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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 752   View pdf image (33K)
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752 ARTICLE 21

edged according to the laws existing at the time of said acknowledgment,
or which may not have been acknowledged before a proper officer, or in
which the certificate of acknowledgment is not in the prescribed form, or
in which the official character of the officer taking the acknowledgment is
not set out in the body of the certificate, or has not been certified to as re-
quired by law, or in which the conveyance has not been witnessed to or
sealed as required, by law, or any deed heretofore made to or from a corpora-
tion prior to the payment of bonus tax which was afterwards: paid, shall be
and the same are hereby made valid, to all intents and purposes as if the
conveyances and agreements had been acknowledged, certified to, witnessed
and sealed according to law; providing the said deeds, mortgages, bonds
of conveyances, bills of sale and other conveyances and agreements are in
other respects in conformity with the laws; provided, further, that nothing
in this section shall affect the interest of bona fide purchasers or creditors,
without notice, who may have become so previous to June 1st; 1939.

This section applied when acknowledgment was defective. McDivit v. McDivit,
148 Md. 273.

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

This is a curative statute. The power to pass such laws has been frequently sus-
tained by the court of appeals. Wingert v. Zeigler, 91 Md. 326.

Cited but not construed in Erb v. Grimes, 94 Md. 106.

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

See notes to sec. 106.

An. Code, 1924, sec. 88. 1912, sec. 86. 1904, sec. 84. 1898, ch. 49.

104. All mortgages and assignments of mortgages defectively sworn to
between the 27th day of March, 1896, and the 14th day of March, 1898,
before any officer authorized by the laws of this State to administer oaths
and take affidavits, shall be as valid as if the same had been made in con-
formity with law.
See art. 66, sec. 30.

An. Code, 1924, sec. 89. 1912, sec. 87. 1904, sec. 85. 1900, ch. 656. 1902, ch. 102.

1904, ch. 78.

105.' All mortgages and assignments of mortgages defectively sworn
to. and recorded in this State between the 14th day of March, 1898, and
the loth day of March, 1904, before any officer authorized by the laws
of this State to administer oaths or to take affidavits, shall be as valid to
all intents and purposes as if the said mortgages or assignments of mort-
gages had been sworn to in conformity with law.
See art. 66, sec. 30.

An. Code, 1924, sec. 90. 1912, sec. 88... 1908, ch. 105...

106. All instruments, to wit, deeds, mortgages, releases, bonds of con-
veyance, bills of sale, chattel mortgages, assignments of mortgages and all
conveyances of real or personal property, or of any interest therein, which
have been heretofore executed and acknowledged which have not been
sealed, acknowledged, witnessed or certified to according to the law then
existing, shall be and they are hereby made valid to all intent, and purposes
as if the same had been in such matter in full conformity with the law then
in force; provided, that such instruments are in other respects legal and
valid and are duly recorded; and provided further, that nothing , in this
section shall, affect the rights of bona fide purchasers or credits without
notice, who became so prior to March 19, 1908.

1 Evidently a typographical error.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 752   View pdf image (33K)
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