2322 ARTICLE 73A.

(2) But any association formed under any other statute of this State,
or any statute adopted by authority, other than the authority of this State,
is not a partnership under this article, unless such association would have
been a partnership in this State prior to the adoption of this article; but
this article shall apply to limited partnerships except in so far as the
statutes relating to such partnerships "are inconsistent herewith.

An. Code, sec. 7. 1916, ch. 175, sec. 7.

7. (RULES FOR DETERMINING THE EXISTENCE OF A PARTNERSHIP.)
In determining whether a partnership exists, these rules shall apply:

(1) Except as provided by section 16 persons who are not partners as
to each other are not partners as to third persons.

(2) Joint tenancy, tenancy in common, tenancy by the entireties, joint
property, common property, or part ownership does not of itself establish
a partnership, whether such co-owners do or do not share any profits made
by the use of the property.

(3) The sharing of gross returns does not of itself establish a part-
nership, whether or not the persons sharing them have a joint or common
right or interest in any property from which the returns are derived.

(4) The receipt by a person of a share of the profits of a business is
prima facie evidence that he is a partner in the business, but no such infer-
ence shall be drawn if such profits were received in payment:

(a) As a debt by installments or otherwise,

(b) As wages of an employee or rent to a landlord.

(c) As an annuity to a widow or representative of a deceased partner,

(d) As interest on a loan, though the amount of payment vary with
the profits of the business,

(e) As the consideration for the sale of the good-will of a business or
other property by installments or otherwise.

This section referred to in holding a surviving partner to his contract, to conduct
business for five years and pay widow of deceased partner a portion of earnings of
business. Appointment of receiver denied. See notes to sec. 31. Gerding v. Baier,
143 Md. 526.

An. Code, sec. 8. 1916, ch. 175, sec. 8.

8. (PARTNERSHIP PROPERTY.) (1) All property originally brought
into the partnership stock or subsequently acquired, by purchase or other-
wise, on account of the partnership is partnership property.

(2) Unless the contrary intention appears, property acquired with part-
nership funds is partnership property.

(3) Any estate in real property may be acquired in the partnership
name. Title so acquired can be conveyed only in the partnership name.

(4) A conveyance to a partnership in the partnership name, though
without words of inheritance, passes the entire estate of the grantor unless
a contrary intent appears.