494 CONVEYANCING. [ART. 21

pass a fee simple estate, unless a contrary intention shall appear by
express terms or be necessarily implied therein.

Words of limitation or inheritance are not essential to create an estate iu
fee. Hawkins v. Chapman, 36 Md. 94; Farquharson v. Eichelberger, 15 Md.
73.

This section was never intended to apply to a reservation of privileges, the
granting of an easement, or a covenant in a deed to a railway company that
the company will maintain a station on the land conveyed Maryland, etc.,
R. R. Co. v. Silver. 110 Md. 516; Ross v. McGee, 98 Md. 394.

This section applied. Rogers v. Cobb, 89 Md. 167.

For the law prior to the act of 1856, ch. 154, see Hofsass v. Mann, 74 Md.
405; Foos v. Scarf, 55 Md. 311; Merritt v. Disney, 48 Md. 350.

As to covenants in a deed running from and to heirs, personal representa-
tives, etc., see sec. 72.

For a similar section applicable to wills, see art. 93. sec. 327.

1904. art. 21, sec. 12. 1888, art. 21. sec. 12. 1860, art. 24, sec. 12. 1856. ch. 154,

secs. 12, 20.

12. The word "grant," the phrase "bargain and sell," in a deed, or
any other words purporting to transfer the whole estate of the grantor
shall be construed to pass to the grantee the whole interest and estate
of the grantor in the lands therein mentioned, unless there be limita-
tions or reservations showing, by implication or otherwise, a different
intent.

If a party purchases what is in realty a leasehold estate, the fact that the
deed iu form conveys the property In fee, does not enlarge the estate con-
veyed. Worthiugton v. Lee. 61 Md. 539.

This section applied. Rogers K. Cobb, 89 Md. 167.

As to the law prior to the adoption of this section, see Evans v. Brady, 79
Md. 143.

As to conveyanes bordering on streets and highways carrying to the centre
thereof, see sec. 96.

Ibid. sec. 13. 1888, art. 21, sec. 13. 1860. art. 24. sec. 13. 1856. ch. 154. sees. 96, 97.

13. Every deed of any of the interests or estates mentioned in the
first section of this article shall be recorded within six months from its
date, in the county or city in which the land affected by such deed
lies; and where it lies in more than one county, or in the city of Balti-
more and a county, it shall be recorded in all the counties and the said
city in which such land lies.

Creditors, notice; parties.

A deed not recorded as provided by this section does not affect existing
creditors or creditors becoming such between the date of the deed and the
date of its record. As to such creditors without notice, the deed is valid and
effective only as a contract for the conveyance. Creditors held not to be
charged with notice, by possession or otherwise. Hearn v. Pnruell. 110 Md.
466. And see Hoffman v. Gosnell. 75 Md. 590; Sixth Ward Bldg. Assn v.
Willson. 41 Md. 514.

The rights of creditors subsequent to the date of a mortgage not recorded
as, provided in this section, will be protected in equity as well as at law.
Such creditors share pro fata with the mortgagee. Sixth Ward Bldg Assn
v. Wlllson, 41 Md. 514.

Where a succession of mortgages—the first given to secure a loan and the
others to secure renewals thereof every forty-five days thereafter—were with-
held from record for more than six months for the purpose of upholding the
mortgagor's credit, the last of the series of mortgages, although recorded in
due time, is void as to creditors and the mortgagor's trustee in bankruptcy.
In Re Noel, 137 Fed. 694. And see Gill v. Griffith, 2 Md. Ch. 282. Cf. Alex-
ander v. Ghiselin, 5 Gill. 180.