736 ARTICLE 21

Application of this section.

The vendor held not to have remained in possession of the property, and hence the
application of this section denied. Biemiller v. Schneider, 62 Md. 559; Pusey v. Potomac
Bridge Co., 8 Md. 478; Bryan v. Hawthorne, 1 Md. 523.

This section has no reference to a case where the title has been vested by the laws
of another state, but operates only on sales, mortgages and gifts made in Maryland.
Bank of United States v. Lee, 13 Pet. 120.

This section applies where vendor sells property and retains possession; it has no
application to conditional sales where vendor parts with possession. See notes to art. 83,
sec. 19. Dinsmore v. Maag-Wahmann Co., 122 Md. 182; Praeger v. Emerson, etc.,
Implement Co., ,122 Md. 308.

Generally. >

This section referred to as showing that mortgagee does not become entitled to sub-
stituted or after-acquired chattels. Crocker v. Hopps, 78 Md. 263.

A bill of sale held to be void under this section and sec. 54, and that there was no
proof of such a delivery as would defeat the operation of this section. Mundy v. Jacques,
116 Md. 13.

In view of this section and of secs. 47, 49, 50 and 52, a chattel mortgage on a vessel
not documented, which was not recorded as required, did not create a lien as against
the mortgagor's trustee in bankruptcy. Purpose of the above sections. Millikin v.
Second Natl. Bank, 206 Fed. 16. Cf. in re Bowling Const. Corp., 19 Fed. (2nd), (D. Ct.
Md.), 606. [Affirmed'in Sapero v. Nieswender, 23 F. (2nd), (C. C. A. 4th), 403.]

'Where the mortgage has been duly sworn to and recorded, it has the same effect as
if the mortgagee had been put in possession of the mortgaged property. Cahoon v.
Miers, 67 Md. 579; Clary v. Frayer, 8 G. & J. 398; Hamilton v. Hayward, 4 H. & J. 443.

A bill of sale held to be duly executed, acknowledged and recorded as required by
this section. Kreuzer v. Cooney, 45 Md. 590; Bruce v. Smith, 3 H. & J. 503. Cf. Coale v.
Harrington, 7 H. & J. 155.

For a mortgage recorded in the wrong court, and hence a copy thereof held not ad-
missible in evidence, see Gassaway v Dorsey, 4 H. & McH. 405.

Title held invalid because of failure to comply with this section. Warnick v. Michael,
11 G. & J. 159.

This section referred to in construing sec. 54. Pleasanton v. Johnson, 91 Md. 676;
Mackintosh v. Corner, 33 Md. 606.

Cited 'in In Re Universal Storage & Transfer Co., 4 F. Supp. 425.

For forms of a bill of sale and chattel mortgage, see secs. 81 and 82.

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

As to railroad equipment and rolling stock, see sec. 109.

As to how and where clerks are to record and index bills of sale, etc., see art. 17, secs.
4 and 65.

See notes to art. 66, sec. 26.

See notes to sec. 46.

As to petty loans, see art. 58A.

An. Code, 1924, sec. 45. 1912, sec. 44. 1904, sec. 42. 1888, sec. 41.
1856, ch. 154, secs. 124, 125.

46. Any bill of sale of personal property shall be sufficient in form if
it contain the names of the parties, the consideration, a description of the
property conveyed, and be signed and sealed by the vendor, and dated.

This section referred to in construing sec. 50. See notes thereto. Tyler Co. v. O'Ferrall,
153 Md. 355.

A bill of sale listing the articles, but failing to state the premises, town, county or
state where articles were, the business in which seller is engaged, etc., mentioning cash
registers, automobiles, etc., without giving motor or serial numbers, held to be in-
sufficient to pass title. State v. Md. Casualty Co., 164 Md. 76.

Cited in Fire Ins. Co. v. Merrick, 171 Md. 484.

As to an implied covenant to pay the mortgage debt, see sec. 51.

See also sec. 3, et seq.

An. Code, 1924, sec. 46. 1912, sec. 45. 1904, sec. 43. 1888, sec. 43 1729, ch. 8, sec. 5. ,
1856, ch. 154, sec. 129. 1878, ch. 139. 1892, ch. 663.

47. A bill of sale or chattel mortgage, if acknowledged within this
State, may be acknowledged before any officer authorized to take acknowl-
edgments of deeds within this State in the same manner as deeds are
acknowledged, or acknowledged as certified.

This section referred to and construed in connection with sec. 4—see notes to sec. 4.
Fersner v. Bradley, 87 Md. 492.