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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 222   View pdf image (33K)
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222 ARTICLE 21.

quent creditors. Where purchaser becomes bankrupt, having both antecedent
and subsequent creditors, trustee takes property free of seller's lien, and its
proceeds will be distributed among all creditors alike. In re Rosen, 23 F. (2nd).
(D. Ct. Md. ), 687.

Unrecorded conditional sale contract is void as to creditors, but where such
contract is recorded sometime after its execution, it is valid against trustee In
bankruptcy, unless there are creditors between date of its execution and date
of record. In re Shipley, 24 F. (2nd), (D. Ct. Md. ), 991.

Unrecorded conditional sales, though valid as between the parties, are void
as to third parties without notice. Cases reviewed. Burden of proof—see notes
to art. 9, sec. 47. Motor Car Co. v. First Natl. Bank, 154 Md. 80.

Unrecorded conditional sale contract void as against party subsequently tak-
ing chattel in settlement of antecedent debt. Stieff v. Wilson, 151 Md. 600.

Where contract for sale of truck was recorded, subsequent purchaser from
vendee is charged with notice of rights of vendor, even though vendee was auto-
mobile dealer. Finance Co. v. Defiance Motor Co., 145 Md. 100.

Contract for consignment of shoes to bankrupt held within this section. Trus-
tee in bankruptcy entitled to assert invalidity of contract. Reliance Shoe Co.
v. Manly, 25 F. (2nd), (C. C. A. 4th), 381.

Lien for repairs and storage of automobile subordinate to conditional sale
contract recorded under this section since passage of act 1924, ch. 417 (art. 63,
secs. 54-58). Goldenberg v. Finance Co., 150 Md. 302.

To third note to this section, page 617, vol. 1. of Code, add: And see In re
Eichengreen, et al., 18 Fed. (2nd), (D. Ct. Md. ), 103.

Unrecorded conditional contract of sale is not void as against purchaser's
creditors whose debts arose out of transactions prior to date of the contract;
immaterial that debts were reduced to judgment after date of contract of sale.
Gunby v. Motor Truck Corp., 156 Md. 19.

Recorded conditional sales contract Is sufficient notice as long as goods and
chattels described remain as such, but not when they have, with assent of sales
vendor, become integrated with real property; gas radiators in garage did not
become part of realty. Abramson v. Penn, 15G Md. 186.

Metal garage so attached to land as to make it a fixture is subject to prior
mortgage on land notwithstanding recording of memorandum on paper by con-
tractor reserving title to garage. Credit Co. v. Bldg. & Loan Assn., 160 Md. 232.

Lease of certain machinery to bankrupt held conditional sales contract and
void as to trustee because of failure to record it. In re Rainey, 31 Fed. (2nd),
197.

Registration of title of automobile under art. 56, sec. 202, is not substitute for
recordation of lieu under this section. Meyer Herson Auto Sales Co. v. Faunk-
hauser, 65 Fed. (2nd), 655.

This section referred to in construing art. 66, sec. 1. Winakur v. Sapourn,
156 Md. 679.

Cited but not construed in In re Sachs, 31 Fed. (2nd), 800.

See notes to art. 66, sec. 1.

Forms of Conveyancing.

56.

This section referred to in construing sec. 9—see notes thereto. Kelly v.
Nagle, 150 Md. 135.

67.

Cited but not construed in Schluderberg v. Dietz, 156 Md. 551.

76.

This section referred to in denying claim of mistake or fraud in execution of
deed. Boyle v. Md. State Fair. 150 Md. 344.

Special warranty by grantor in deed makes it duty of grantor to defend title
against claim previously created by him; Intermediate ownership has no effect.
Wempe v. Schoentag, 163 Md. 649.


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 222   View pdf image (33K)
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