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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 753   View pdf image (33K)
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CONVEYANCING 753

The words "duly recorded" in this section do not apply alone to deeds recorded within
the six months' period, since such a construction would strip a curative act of all'its
meaning. A deed, though not giving the day of its execution and the day and month
of its acknowledgment, upheld under this section and sec. 103. Eden St. Bldg. Assn. v.
Lusby, 116 Md. 177.

An. Code, 1924, sec. 91. 1912, sec. 89. 1908, ch. 259. 1910, ch. 588 (p. 64). 1912, ch. 85.
1914, ch. 259. 1916, ch. 151, sec. 1A. 1918, ch. 396, sec. 1A. 1920, ch. 354, sec. 1A.
1922, ch. 544, sec. 1A. 1924, ch. 431, sec. 89. 1927, ch. 590, sec. 91.
1929, ch. 546, sec. 91. 1931, ch. 312, sec. 91. 1933, ch. 50, sec. 91.
1935, ch. 472, see. 91. 1939, ch. 44, sec. 91.

107. Any assignment of any mortgage, which assignment has been
heretofore executed and recorded, but which has not been sealed and in
which no mention of any seal has been made or in which either of such
defects, or any mortgage or assignment of mortgage sworn to or not sworn
to at all, shall be and they are hereby made valid to all intents. and pur-
poses, as if said mortgage or assignment of mortgage had been in.such
. matters in full conformity with the law in force at the time of such execu-
tion, provided, that any such mortgage or assignment of mortgage is in
other respects legal and valid; and provided, further, that nothing in Sec-
tions 103 and 107 shall affect the rights of any bona fide purchasers or
creditors, without notice, who become so prior to June 1st, 1939.

This section is substantially the same as art. 66, sec. 31.

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

Miscellaneous.

An. Code, 1924, sec. 92. 1912, sec. 90. 1904, sec. 86. 1888, sec. 83, 1886, ch. 236.

108. In any deed executed after the 7th day of April, 1886, of any
real or personal estate, the words "die without issue," or "die without
leaving issue," or "have no issue," or any other words which may import
either a want or a failure of issue of any person in his lifetime, or at the
time of his death, or an indefinite failure of his issue, shall be construed
to mean a want or failure of issue in the lifetime, or at the time of the
death of such person, and not an indefinite failure of his issue, unless a
contrary intention shall appear by the deed.

This section referred to in construing art. 93, sec. 347—see notes thereto. Gambrill
v. Forest Grove Lodge, 66 Md. 35 (dissenting opinion). And see Bradford v. Mackenzie,
131 Md. 336.

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

For a similar section applicable to wills, see art. 93, sec. 347.

An. Code, 1924, sec. 93. 1912, sec. 91. 1904, sec. 87. 1888, sec. 84. 1882, ch. 215,
secs. 1 and 2. 1910, ch. 438 (p. 64).

109. In all cases where any railroad equipment and rolling stock, or
other personal property to be used in or about the operation of any railroad
shall be sold to any person, firm or corporation, to be paid for in whole or
in parts by instalments, or shall be leased, rented, hired or delivered on
condition that the said shall be used by the person, firm or corporation pur-
chasing, leasing, renting, hiring or receiving the same, the title to the same
to remain in the vendor, lessor, renter, hirer or deliverer of the same until
the agreed-upon price of such property shall have been paid, such condition
in regard to the title so remaining in the vendor, lessor, renter, hirer or de-
liverer, notwithstanding delivery to and possession by the other party, until
such payments are fully made, shall be valid for all intents and purposes
as to subsequent purchasers in good faith, and creditors; provided, the
term during which the rent or instalments are to be paid shall not exceed


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 753   View pdf image (33K)
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