CONVEYANCING 719

occupy a pier for 50 years, with provision in ordinance for annual payment to the city.
Baltimore v. Steam Packet Co., 164 Md. 290.

Where assignment for lease for over seven years is not recorded, the assignee is mere
sub-lessee and lessor's remedy is in equity. Rubin v, Leosatis, 165 Md. 42.

Cited but not construed in Theatrical Corp. v. Trust Co., 157 Md. 610.

Application of this section.

This section applies to a right of way. Baltimore, etc., R. R. Co. v. Algire, 63 Md.
320; Hays v. Richardson, 1 G. & J: 379. And see Stinson v. Ellicott City, etc., Co., 109
Md. 115. Cf. Addison v. Hack, 2 Gill, 228.

Where the owner of a large tract of land sells one lot and in the deed covenants
that houses to be erected on the remaining lots will cost at least $3,500, the language
indicating an intent to bind not only the grantor but his heirs and assigns, such covenant
is within the scope of this section and sec. 30. Hence a person who takes title to one
of the remaining lots subsequent to such covenant is charged with notice thereof. This
section is applicable to grants of or covenants for easements in land. Lowes v. Carter,
124 Md. 684.

This section applies (both at law and in equity) to grants of, or covenants for, ease-
ments in land. Dawson v. Western Maryland R. R. Co., 107 Md. 93. Cf. Addison v.
Hack, 2 Gill, 228.

Mortgages of equitable interests in land, are within the purview of this section. Gen-
eral Ins. Co. v. United States Ins. Co., 10 Md. 524; United States Ins. Co. v. Shriver,
3 Md. Ch. 383. And see South Baltimore Harbor Co. v. Smith, 85 Md. 543.

This section will be applied in equity, as well as at law. Sixth Ward Bldg. Assn. v.
Wilison, 41 Md. 514.

This section applies to an assignment of a mortgage for a term of more than seven
years. Lester v. Hardesty, 29 Md...50. ...

This section applied to a deed to a trustee in insolvency. Greenleaf v. Birth, 6 Pet. 302.

Generally.

An agreement between property owners barring negroes, creating an easement in the
property, is lawful and entitled to be recorded to put purchasers on notice. Meade v.
Dennistone, 173 Md. 308.

This section referred to in construing Art. 23, Sec. 221. Pa. R. R. Co. v. Green, 171
Md. 67.

Although a deed be defectively executed, or acknowledged, or not recorded in time,
it is effective as between the parties, and against third persons with actual notice.
Proof of notice. Johnston v. Canby, 29 Md. 211; Phillips v. Pearson, 27 Md. 249; Bryan
v. Harvey, 18 Md. 127; Williams v. Banks, 11 Md. 198; General Ins. Co. v. United
States Ins. Co., 10 Md. 517; Winchester v. Baltimore, etc., R. R. Co., 4 Md. 231; Price v.
McDonald, 1 Md. 403; United States Ins. Co. v. Shriver, 3 Md. Ch. 381; Salmon v.
Clagett, 3 Bl. 125; Gill v. McAttee, 2 Md. Ch. 256; Ohio Life Ins. Co. v. Ross, 2 Md.
Ch. 26; Hudson v. Warner, 2 H. & G. 415.

Title cannot be acquired by parol gift followed by actual possession, however long
and exclusively continued. No simple act in pais is sufficient to give title. Possession
under color of title, distinguished. Walsh v. McIntyre, 68 Md. 415; Polk v. Reynolds,
31 Md. 112; Mayhew v. Hardesty, 8 Md. 495.

A deed is to be considered as made on the day on which it is signed, sealed and
delivered, although, it is not acknowledged until a later date. Wood v. Owings, 1
Crunch, 239.

A mortgage held to have been executed, acknowledged and recorded as required by
this section. Knell v. Green St. Bldg. Assn., 34 Md. 70.

Design and contruction of the registration laws. No exception is made in the registry
laws, of instruments creating trusts. Hoffman v. Gosnell, 75 Md. 588; Sitler v. McComas,
66 Md. 138; Hoopes v. Knell, 31 Md. 555; Nelson v. Hagerstown Bank, 27 Md. 73;
Cooke v. Kell, 13 Md. 492; General Ins. Co. v. United States Co., 10 Md. 524; George's
Creek Co. v. Detmold, 1 Md. 240,; United States Ins. Co. v. Shriver, 3 Md. Ch. 384.

For cases involving the act of 1766, ch. 14, see Fouke v. Fleming, 13 Md. 408; Law-
rence v. Heister, 3 H. & J. 377; Carroll v. Norwood, 1 H. & J. 178; Paca v. Forwood,
2 H. & McH. 189; Sim v. Deakins, 2 H. & McH. 47; Griffith v. Ridgely, 2 H. & McH.
418; Brown v. Lynch, 1 H. & McH. 218.

This section referred to in construing sec. 13. Worthington v. Lee, 61 Md. 539.

Cited in Baltimore v. Brack, 175 Md. 619.

Cross References.

For forms of. deeds and mortgages, see sec. 72, et seq.
As to defective conveyances, see sec. 100, et seq.
As to mortgages, see sec. 33, et seq.

As to bills of sale and chattel mortgages, see sec. 45, et seq.
See also, secs. 11, 14, 15, 16, 19, 20, 21 and 22.
As to the power of married women to "convey property, see art. 45, sec. 4.

As to how and where clerks are to record and index deeds, mortgages, etc., see art.
17, sec. 65, et seq.