CONVEYANCING 731

An. Code, 1924, sec. 30. 1912, sec. 29. 1906, ch. 65.

31. A release of a vendor's lien retained in any deed of conveyance
may be made in the following form, or to the like effect: I hereby release
the vendor's lien retained in the above (or within) deed. Witness my hand
and seal this————day of————[Seal]. Such release may be written by
the vendor or his assignee upon the record in the office where the deed is
recorded, and attested by the clerk of the court. Or such a release may be
endorsed on the original deed by the vendor of his assignee; and upon such
deed, with the release thereon endorsed, being filed in the office in which
the deed is recorded, the clerk shall record such release at the foot of said
deed. Every release executed in either of the above modes shall be con-
strued and deemed sufficient to release said lien as fully and effectually as
any instrument of writing whatever could do.

See notes to sec. 38, et seq.

As to vendors' liens, see art. 66, sec. 32, et seq.

An. Code, 1924, sec. 31. 1912, sec. 30. 1906, ch. 65.

32. A release or assignment may be made by an executor or assignee
in the same manner and form and with like effect as by the vendor; this
section to apply to every assignee whether he claims by direct assignment
from the vendor or his executor, or under a series of assignments.
See notes to sec. 36, et seq.; also sec. 43.

Mortgages.

An. Code, 1924, sec. 32. 1912, sec. 31. 1904, sec. 29. 1888, sec. 29. 1856, ch. 154, sec. 111.

33. Deeds of mortgage conveying any use, estate, or interest in land
shall be executed, acknowledged and recorded as absolute deeds of the same.

A mortgage, defectively acknowledged, under secs. 33-36, held to have priority over
subsequent judgments. Jackson v. County Trust Co., Daily Record, May 23, 1939.

This section does not require a mortgage to be attested in accordance with sec. 11,
as attestation is not a part of the execution of a deed. Carrico v. Farmers', etc., Bank,
33 Md. 244.

An assignment of a mortgage for a term of more than seven years, if not recorded,
is invalid to pass the legal title. Lester v. Hardesty, 29 Md. 54.

A mortgage held to have been duly recorded under this section. Knell v. Green St.
Bldg. Assn., 34 Md. 70.

This section referred to in connection with a mortgage not recorded as provided in
sec. 14—see notes to sec. 14. Sixth Ward Bldg. Assn. v. Wilison, 41 Md. 514.

This section referred to in declaring instrument to be legal mortgage; equitable
title to mortgage debt. Baltimore v. Harper, 148 Md. 241 (dissenting opinion).

Effectiveness of recording deeds, mortgages, etc., not affected by failure of clerk to
index same. Standard Finance Co. v. Little, 159 Md. 623.

Cited in Bldg. & Loan Assn. v. Boden, 169 Md. 499; Blanch v. Collison, 174 Md. 433.

Cited but not construed in Frostburg Bldg. Assn. v. Brace, 51 Md. 510.

As to defective conveyances, see sec. 100, et seq.

See also secs. 1, 14, 16, 22 and 33, and notes.

As to mortgages, see also art. 66.

An. Code, 1924, sec. 33. 1912, see. 32. 1904, sec. 30. 1888, sec. 30. 1856, ch. 154, sec. 112.
1896, ch. 120. 1898, chs. 49, 275 and 501. 1900, ch. 81. 1902, chs. 26 and 102.

1935, ch. 482.

34. No mortgage shall be valid except as between the parties thereto,
unless there be endorsed thereon an oath or affirmation of the mortgagee
that the consideration in said mortgage is true and bona fide as therein
set forth.

Affidavit as to consideration.

An affidavit held insufficient. It is essential that the affidavit should be endorsed on
the mortgage and recorded with it. The fact that the oath was taken cannot be estab-
lished otherwise. Reiff v. Eshelman, 52 Md. 587.