728 ARTICLE 21

An. Code, 1924, sec. 21. 1912, sec. 21. 1904, sec. 21. 1888, sec. 21. 1831, ch. 304.

22. But as against all creditors who have become so before the record-
ing of such deed or conveyance, and without notice of the existence thereof,
such deed or conveyance shall have validity and effect only as a contract
for the conveyance or assurance of the estate, interest or use, purported by
such deed or conveyance to he conveyed or assured.

Instrument in form and effect a deed of trust, held deed for purpose of this section
and sec. 20. Effect of deed under this section. Kinsey v. Drury, 146 Md. 230.

This section referred to in dissenting opinion; equitable title to mortgage debt. Balti-
more v. Harper, 148 Md. 241.

Since a deed recorded after the six months has validity and effect under this section
as a contract for the conveyance of the property, the whole equitable estate has passed
from the grantor to the grantee and the interest remaining in the grantor is not subject
to execution on a judgment secured against him after the execution of the contract
but before the recording of the deed. Cramer v. Roderick, 128 Md. 425.

And see In re Bowling Const. Corp., 19 F. (2nd), (D. Ct. Md.), 606. [Affirmed in
Sapero v. Neiswender, 23 F. (2nd), (C. C. A. 4th), 403.]

Though an attaching creditor of a mortgagee becomes such prior to the assignment
of the mortgage and without notice thereof, such assignment, while unrecorded, is ef-
fective from its date as a contract for a conveyance against which the attachment claim
cannot prevail. Getz v. Johnston, 143 Md. 549.

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 con-
veyance. Creditors held not to be charged with notice, by possession or otherwise.
Hearn v. Purnell, 110 Md. 466. And see Hoffman v. Gosnell, 75 Md. 590; Sixth Ward
Bldg. Assn. v. Willson, 41 Md. 514.

This section does not impair the rights of parties claiming under a trust, nor equitable
rights and liens. Carson v. Phelps, 40 Md. 100.

This section has no application to a question of priority between a mortgage and a
judgment. Mortgages are especially excepted from its operation. Knell v. Green St.
Bldg. Assn., 34 Md. 72.

This section does not affect the rule established by previous sections, that title does
not pass until the deed is recorded. Nickel v. Brown, 75 Md. 187.

This section referred to in construing secs. 103 and 106—see notes to sec. 106. Eden
St Bldg. Assn. v. Lusby, 116 Md. 177.

Cited but not construed in Coombs v. Jordan, 3 Bl. 325.

See notes to sec. 20.

An. Code, 1924, sec. 22. 1912, sec. 21A. 1916, ch. 618.

23. Whenever by reason of the failure to record any deed or other
conveyance within six months from its date, any creditors of the grantor
in such deed or other conveyance become, under the statutes of Maryland,
entitled to assert their claims against the property conveyed by such deed
or other conveyance or any interest therein, such creditors shall proceed in
'a court of equity (without the necessity of prior proceedings at law) to
obtain a decree for the sale of such property or any interest therein within
six months after the recording of such deed or other conveyance, or be
thereafter absolutely barred from asserting their 'claims against such prop-
erty or any interest therein. In the case of deeds or other conveyances now
on record, which have been recorded after six months from their date,
such proceedings shall be taken within six months from June 1, 1916. For
the purpose of this section, the true date of a deed or other conveyance of
real or leasehold property or any interest therein, from which date the six
months period must be counted, shall be deemed to be the date of the
'acknowledgment of the same; and in case of several acknowledgments made
at different times, the true date shall be the date of the acknowledgment
which is last in point of time. For the purpose of asserting their rights
under this Article, the claims of creditors of the grantor not due at the
date of the recording of the deed shall be considered as due and enforceable
at such date. This section shall not affect the rights of creditors to assert