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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 495   View pdf image (33K)
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ART. 21] RECORDS 495

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; T'uited
States Ins. Co. v. Shriver, 3 Md. Ch. 381; Salmon v. Clagett, 3 Bl. 125; Gill. v.
McAtee, 2 Md. Ch. 256; Ohio Life Ins. Co. v. Ross, 2 Md. Ch. 26; Hudson v.
Warner, 2 H. & G. 415.

The recording of a defectively acknowledged deed, does not operate as con-
structive notice. Cockey v. Milne, 16 Md. 207; Johns v. Scott, 5 Md. 81.

Generally.

The acknowledgment must be recorded along with the deed, and if it is
not so recorded, the record gives no additional validity to the deed. When a
certified copy of a deed from the record is admissable in evidence. How
the time of the record of a deed may be proven and when it is a question of
law, and when a matter for the Jury. Budd v. Brooke. 3 Gill. 230. And see
Johns v. Renrdon, 3 Md. Ch. 60; Carroll v. Norwood. 1 H. & J. 167; Smith

v. Steele, 3 H. & McH. 103.

Under this section, a deed of trust for the benefit of creditors conveying
real property, must be recorded within six mouths in the county where the
real estate lies. Stiefel v. Barton, 73 Md. 411. Cf. Hoopes v. Knell, 31 Md.
555.

An assignment of a mortgage of a term of more than seven years, if not
recorded, is invalid to pass the legal title. Lester v. Hardesty, 29 Md. 54.

This section referred to as showing the indispensable necessity of the regis-
tration of deeds. The recording is the final and complete act which passes
title; until this is accomplished, everything else is unavailing. Nickel v.
Brown, 75 Md. 186.

A deed recorded in time as to the real estate, upheld as to such realty,
although invalid as to the personal property. Hoopes v. Knell, 31 Md. 554.

In the light of this section, and of sections 15 and 31. a plaintiff in eject-
ment was held to have an equitable title only to the portion of a tract of land
lying In Worcester county, where the land lay partly in Worcester and partly
in Somerset county, and a mortgage and deed (of the whole tract) under
which the plaintiff claimed, was recorded in Somerset county only. West v.
Pusey, 113 Md. 572.

For a mortgage recorded in the wrong court, and hence, a copy thereof
held not admissable in evidence, see Gassaway v. Dorsey, 4 H. & McH. 405

A mortgage held to be duly recorded under this section. Knell i: Green
St. Bldg. Assn., 34 Md. 70.

This section referred to in construing sections 10 and 19. Brydou v. Camp-
bell, 40 Md. 336.

As to the recording of bills of sale and chattel mortgages, see sections 47
and 48.

See also, sections 1, 15, 16, 19, 20, 21 and 28, and notes.

1904, art. 21, sec. 14. 1888, art. 21, sec. 14. 1860, art. 24, sec. 14.
1856, ch. 154, sec. 100.

14. Every deed of real property, when acknowledged and recorded
as herein directed, shall take effect as between the parties thereto from
its date.

A deed not recorded as provided in section 13, does not affect existing cred-
itors, 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 In-
charged with notice, by possession or otherwise. Hearn v. Purnell, 110 Md.
466. And see Hoffman v. Gosnell. 75 Md. 590: Sixth Ward Bldg. Assn v.
Willson. 41 Md. 514.

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. Johnson v. Canby. 29 Md. 211; Phlllips v.
Pearson. 27 Md. 249; Bryan v. Harvey. 18 Md. 127: Williams v. Ranks 11

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 495   View pdf image (33K)
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