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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 625   View pdf image (33K)
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CONVEYANCING. 625

the seal of the notary public before whom the acknowledgment was taken,
having been first attached, when the grantor resided in another State, and
the acknowledgment was made in that State, shall be valid to all intents and
purposes as if such defect and omission did not exist; provided, that the
execution and acknowledgment of such deeds in all other respects con-
formed to the laws of this Sta.te, in such cases made and provided; saving,
nevertheless, the rights of bona fide purchasers and incumbrancers without
notice; also, excepting such as were in suit pending in the courts of law
or equity of this state on March 27, 1878.

This is a curative statute. The power to pass such laws has been frequently sus-
tained by the court of appeals. Wingert v. Zeigler, 91 Md. 326.

An. Code, sec. 85. 1904, sec. 83. 1888, sec. 82: 1888, ch. 485. 1890, ch. 120. 1900, ch. 3.

1904, chs. 123 and 258. 1906, chs. 1, 342. 516 and 783. 1908. ch. 259.

1910, ch. 588 (p. 64). 1912, ch. 85. 1914, ch. 259. 1916, ch. 151, sec. 1.

1918, ch. 396, sec. 1. 1920, ch. 554, sec. 1. 1922, ch. 544, sec. 1.

1924, ch. 431, sec. 85.

87. All deeds, mortgages, releases, bonds of conveyance, bills of sale,
chattel mortgages and all other conveyances of real and personal property,
or of any interest therein or agreements relating thereto which may have
been executed, acknowledged or recorded in the State subsequent to the pas-
sage of the Act of the General Assembly of Maryland, passed at its January
Session, 1858, Chapter 208, which may not have been acknowledged ac-
cording to the laws existing at the time of said acknowledgment, or which
may not have been acknowledged before a proper officer, or when the certifi-
cate of acknowledgment is not in the prescribed form, or when the official
character of the officer taking the acknowledgment is not set out in the body
of the certificate, or has not been certified to as required by law, or where the
conveyance has not been witnessed to or sealed as required by law, or when
any deed heretofore made to or from a corporation prior to the payment of
bonus tax which was afterwards paid, shall be and the same are hereby
made valid, to all intent and purposes as if the conveyances and agree-
ments had been acknowledged, certified to, witnessed and sealed according
to law; providing the said deeds, mortgages, bonds or conveyances, bills of
sale and other conveyances and agreements are in other respects in conform-
ity with the laws; provided, further, that nothing in this section shall
affect the interest of bona fide purchasers or creditors, without notice, who
may have become so previous to June 1, 1924.

This is a curative statute. The power to pass such laws has been frequently sus-
tained by the court of appeals. Wingert v. Zeigler, 91 Md. 326.

Cited but not construed in Erb v. Grimes, 94 Md. 106.

See notes to sec. 90.

An. Code, sec. 86. 1904, sec. 84. 1898, ch. 49.

88. All mortgages and assignments of mortgages defectively sworn to
between the 27th day of March, 1896, and the 14th day of March, 1898,
before any officer authorized by the laws of this State to administer oaths
and take affidavits, shall be as valid as if the same had been made in con-
formity with law.

See art. 66, sec. 29.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 625   View pdf image (33K)
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