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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 723   View pdf image (33K)
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CONVEYANCING 723

A deed designating the grantee as the owner of a certain house, is not sufficient. This
section probably requires that the name of the grantee should always be set forth in
the deed. Schaidt v. Blaul, 66 Md. 144.

For forms of deeds and mortgages, see sec. 72, et seq.

As to the meaning and effect of various covenants, see sec. 90, et seq.

As to the meaning of words "die without issue," or similar words, see sec. 108.

As to what a bill of sale should contain, see sec. 46.

An. Code, 1924, sec. 10. 1912, sec. 10. 1904, sec. 10. 1888, sec. 10. 1856, ch. 154, sec. 25.

11. Every deed conveying real estate shall be signed and sealed by the
grantor or bargainer, and attested by at least one witness.

This section does not declare a deed invalid because it is not attested. Such deeds
are valid under sec. 20, as against the grantor and purchasers with notice. The lack of
attestation does not avoid the effect of registration, or its operation as constructive
notice. Brydon v. Campbell, 40 Md. 337.

No attestation is required to render a mortgage of real estate valid. The attestation is
not part of the execution of a deed. Carrico v. Farmers', etc., Bank, 33 Md. 244.

The certificate of acknowledgment is not conclusive of the fact of the signing and
sealing. Signing by mark. Evans v. Horan, 52 Md. 608.

Proof held sufficient that a mortgage was sealed at time of its record, notwithstanding
absence of a seal thereafter. Van Riswick v. Goodhue, 50 Md. 61.

An. Code, 1924, sec. 11. 1912, sec. 11. 1904, sec. 11. 1888, sec. 11. 1856, ch. 154, secs. 10, 11.

12. 'No words of inheritance shall be necessary to create an estate in fee
simple, but every conveyance of real estate shall be construed to pass a fee
simple estate, unless a contrary intention shall appear by express terms
or be necessarily implied therein.

Under this section and sec. 342 of art. 93, deeds and assignments, as well as wills,
though without words of limitation or perpetuity, are presumed to carry such estate as
the grantor, etc., has the power to convey, etc., and not an estate limited to the life of
grantee, etc., unless a contrary intention is clearly shown. Case v. Marshall, 159 Md. 594.

Words of limitation or inheritance are not essential to create estate in fee. Hawkins v.
Chapman, 36 Md. 94; Farquharson v. Eichelberger, 15 Md. 73.

This section was never intended to apply to a reservation of privileges, the granting
of an easement, or a covenant in a deed to a railway company that the company will
maintain a station on the land conveyed. Maryland, etc., R. R. Co. v. Silver, 110 Md.
516; Ross v. McGee, 98 Md. 394; Ringgold v. Derhardt, 136 Md. 145.

This section applied. Rogers v. Cobb, 89 Md. 167.

For the law prior to the act of 1856, ch. 154, see Hofsass v. Mann, 74 Md. 405; Foos v.
Scarf, 55 Md. 311; Merritt v. Disney, 48 Md. 350.

As to covenants in a deed running from and to heirs, personal representatives, etc.,
see sec. 90.

For a similar section applicable to wills, see art. 93, sec. 342.

An. Code, 1924, sec. 12. 1912, sec. 12. 1904, sec. 12. 1888, sec. 12. 1856, ch. 154, secs. 12, 26.

13. The word "grant," the phrase "bargain and sell," in a deed, or
any other words purporting to transfer the whole estate of the grantor shall
be construed to pass to the grantee the whole interest and estate of the
grantor in the lands therein mentioned, unless there be limitations or reser-
vations showing, by implication or otherwise, a different intent.

If a party purchases what is in realty a leasehold estate, the fact that the deed in form
conveys the property in fee, does not enlarge the estate conveyed. Worthington v. Lee,
61 Md. 539.

This section applied. Rogers v. Cobb, 89 Md. 167.

As to the law prior to the adoption of this section, see Evans v. Brady, 79 Md. 143.

As to conveyances bordering on streets and highways carrying to the centre thereof,
see sec. 114.

Cited but not construed in Jaworski v. Wisniewski, 149 Md. 116.

An. Code, 1924, sec. 13. 1912, sec. 13. 1904, sec. 13. 1888, sec. 13. 1856, ch. 154, secs. 96, 97.

14. Every deed of any of the interests or estates mentioned in the first
section of this article shall be recorded within six months from its date, in
the county or city in which the land affected by such deed lies; and where


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 723   View pdf image (33K)
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