1984 ARTICLE 45

A suit to. set aside a deed to husband and wife as tenants by the entireties must
be brought within three years. Stieff .Co. v. Ullrich, 110 Md. 633.

Art. 57, sec. 14, held no answer to the application of the portion of this section
providing that creditors must assert their claims within three years, where deeds
were recorded nine days after their execution, and wife did nothing to keep plaintiff
in ignorance of transfer. Wilson v. Vandersall, 134 Md. 482. And see James v. Murray,
142 Md. 108.

A husband may not under this section withhold a deed to his wife from the records
for three years or more and. be protected by the three-year limitation in this section;
the deed must be attacked within three years from date it is recorded. Deed, mortgage
and transfer set aside. See notes to art. 21, sec. 20. James v. Murray, 142 Md. 108.
Where bill of complaint shows that plaintiff did not assert his claims within three
years from the passing of property from husband to the wife, and no reasonable
explanation is given of delay, bill is demurrable. Nimmo v. Blick, 128 Md. 328.

Reasons for delay in attacking a conveyance of .property from husband to wife under
this section, held insufficient. Dixon v. Dixon, 128 Md. 5.

Generally.

Where husband and wife are joint tenants, husband's interest is liable to be sold in
execution during wife's life. Fladung v. Rose, 58 Md. 24.

This section (as it stood prior to Code of 1888), recognized right of a married woman
to become a purchaser and hence, her purchase of property at a trustee's sale may
be enforced—see art. 16, sec. 230. Fowler v. Jacob, 62 Md. 328.

Where house owned by husband and wife as tenants by the entireties is damaged
by fire and husband refuses to allow insurance money to be used in repairing property,
equity may grant relief by appointing a receiver; procedure. Nature of tenancy by
the entireties. Secs. 1 and 2 of art. 45 of Code of 1860, and sec. 1 of art. 45 of Code
of 1888, and that section as amended by act of 1892, ch. 267, and sec. 2 of that article
as amended by act of 1890, ch. 394, dealt with. Masterman v. Masterman, 129 Md. 170.

Under this section and sec. 4, a married woman may hold property acquired after
her. marriage as her separate estate, and a husband may convey property directly to
his wife. Grantor's intention that whole estate conveyed to husband and wife should
vest in survivor. Lang v. Wilmer, 131 Md. 224.

Act of 1898, ch. 457, has no application to a deed executed before that act took effect
(January 1, 1899). Construing together secs. 2, 3 and 11 of art. 45 of Code of 1860,
while a married woman could not convey her property without the joinder of her
husband, she could join with her husband in conveying such property to latter as
trustee. Statute of Uses. Brandau v. McCurley, 124 Md. 244.

This article referred to in deciding that a husband who has received sufficient of his
wife's money to pay off an indebtedness for which he has become surety, must be
regarded as reimbursed. Nihiser v. Nihiser, 127 Md. 461.

The object and effect of the acts originally composing this section, discussed.
Schindel v. Schindel, 12 Md. 121.

Cited in Bishop v. Safe Dep. & Tr. Co., 170 Md. 628.

Cited but not construed in Allers v. Forbes, 59 Md. 376.

Cited in Laing v. Duvall (Judge Parke, Circuit Court for A. A. Co.), Daily Record,
Sept. 7, 1939.

As to right of the husband (where wife is entitled to division or election under
art. 46) to elect in right of his wife, see art. 46, sec. 25.

As to fraudulent conveyances, see art. 39B.

An. Code, 1924, sec. 2. 1912, sec. 2. 1904, sec. 2. 1892, ch. 586, sec. 20. 1898, ch. 457, sec. 2.

2. Whenever any interest or estate of any kind in any property, real,
personal or mixed, situate, lying or being within this State, has been or
shall hereafter be sold, conveyed, assigned, mortgaged, leased, transferred
or delivered by any husband, directly or indirectly to his wife, and has
been or shall hereafter be subsequently sold, conveyed, assigned, mortgaged,
leased, transferred or delivered by such wife and husband during their
coverture, or by such wife after such coverture has terminated, or has been
or shall hereafter be subsequently devised or bequeathed by such wife
during such coverture or after such coverture has terminated, the fact of
such previous sale, conveyance, assignment, mortgage, lease or delivery by
such husband, directly or indirectly to his wife, shall not hereafter be
deemed or taken at law or in equity, to have given, preserved or reserved,
nor to give, preserve or reserve to any subsisting creditor of such husband,
by reason of any debtor obligation, claim or demand whatsoever, any other