642 ARTICLE 16

certain money expended for the support of the life tenant, is not within the purview of
this and the following section, when it appears that the money so expended was repaid
before the sale in question was made. Exceptions to title overruled. Schmidt v.
Hinkley, 115 Md. 336 (decided prior to the act of 1912, ch. 778).

In the absence of fraud, this section has no application where the plaintiff in a pending
suit assigns her interest in the prospective judgment to her counsel as trustee, with
certain directions as to the distribution of the proceeds. United Rys., etc., Co. v.
Rowe, 97 Md. 658.

This section has no application to trustees appointed by will. Philbin v. Thurn,
103 Md. 346.

This section applies only to the suretyship, of natural persons. Gans v. Carter, 77
Md. 9. And see Herzberg v. Warfield, 76 Md. 450.

Generally.

A deed of trust under this section comes within the general registration laws, of this
state, and the place of record is governed accordingly. If the deed and bond are recorded
in the wrong place, the property is subject to attachment in the hands of the trustee.
Steifel v. Barton, 73 Md. 410 (decided prior to the act of 1892, ch. 241).

This section as amended by the act of 1892, ch. 241, held not to be limited to deeds
of trust for the benefit of creditors, but applicable to deeds creating trusts for the sale
of property for any other purpose. Since the trustees failed to file a bond as required
by this section, no title passed to them, and consequently they could convey none. This
section is constitutional and valid; the legislature has the right to change and. adopt
rules of evidence and alter remedies. Cases dealing with this section reviewed. Cummings
v. Wildman, 116 Md. 308 (decided prior to the act of 1912, ch. 778).

Where property is attached between the date of the record of a deed of trust, and
the filing of the bond under this section, the attachment is valid; contra if the at-
tachment is laid after the record of the deed and the filing of the bond. White v.
Pittsburg Bank, 80 Md. 5; Fidelity Co. v. Haines, 78 Md. 457. And see Steifel v.
Barton, 73 Md. 410.

The bond of a surety company authorized by an act amending its charter to become
sole surety, upheld under this section. Miller v. Matthews, 87 Md. 477; Gans v.
Carter, 77 Md. 7. And see Herzberg v. Warfield, 76 Md. 450.

Change made in this section by the act of 1900, ch. 114. This section referred to
in construing sec. 262—see notes thereto. Union Trust Co. v. Ward, 100 Md. 100.

For cases involving sec. 116 of art. 81 of the Code of 1860 (analogous in some of
its provisions to this section), see Sixth Ward Bldg. Assn. v. Wilison, 41 Md. 512;
Reeside v. Peter, 33 Md. 127; Withers v. Denmead, 22 Md. 146; Furlong v. Edwards,
3 Md. 99.

Secs. 261-267 cited but not construed in Art Students' League of N. Y. v. Hinkley,
31 Fed. (2nd), 472.

An. Code, 1924, sec. 253. 1912, sec. 238. 1904, sec. 222. 1900, ch. 114, sec. 205A...

262. When any estate, real, personal or mixed shall be limited or con-
veyed to any trustee as security for debt, or to be sold upon a contingency,
it shall not be necessary for such trustee to file a bond until after the con-
tingency happens, or a sale is about to be made in pursuance of the power
contained in the deed or instrument creating the trust, and:every such
trustee before making sale shall file with the clerk of the court in which
the deed or instrument creating the trust is recorded a bond in such
penalty as the clerk may prescribe, being as nearly as can be ascertained
double the amount of the trust estate, and with sureties to be approved
by the clerk, conditioned for the faithful performance of the trust reposed
in such trustee, which bond shall be retained and recorded in the office of the
said clerk, and shall report all sales made by him to the court of equity hav-
ing jurisdiction in the premises, in the same manner and subject to the
same rules as are required and prescribed in relation to sales made in
pursuance of decrees of courts of equity in this State; and no sale made
by any such trustee without such bond shall be valid or pass any title to
such property or estate. If the trust estate consists of real property, or of
real and personal property, situated partly in the county or city in which
the grantor resides, and partly in one or more other counties, it shall be
sufficient that a bond has been accepted and filed in the county of the
grantor's residence; if the trust estate consists entirely of real estate, in a