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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 214   View pdf image (33K)
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-214 ARTICLE 21.

ARTICLE 21.

CONVEYANCING.

Mortgages.

33. Affidavit by mortgagee.
35. Assignment of mortgage.
36. Effect of assignment.

Chattel and Crop Mortgages.

54A. Chattel and crop mortgages.
54B. Lien or mortgage on crops.
54C. Future advances.
54D. Replacements.
54E. Execution of mortgage.
54P. Affidavit of consideration.
64G. Docketing and indexing.
54H. Pees.
54-I. Renewal of mortgage.
54J. Assignment of mortgage.

54K. Release.
54L. Removal of mortgaged property.
54M. Default.
54N. Foreclosure and power of sale.
54-O. Construction and effect.

Conditional Contracts of Sale.

55. Recording; acknowledgment and
affidavit unnecessary.

Defective Conveyances.

87. Defectively acknowledged convey-
ances subsequent to 1858 made
valid; provisos.
91. Assignment of mortgages without
seal or affidavit, validating; pro-
visos.

1.

Conveyances In General.

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, 24F (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. 658.

Effectiveness of recording deeds, mortgages, etc., not affected by failure of
clerk to index same. Standard Finance Co. v. Little, 159 Md. 623.

This section referred to in construing art. 45, sec. 1. U. S. F. & G. Co. v.
Shoul, 161 Md. 428.

Requirement for recording where lease is for more than seven years does not
apply where a city, when authorized by its charter, granted a steamboat com-
pany the right to occupy a pier for 50 years, with provision in ordinance for
annual payment to the city. Baltimore v. Steam Packet Co., 164 Md. 290.

Where assignment for lease for over seven years is not recorded, the as-
signee is mere sub-lessee and lessor's remedy is In equity. Rubin v. Leosatis,
165 Md. 42.

Cited but not construed in Theatrical Corp. v. Trust Co., 157 Md. 610.

2.

Cited but not construed in U. S. F. & G. Co. v. Shoul, 161 Md. 42S.

9.

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


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 214   View pdf image (33K)
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