496 CONVEYANCING. [ART. 21

Md. 198; General Ins. Co. v. United States Ins. Co., 10 Md. 517; Wichester
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. 250; Ohio Life Ins. Co. v. Ross. 2 Md. Ch. 26; Hudson

v. Warner, 2 PI. & G. 415.

Where a mortgage s recorded in due time, a judgment against the mort-
gagor entered between the date of the deed and the date of its record, binds,
the equity of redemption only. Knell v. Green St. Bldg. Assn.. 34 Md. 70;
Ahern v. White, 39 Md. 420.

This section referred to as showing the indispensable necessity of the regis-
tration of deeds. Intent and effect of this section. Nickel v. Brown, 75 Md.
186.

This section applied. Beehler v. Ijams, 72 Md. 196; Harding v. Alien. 70
Md. 398; Rosenthal v. Maryland Brick Co., 61 Md. 594.

See notes to sections 1 and 13.

1904, art. 21. sec. 15. 1888, art. 21. sec. 15. 1860. art. 24. sec. 15. 1856. ch. 154.

sec. 102.

15. No deed of real property shall be valid for the purpose of pass-
ing title unless acknowledged and recorded as herein directed.

Although a deed be defectively executed or acknowledged, or not recorded
in time, it is effective as between the parties, and against third persona with
actual notice. Proof of notice. Johnson 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. McAtee, 2 Md. Ch. 256; Ohio Life Ins. Co. v. Ross, 2 Md. Ch. 26; Hudson
v. Warner. 2 H. & G. 415.

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 indespensable necessity of the regis-
tration of deeds. Nickel v. Brown, 75 Md. 186.

This section referred to in construing sections 10 and 19. Brydon v.
Campbell. 40 Md. 336.

See notes to sections 1 and 13.

Ibid. sec. 16. 1888. art. 21. sec. 16. 1860. art. 24. sec. 16. 1825, ch. 203, sec. 1
16. Where there are two or more deeds conveying the same lands or
chattels real, the deed or deeds which shall be first recorded according to
law shall be preferred, if made bona fide and upon good and valuable
consideration. This section to apply to all deeds of mortgage, and to
all other deeds or Conveyances to the validity of which recording is
necessary.

The deeds referred to in this section are those to bona fide purchasers.
Who are such purchasers? An assignment for the benefit of creditors is
not such a deed as is contemplated by this section. Tyler v. Abergh. 65 Md.
20. And see Busey v. Reese. 38 Md. 267.

The subsequent mortgage first recorded, will not have priority, if notice
of a prior mortgage is clearly proved so as to make the transaction fraudu-
lent. Proof held sufficient. Willard v. Ramsbnrg, 22 Md. 217. Cf. General
Ins. Co. v. United States Ins. Co.. 10 Md. 524; Clabaugh v. Byerly. 7 Gill.
361; T'nited States Ins. Co. v. Shriver. 3 Md. Ch. 383

This section applied. Failure of proof of notice of prior mortgage. Evi-
dence. Swartz v. Chickering, 58 Md. 294: Geueral Ins. Co. v. United States
Ins. Co., 10 Md. 524: Clabaugh v. Byerly. 7 Gill. 361; United States Ins. Co.
v. Shriver, 3 Md. Ch. 383.

This section has no application to judgments. The Judgment creditor is
not a bona fide purchaser. Knell v. Green St. Bldg. Assn.. 34 Md. 71.