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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 95   View pdf image (33K)
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CONVEYANCING. 95

ARTICLE 21.

CONVEYANCING.

Defective Conveyances.

87. Defectively acknowledged convey-
ances subsequent to 1858 made
valid; provisos.

91. Assignment of mortgages without
seal or affidavit, validating; pro-
visos.

Conveyances In General.

1.

Lease inoperative under this section; entry thereunder creates tenancy from
year to year; lease admissible in evidence. Distraint without notice—no lien as
against trustee in bankruptcy. In re Caplan, 24P (2nd), (D. Ct. Md. ), 445.

A lease for five years with privilege of renewal is not within requirements of
this section as to acknowledgment and recording. Sweeney v. Hagerstown Trust
Co., 144 Md. 620; Silberstein v. Epstein, 146 Md. 257.

As alleged contract to create leasehold interest for ten years was not exe-
cuted, acknowledged and recorded as required by this section, no estate passed.
Enforcement of oral contract. Hall v. Sharp Street Station, 155 Md. 65S.

9.

Deed conveying absolute easement, held to comply with this section. Kelly
v. Nagle, 150 Md. 135.

12.

Cited but not construed in Jaworski v. Wisniewski, 149 Md. 116.

13.

See notes to sec. 21 and to art. 66, sec. 25.

19.

See notes to sec. 21 and to art. 66, sec. 25.

21.

Instrument in form and effect a deed of trust, held deed for purpose of this
section and sec. 19. Effect of deed under this section. Kinsey v. Drury, 146 Md.
230.

This section referred to in dissenting opinion; equitable title to mortgage debt.
Baltimore v. Harper. 148 Md. 241.

To first and second notes to this section, page 604, vol. 1, of Code, add: And
see In re Bowling Const. Corp., 19 F. (2nd), (D. Ct. Md. ), 606. [Affirmed in
Sapero v. Neiswender, 23 F. (2nd), (C. C. A. 4th), 403. ]

22.

This section bars creditors of grantor of deed of trust recorded after expira-
tion of six months unless procedure therein prescribed is followed. Kinsey v.
Drury. 146 Md. 233.


 

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1929 Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 376, Page 95   View pdf image (33K)
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