gift followed by actual possession, how-
ever long and exclusively continued. No simple act in pais is sufficient to
give title. Possession under color of title, distinguished. Walsh v. McIn-
tyre, 68 Md. 415; Polk v. Reynolds, 31 Md. 112: Mayhew v. Hardesty, 8
Md. 495.

A deed is to be considered as made on the day on which it is signed, sealed
and delivered, although it is not acknowledged until a later date. Wood v.
Owings, 1 Cranch. 239.

A mortgage held to have been executed, acknowledged and recorded as
required by this section. Knell v. Green St. Bldg. Assn., 34 Md. 70.

Design and construction of the registration laws. No exception is made in
the registry laws, of instruments creating trusts. Hoffman v. Gosnell, 75
Md. 588; Sitler v. McComas, 66 Md. 138; Hoopes v. Knell, 31 Md. 555; Nelson
v. Hagerstown Bank, 27 Md. 73; Cooke v. Kell, 13 Md. 492; General Ins. Co.
v. United States Co., 10 Md. 524; George's Creek Co. v. Detmold, 1 Md. 240;
United States Ins. Co. v. Shriver, 3 Md. Ch. 384.

For cases involving the act of 1766, ch. 14, see Fouke v. Fleming, 13 Md.
408; Lawrence v. Helster. 3 H. & J. 377; Carroll v. Norwood, 1 H. & J. 178;
Paca v. Forwood, 2 H. & McH. 189; Sim v. Deakine, 2 H. & McH. 47;
Griffith v. Ridgely, 2 H. & McH. 418; Brown v. Lynch, 1 H. & McH. 218.

This section referred to in construing section 12. Worthington v. Lee, 61
Md. 539.

Cross references.

For forms of deeds and mortgages, see sec. 54, et scq.

As to defective conveyances, see sec. 82. et seq.

As to mortgages, see sec. 31, et seq.

As to bills of sale and chattel mortgages, see sec. 43, et seg.

See also, sections 10, 13, 14, 15, 16, 19, 20 and 21.

As to the power of married women to convey their property, see art. 45,
sec. 4.

As to how and where clerks are to record and index deeds, mortgages, etc.,
see art. 17, sec. 55, et seq.

1904, art. 21, sec. 2. 1888, art. 21, sec. 2. 1860, art. 24, sec. 2.
1856, ch. 154, sec. 83. 1890, ch. 232.

2. Jf acknowledged in the county or city within which the real
estate or any part of it lies, the acknowledgment may be made before:
1st. A justice of the peace for such city or county.