CONVEYANCING. 215

11.

Under this section and sec. 336 of art. 93. deeds and assignments, as well as
wills, though without words of limitation or perpetuity, are presumed to carry
such estate as the grantor, etc.. has the power to convey, etc.. and not an estate
limited to the life of grantee, etc.. unless a contrary intention is clearly shown.
Case v. Marshall, 159 Md. 594.

12.

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

13.

Effectiveness of recording deeds, mortgages, etc.. not affected by failure of
clerk to index same. Standard Finance Co. v. Little. 159 Md. 623.
See notes to sec. 21 and to art. 66, sec. 25.

15.

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.

16.

Cited but not construed in Caltrider v. Caples. 160 Md. 395.

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.

29.

Lease for consideration, without notice of prior contract to lease, prevails.
Possession of land as notice. Liggett Co v. Hose. 152 Md. 160.

Mortgages.

32.

This section referred to in declaring instrument to be legal mortgage: equi-
table title to mortgage debt. Baltimore V. Harper, 14S Md. 241 (dissenting
opinion).

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

An. Code, 1924. sec. 33. 1912. sec. 32. 1904, sec. 30. 1888, sec. 30. 1856. ch. 154,

sec. 112, 1896, ch. 120. 1S9S, chs. 49. 275 and 501. 1900, ch. 81.

1902, chs. 26 and 102. 1935. ch. 482.

33. No mortgage shall be valid except as between the parties thereto,
unless there be endorsed thereon an oath or affirmation of the mortgages