446 ARTICLE 16.

(4) of the Code of Public Local Laws, title " Baltimore City," sub-title
" Courts." The order granting or denying such issues shall be subject to
appeal.

Issues raised by bills and answers held not to be such as should be submitted
to a jury under this section; certainly all the issues should not be so submitted;
motion properly refused. Wilmer v. Placide, 118 Md. 324.

See notes to sec. 28.

An. Code, sec. 32. 1904, sec. 31. 1888, sec. 31. 1888, ch. 487.

33. A declaratory decree made under the five foregoing sections shall
be binding only on the parties to the suit and persons claiming through
them respectively; and where any of the parties are trustees, on the persons
for whom, if in existence at the date of the decree, such parties would be
trustees, and the court may, in its discretion, make a declaratory decree
as to the respective rights and legal characters of all or any of the parties
to the suit.

See notes to sec. 28.

An. Code, sec. 33. 1904, sec. 32. 1888, sec. 32. 1888, ch. 487.

34. Such decree shall be subject to the same right of appeal as other
decrees of courts of chancery.

As to appeals from courts of equity, see art. 5, sec. 30, et seq.

Deeds.

An. Code, sec. 34. 1904, sec. 33. 1888, sec. 33. 1785, ch. 72, sec. 11. 1791, ch. 79, secs. 2, 3.

1792, ch. 41, sec. 3.

35. In case any deed shall be executed, to the validity of which, re-
cording is necessary by law, and such deed hath not been recorded agreeably
to law, without any fraudulent intention of the party claiming under such
deed, the court shall have full power and authority, upon application of
the party claiming under such deed, and upon such notice being given to
the party making such deed, his heirs, devisee, executor or administrator, as
the court may direct, and being satisfied that the party claiming under
such deed has a fair and equitable claim to the premises therein mentioned,
to order and decree, without the appearance or hearing of the defendant,
that such deed shall be recorded; and when such deed is recorded, it shall,
in pursuance of such decree, be taken and considered in all courts of law
and equity against the party making such deed, his heirs, devisees, execu-
tors and administrators, in the same state, and to have the same effect and
consequences to all intents and purposes, as if such deed had been recorded
within the time prescribed by law; but such deed shall not destroy, or in
any manner affect the title of any purchaser of the same thing or premises
in case of a purchase made after the date of such deed, and without notice
of such deed by the person making such after-purchase, whether such pur-
chase be by contract or by deed recorded agreeably to law; nor shall such
deed, though recorded as aforesaid, in any manner affect the creditors of
the party making such deed, who may trust such party after the date of the
said deed. The provisions of this section to apply to non-residents as well
as to residents, and to infants and persons of unsound mind.