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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 605   View pdf image (33K)
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CONVEYANCING. 605

This section does not impair the rights of parties claiming under a trust, nor
equitable rights and liens. Carson v. Phelps, 40 Md. 100.

This section has no application to a question of priority between a mortgage and
a judgment. Mortgages are especially excepted from its operation. Knell v. Green
St. Bldg. Assn., 34 Md. 72.

This section does not affect the rule established by previous sections, that title
does not pass until the deed is recorded. Nickel v. Brown, 75 Md. 187.

This section referred to in construing sees. 87 and 90—see notes to sec. 90. Eden
St. Bldg. Assn. v. Lusby, 116 Md. 177.

Cited but not construed in Coombs v. Jordan, 3 Bl. 325.

See notes to sec. 19.

An. Code, sec. 21A. 1916, ch. 618.

22. Whenever by reason of the failure to record any deed or other
conveyance within six months from its date, any creditors of the grantor
in such deed or other conveyance become, under the statutes of Maryland,
entitled to assert their claims against the property conveyed by such deed
or other conveyance or any interest therein, such creditors shall proceed in
a court of equity (without the necessity of prior proceedings at law) to
obtain a decree for the sale of such property or any interset therein within
six months after the recording of such deed or other conveyance, or be
thereafter absolutely barred from asserting their claims against such prop-
erty or any interest therein. In the case of deeds or other conveyances now
on record, which have been recorded after six months from their date,
such proceedings shall be taken within six months from June 1, 1916. For
the purpose of this section, the true date of a deed or other conveyance of
real or leasehold property or any interest therein, from which date the six
months period must be counted, shall be deemed to be the date of the
acknowledgment of the same; and in case of several acknowledgments made
at different times, the true date shall be the date of the acknowledgment
which is last in point of time. For the purpose of asserting their rights
under this Article, the claims of creditors of the grantor not due at the
date of the recording of the deed shall be considered as due and enforceable
at such date. This section shall not affect the rights of creditors to assert
their claims against the grantor in personam, and nothing herein contained
shall change the legal effect of the taking of possession of the property by
the grantee as provided in Section 20 of this Article. This section shall not
apply to mortgages.

An. Code, sec. 22. 1904, sec. 22. 1888, sec. 22. 1860, ch. 133, sec. 2.

23. When any deed has been acknowledged before a commissioner ap-
pointed to take the acknowledgment of deeds out of the State, whether the
commissioner had qualified or not by taking the oath and transmitting his
signature and the impression of his seal to the secretary of State, as required
by law, the same shall be as valid as if said commissioner had been duly
qualified and was duly authorized to take acknowledgments of deeds; and
when any commissioner to take acknowledgments of deeds out of this State
had duly qualified and was acting as such previous to the passage of the act
of eighteen hundred and fifty-two, chapter one hundred and six, and con-
tinued so to act, without having qualified as required by the said act, and
as such commissioner took the acknowledgment of any deed or mortgage,

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 605   View pdf image (33K)
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