CONVEYANCING. 623
An. Code, sec. 78. 1904, sec. 76. 1888, sec. 75. 1864, ch. 252, sec. 7.
80. A covenant by grantor, in deed for land, " that he has done no act
to encumber said land," shall be construed and have the same effect as if
he had covenanted that he had not done or executed, or knowingly suffered
any act, deed or thing whereby the land and premises conveyed, or intended
so to be, or any part thereof, are or will be charged, affected or incumbered
in title, estate or otherwise.
An. Code, sec. 79. 1904, sec. 77. 1888, sec. 76. 1864, ch. 252, sec. 8.
81. A covenant by a grantor, in a deed for land, " that he will execute
such further assurances of said land as may be requisite," shall have the
same effect as if he had covenanted that he, the grantor, his heirs or per-
sonal representatives, will, at any time, upon any reasonable request, at
the charge of the grantee, his heirs or assigns, do, execute or cause to be
done and executed, all such further acts, deeds and things, for the better,
more perfectly and absolutely conveying and assuring the lands and prem-
ises hereby conveyed, or intended so to be, unto the grantee, his heirs and
assigns, in manner aforesaid, as by the grantee, his heirs and assigns, or his
or their counsel, learned in the law, shall be reasonably devised, advised or
required.
An. Code, sec. 80. 1904, sec. 78. 1888, sec. 77. 1864, ch. 252, sec. 9.
82. All deeds which have been heretofore executed in pursuance of the
provisions contained in the eight preceding sections shall be as valid and
effectual as if the covenants in said deeds had been expressed therein, in
full.
An. Code, sec. 81. 1904, sec. 79. 1888, sec. 78. 1872, ch. 451.
83. All deeds of conveyance heretofore or hereafter duly executed,
acknowledged and recorded according to law, among the land records in
any county in this State, by executors or the last will and testament, exe-
cuted with the formalities required for the passing of real estate by the laws
of this State, and proved according to law, of any non-resident testator,
conveying lands lying in said county, shall be as valid and effectual in law
and equity as if made by executors under last will and testament, duly exe-
cuted, proved and recorded in the office of the register of wills in this State,
for lands lying therein, and whose sales of real estate under the authority
of said will were duly made and reported to and ratified by an orphans'.
court in this State; provided, that an authenticated copy of the said last
will and testament shall have been filed and recorded in the office of the
register of wills of the county where the lands lie; and provided further,
that full authority was given by the said last will and testament to the
executors to sell and convey the said real estate.
The executor of a non-resident testator is not required to report sales of land to
the orphans' court of the county where the land is located. Smith v. Montgomery,
75 Md. 139 (explaining Norment v. Brydon, 44 Md. 112).
The essentials of the jurisdiction of the orphans' court over the sale of land under
this section owned by a non-resident testator, set out, and held not to have been
|
|