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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 224   View pdf image (33K)
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224 ARTICLE 21.

to at all, shall be and they are hereby made1 valid to all intents and pur-
poses, as if said mortgage or assignment of mortgage had been in such
matters in full conformity with the law in force at the time of such execu-
tion, provided, that any such mortgage or assignment of mortgage is in
other respects legal and valid; and provided, further, that nothing in
Sections 87 and 91 shall affect the rights of any bona fide purchasers or
creditors, without notice, who becomes so prior to June 1st, 1935.

Miscellaneous.

94.

Where lessee is entitled to redeem and tenders reversioner the money, former
will not be relieved of rent accruing thereafter and before a decree directing
conveyance to him, unless he keeps tender good. Maulsby v. Pag, 105 Md. 24.

Lessees (even after they assign their interests), can only be relieved of their
covenant to pay by redeeming rent under this section. Baltimore v. Latrobe,
101 Md. 633.

As to the procedure where reversioner is non-resident and tenant wishes to
redeem, see Holland v. Central Metal, etc.. Co., 109 Md. 131.

See notes to secs. 95 and 99.

Art. 53, sec. 25, which was substantially the same as this and the following
section, has been repealed.

This section referred to in construing sec. 96. McCrory Stores v. Bennett,
159 Md. 573.

95.

Lease for ten years, executed in recognition of right of renewal in original
lease, containing materially different covenants and made several weeks after
expiration of original lease, is not continuance of former lease so that this sec-
tion applies. See notes to sec. 99. Silberstein v. Epstein, 146 Md. 255.

This section applies to leases of buildings, and does not violate the 14th
Amendment of Federal Constitution. Purpose of this section. See notes to sec.
99. Marburg v. Mercantile Bldg. Co., 154 Md. 440.

Description of property leased not sufficiently definite to authorize redemption
under this section, or specific performance. Bellevue Club v. Punte, 148 Md. 594.

Lease for six years, with right of renewal for another period of eight years,
and with right of further renewal for period of ten years, held to be a lease
for more than fifteen years. It was also held that sec. 99 did not apply to
this lease and that it was redeemable at end of five years at capitalization of
rent reserved at that time, and since application was made in fourteenth year,
then at capitalization of rent at time of application. Theatrical Corp v. Trust
Co., 157 Md. 602.

This section held not to apply so as to give right of redemption in case of
lease made for eighteen years by testamentary trustee who is without power
to sell and convey. McCrory Stores v. Bennett, 159 Md. 568.

98.

This section applies to property binding on private as well as public street.
Campeggi 1;. Wakefield, 157 Md. 237.

99.

This section has no application where lease made prior to its adoption. Sil-
berstein v. Epstein, 146 Md. 256 (cf. concurring opinion).

This section does not affect leases made prior to 1914 or 1922 as the case may
be; vested rights. See notes to sec. 95. Marburg v. Mercantile Bldg. Co.. 154
Md. 440.

See notes to sec. 95.


 

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1935 Cumulative Supplement to the Annotated Code of the Public General Laws of Maryland
Volume 378, Page 224   View pdf image (33K)
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