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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 518   View pdf image (33K)
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518 CONVEYANCING. [ART. 21

notice; also, excepting such as were in suit pending in the courts of

law or equity of this State on March 27, 1878.

This is a curative statute. The power to pass such laws has been fre-
quently sustained by the court of appeals of Maryland. Wingert v. Zelgler,
91 Md. 326.

1904, art. 21, sec. 83. 1888, art. 21, sec. 82. 1888, ch. 485. 1890, ch. 120.

1900, ch. 3. 1904, chs. 123 and 258. 1906, chs. 1, 342, 516 and 783.

1908, ch. 259. 1910, ch. 588 (p. 64).

85. All deeds, mortgages, releases, bonds of conveyance, bills of
sale, chattel mortgages and all other conveyances of real or personal
property, or of any interest therein, which may have been executed,
acknowledged or recorded in the State subsequent to the passage of the
Act of the General Assembly of Maryland passed at its January Ses-
sion, 1858, chapter 208, which may not have been acknowledged accord-
ing to the laws existing at the time of said acknowledgment, or which
may not have been acknowledged before a proper officer, or when the
certificate of acknowledgment is not in the prescribed form or when the
official character of the officer taking the acknowledgment has not been
certified to as required by law, or where the conveyance has not been
witnessed to or sealed as required by law, shall be and the same are
hereby made valid, to all intents and purposes, as if the conveyance had
been acknowledged, certified to and witnessed according to law; pro-
vided the said deeds, mortgages, bonds of conveyance, bills of sale and
other conveyances are in other respects in conformity with the laws ;
provided further, that nothing in this section shall affect the interest
of bona fide purchasers or creditors, without notice, who may have
become so previous to April 8, 1910.

This is a curative statute. The power to pass such laws has been fre-
quently sustained by the court of appeals of Maryland. Wingert v. Zelgler,
91 Md. 326.

Cited but not construed in Erb v. Grimes, 94 Md. 106.

Ibid. sec. 84. 1898, ch. 49.

86. All mortgages and assignments of mortgages defectively sworn
to between the 27th day of March, 1896, and the 14th day of March,
1898. before any officer authorized by the laws of this State to admin-
ister oaths and take affidavits, shall be as valid as if the same had been
made in conformity with law.
See art. 66, sec. 29.

Ibid. sec. 85. 1900. ch. 656. 1902, ch. 102. 1904, ch. 78.

87. All mortgages and assignments of mortgages defectively sworn
to and recorded in this State between the 14th day of March. 1898, and
the 15th day of March, 1904, before any officer authorized by the laws
of this State to administer oaths or to take affidavits, shall be as valid
to all intents and purposes as if the said mortgages or assignments of
mortgages had been sworn to in conformity with law.
See art. 66, sec. 29.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 518   View pdf image (33K)
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