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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 493   View pdf image (33K)
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ART. 21] REQUISITES OF DEED. 493

3d. The time when it was taken.

4th. A statement that the grantor acknowledged the deed to be his
act, or made an acknowledgment to the like effect.

Where a mortgage by a corporation is acknowledged by the attorney as
"his" act, the acknowledgment though formally defective, was held valid in
the light of the mortgage Itself. Frostburg Bldg. Assn. v. Brace, 51 Md. 510.
And see Basshor v. Stewart, 54 Md. 380.

An acknowledgment reading "on this —— day of August," etc., Is valid
when the true date appears from the mortgage itself, from the certificate of
the clerk and from the date of record. Kelly v. Rosenstock, 45 Md. 394.
As to acknowledgments by a corporation, see art. 23, sec. 99.

1904, art. 21, sec. 9. 188S, art. 21, sec. 9. 1860, art. 24, sec. 9. 1856, ch. 154, sec. 24.

9. All deeds conveying real estate which shall contain the names of
the grantor and grantee, or bargainer and bargainee, a consideration in
cases where a consideration is necessary to the validity of a deed, and
a description of the real estate sufficient to identify the same with rea-
sonable certainty, and the interest or estate intended thereby to be con-
veyed, shall be sufficient, if executed, acknowledged and recorded as
herein required.

Object of this section. A general description of all the grantor's property
held sufficient. Roberts v. Roberts, 102 Md. In3; Lewis v. Kinnaird, 104
Md. 658.

The omission of the grantee's name from the granting clause, is immaterial
if his name appears elsewhere on the face of the deed. Bay v, Posner, 78
Md. 47.

The description of grantees in a mortgage by their firm name only, held
sufficient. Bernstein v. Hobelman, 70 Md. 40.

A deed designating the grantee as the owner of a certain house, is not
sufficient. This section probably requires that the name of the grantee
should always be set forth In the deed. Schaidt v. Blaul, 66 Md. 144.
For forms of deeds and mortgages, see sec. 54, et seq.
As to the meaning and effect of various covenants, see sec. 72, et seq.
As to the meaning of the words "die without issue,'' or similar words, see
sec. 90.

As to what a bill of sale should contain, see sec. 44.

Ibid. sec. 10. 1888. art. 21, sec. 10. 1860. art. 24, sec. 10. 1856, ch. 154, sec. 25.

10. Every deed conveying real estate shall be signed and sealed by
the grantor or bargainer, and attested by at least one witness.

This section does not declare a deed invalid because it is not attested.
Such deeds are valid under section 19, as against the grantor and purchasers
with notice. The lack of attestation does not avoid the effect of registration,
or its operation as constructive notice. Brydon v. Campbell, 40 Md. 337.

No attestation is required to render a mortgage of real estate valid. The
attestation is not part of the execution of a deed. Carrico v. Farmers', etc.,
Bank, 33 Md. 244.

The certificate of acknowledgment is not conclusive of the fact of the sign-
ing and sealing. Signing by mark. Evans v. Horan. 52 Md. 608.

Proof held sufficient that a mortgage was sealed at the time of Its record,
notwithstanding the absence of a seal thereafter. Van Riswick v. Goodhue
50 Md. 61.

Ibid. sec. 11. 1888. art. 21. sec. 11. 1860. art. 24. sec. 11. 1856. ch. 154,

secs. 10, 11.

11. No words of inheritance shall be necessary to create an estate
in fee simple, but every conveyance of real estate shall be construed to

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 493   View pdf image (33K)
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