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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 726   View pdf image (33K)
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726 ARTICLE 21

This section has no application to judgments. The judgment creditor is not a bona
fide purchaser. Knell v. Green St. Bldg. Assn., 34 Md. 71.

This section referred to as showing the indispensable necessity of the registration of
deeds. The priorities given by this section are not affected by sec. 21. Nickel v. Brown,
75 Md. 186.

The act of 1825, ch. 203, cited in stating the design of the registration laws—see notes
to sec. 1. General Ins. Co. v. United States Ins. Co., 10 Md. 524; Gill v. Griffith,
2 Md. Ch. 286.

Cited but not construed in Caltrider v. Caples, 160 Md. 395; Bldg. & Loan Assn. v.
Boden, 169 Md. 499.

See notes to secs. 14 and 52.

An. Code, 1924, sec. 17. 1912, sec. 17. 1904, sec. 17. 1888, sec. 17. 1813, ch. 104, sec. 4.

18. When a trustee sells and conveys lands lying in one county, under
a decree passed in another county, the deed shall be recorded in each county,
where the land lies, and shall recite so much of the decree under which the
sale was made as will show when and by what court it was passed, and the
names of the parties, and the appointment of the trustee who made the sale;
the city of Baltimore is to be regarded as a county in the meaning of this
section.

An. Code, 1924, sec. 18. 1912, sec. 18. 1904, sec. 18. 1888, sec. 18. 1822, ch. 104. .

19. If any clerk shall die, and during the interval between his death
and the qualification of his successor, the time for recording any deeds or
other written documents required by law to be recorded in a specific time
shall expire, the successor of such clerk so dying shall record the same at
any time within one month after his qualification—to have the same effect
as if such deed or other document were recorded within the time prescribed
by law; and shall endorse thereon the time of the death of the former clerk
and the date of his own qualification, which endorsement shall be recorded
with the deed or other document and shall be evidence of the facts it
contains.

An. Code, 1924, sec. 19. 1912, sec. 19. 1904, sec. 19. 1888, sec. 19. 1860, ch. 133, sec. 1.

1867, ch. 58.

20. Any deed or conveyance of or relating to land, duly acknowledged
and required by law to be recorded, except deeds or conveyances by way of
mortgages, may be recorded after the time herein prescribed; and when
so recorded shall have, as against the grantor, his heirs or executors, and
against all purchasers with notice of such deed or conveyance, and against
all creditors of such grantor and his heirs who shall become so after the
recording of such deed or conveyance, the same validity and effect as if
recorded within the time hereinbefore prescribed; this section to apply to
all deeds executed and acknowledged according to law, whether before or
after the adoption of this code.

Creditors and purchasers; notice; parties.

A deed not recorded as provided in sec. 14, does not affect existing creditors or credi-
tors becoming such between the date of the deed and the date of its record. As to
such creditors without notice, the deed is valid and effective only as a contract for
the conveyance. Creditors held not to be charged with notice, by possession or other-
wise. Hearn v. Purnell, 110 Md. 466. And see Cissel v. Henderson, 88 Md. 576; Hoff-
man v. Gosnell, 75 Md. 590; Sixth Ward Bldg. Assn. v. Wilison, 41 Md. 514.

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. Go. v. Ross, 2 Md.
Ch. 26; Hudson v. Warner, 2 H. & G. 415.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 726   View pdf image (33K)
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