ART. 21] CONVEYANCING. 183
ARTICLE XXL
CONVEYANCING.
Defective Conveyances.
85-85A. Defectively acknowledged, wit-
nessed, sworn to or sealed con-
veyances, validated; proviso.
89-89A. Assignments of mortgage with-
out seal and mortgages and as-
signments improperly sworn to,
validated; provisos.
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Miscellaneous.
97. Sections 92 and 93 do not apply to
leases and sub-leases for busi-
ness purposes prohibiting assign-
ments or sub-leases without writ-
ten consent of landlord, and
when term, including renewals,
does not exceed twenty-five years.
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Conveyances in General.
19.
This section referred to in construing sections 85 and 88—see notes to
section 88. Eden St. Bldg. Assn. v. Lusby, 116 Md. 177.
21.
This section referred to in construing sections 85 and 88—see notes to
section 88. Eden St. Bldg. Assn. v. Lusby, 116 Md. 177.
Mortgages.
32.
A mortgage held void under this section as against the creditors of the
mortgagor independent of the question of actual or intentional fraud; the
assignee of the mortgage stands in no better position than the assignor.
A deed held to be strictly and technically a mortgage within the meaning
of this section and void as to all persons except the parties; nor can the
mortgage be upheld as a mortgage of indemnity. Purpose of this section.
The consideration mentioned in a deed if false could not be bona fide,
nor if untrue could it be therein set forth in good faith. Ressmyer v.
Norwood, 117 Md. 330.
34.
The short form of assignment of mortgage authorized by this section
may be either written on the mortgage record or endorsed on the original
mortgage itself. Morrow v. Stanley, 119 Md. 597.
35.
See notes to section 34.
Bills of Sale.
43.
A bill of sale held to be void under this section and section 52, and that
there was no proof of such a delivery as would defeat the operation of
this section. Mundy v. Jacques, 116 Md. 13.
In view of this section and of sections 45, 47, 48 and 50. a chattel mort-
gage on a vessel not documented, which was not recorded as required,
did not create a lien as against the mortgagor's trustee in bankruptcy.
Purpose of the above sections. Millikin v. Second Natl. Bank, 206 Fed. 16.
As to charges on petty loans, contents of bills of sale, etc., see article 56,
sections 21A to 21C.
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