ART. 21] BILLS OF SALE. 507

Application of this section.

The vendor held not to have remained in possession of the property, and
hence, the application of this section denied. Biemiller 1;. Schneider, 62 Md.
559; Pusey v. Potomac Bridge Co., 8 Md. 478; Bryan v. Hawthorne, 1 Md. 523.

This section has no reference to a case where the title has been vested by
the laws of another state, but operates only on sales, mortgages and gifts
made in Maryland. Bank of United States v. Lee, 13 Pet. 120.

Generally.

This section referred to as stowing that the mortgagee does not become
entitled to substituted or after-acquired chattels. Crocker v. Hopps, 78 Md.
263.

Where the mortgage has been duly sworn to and recorded, it has the same
effect as if the mortgagee had been put in possession of the mortgaged prop-
rety. Gaboon v. Mlers, 67 Md. 579; Clary v. Frayer, 8 G. & J. 398; Hamilton
v. Hayward, 4 H. & J. 443.

A bill of sale held to be duly executed, acknowledged and recorded as
required by this section. Kreuzer v. Cooney, 45 Md. 590; Bruce v. Smith, 3
H. & J. 503. Cf. Coale v. Harrington, 7 H. & J. 155.

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.

Title held invalid because of failure to comply with this section. Warnick

v. Michael. 11 G. & J. 159.

This section referred to in construing section 52. Pleasanton v. Johnson.
91 Md. 676; Mackintosh v. Corner. 33 Md. 606.

For forms of a bill of sale and chattel mortgage, see sections 63 and 64.

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

As to railroad equipment and rolling stock, see sec. 91.

As to how and where clerks are to record and index bills of sale, etc., see
art. 17, sec. 55.

1904, art. 21, sec. 42. 1888, art. 21, sec. 41. 1860, art 24, sec. 40. 1856, ch. 154,

sees. 124, 125.

44. Any bill of sale of personal property shall be sufficient in form
if it contain the names of the parties, the consideration, a description
of the property conveyed, and be signed and sealed by the vendor, and
dated.

As to an implied covenant to pay the mortgage debt, see sec. 49.
See also, sec. 4, et seq.

Ibid. sec. 43. 1888, art. 21, sec. 43. 1860, art. 24, sec. 44. 1729, ch. 8, sec. 5.
1856, ch. 154, sec. 129. 1878, ch. 139. 1892, ch. 663.

45. A bill of sale or chattel mortgage, if acknowledged within this
State, may be acknowledged before any officer authorized to take
acknowledgments of deeds within this State in the same manner as
deeds are acknowledged, or acknowledged as certified.

This section referred to and construed in connection with section 3—see
notes to section 3. Fersner v. Bradley, 87 Md. 492.

This section cited in construing section 47. Fouke v. Fleming, 13 Md. 407.

Ibid. sec. 44. 1888, art 21, sec. 43. 1860, art. 24, sec. 45. 1856, ch. 154, sec. 130.

46. If acknowledged out of the State, before any officer authorized
to take acknowledgment of deeds.

For an acknowledgment held invalid under the act of 1856, ch. 154, sec
Berry v. Matthews, 13 Md. 560.

This section cited in construing section 47. Fouke v. Fleming, 13 Md. 407.
Cited but not construed in Stiefel v. Barton, 73 Md. 411.