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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 519   View pdf image (33K)
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ART. 21] DEFECTIVE CONVEYANCES——"DYING WITHOUT ISSUE." 519

1908, ch. 105.

88. All instruments, to wit, deeds, mortgages, releases, bonds of
conveyance, bills of sale, chattel mortgages, assignments of. mortgages
and all conveyances of real or personal property, or of any interest
therein, which have been heretofore executed and acknowledged which
have not been sealed, acknowledged, witnessed or certified to according
to the, law then existing, shall be and they are hereby made valid to all
intent and purposes as if the same, had been in such matter in full con-
formity with the law then in force; provided, that such instruments are
in other respects legal and valid and are duly recorded; and provided
further, that nothing in this section shall affect the rights of bona fide
purchasers or credits* without notice, who became so prior to March
19, 1908.

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

89. Any assignment of any mortgage, which assignment has been
heretofore executed and recorded, but which has not been sealed and in
which no mention of any seal has been made or in which either of such
defects exists, shall be and they are hereby made valid to all intents
and purposes, as if said assignment had been in such matters in full
conformity with the law in force at the time of such execution; pro-
vided, that, any such assignment is in other respects legal and valid;
and provided further, that nothing in this section shall affect the rights
of any bona fide purchaser or creditor without notice, who becomes so
prior to April 8, 1910.

This section is substantially the same as art. 66, sec. 30.

Miscellaneous.

1904, art 21, sec. 86. 1888, art. 21, sec. 83. 1886, ch. 236.

90. In any deed executed after the 7th day of April, 1886, of any
real or personal estate, the words "die without issue," or "die without
leaving issue." or "have no issue," or any other words which may import
either a want or a failure of issue of any person in his lifetime, or at
the time of his death, or an indefinite failure of his issue, shall be con-
strued to mean a want or failure of issue in the, lifetime, or at the time
of the death of such person, and not an indefinite failure of his issue,
unless a contrary intention shall appear by the deed.

This section referred to in construing article 93, section 332—see notes
thereto. Gambrill v. Forest Grove Lodge, 66 Md. 35 (dissenting opinion).

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

For a similar section applicable to wills, see art. 93, sec. 332.

Ibid. sec. 87. 1888, art. 21, sec. 84. 1882, ch. 215, secs. 1 and 2.
1910, ch. 438 (p. 64).

91. Tn all cases where any railroad equipment and rolling stock, or
other personal property to be used in or about the operation of any
railroad shall be sold to any person firm or corporation, to be paid
for in whole or in parts by instalments, or shall be leased, rented, hired

*Evidently a typographical error.

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 519   View pdf image (33K)
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