650

PROCEEDINGS IN EQUITY. [ART. 65

EQUITABLE JURISDICTION TO REMEDY OMISSION TO RECORD, OR TO
GIVE EFFECT TO INFORMAL, OR INVALID DEEDS.

Art 16, s 23
1785, c 72, s 11,
1791, c 79, 68
2, 3, 1792, c 41.
s 3
Proceeding to
remedy omis-
sion to record
deed agreeably
to law
27 Md 51, 368,
41 Md 514, 2 G
& J 446, 2 H &
J 281, 4 H & J
547, 5 Howard,
79

102. In case any deed shall be executed, to the validity of
which recording is necessary by law, and such deed hath not been
recorded agreeably to law, without any fraudulent intention of the
party claiming under such deed, the court shall have full power and
authority, upon application of the party claiming under such deed,
and upon such notice being given to the party making such deed,
his heir, devisee, executor, or administrator, as the court may direct,
and being satisfied that the party claiming under such deed has a
fair and equitable claim to the premises therein mentioned, to order
and decree, without the appearance or hearing of the defendant,

Effect of record-
ing in pursu-
ance of decree

that such deed shall be recorded, and when such deed is recorded,
it shall, in pursuance of such decree, be taken and considered in
all courts of law and equity against the party making such deed,
his heirs, devisees, executors, and administrators, in the same State,
and to have the same effect and consequences, to all intents and
purposes, as if such deed had been recorded within the time pre-
scribed by law; but such deed shall not destroy, or in any manner
affect, the title of any purchaser of the same thing or premises in
case of a purchase made after the date of such deed, and without
notice of such deed by the person making such after-purchase,
whether such purchase be by contract or by deed recorded agree-
ably to law, nor shall such deed, though recorded as aforesaid, in
any manner affect the creditors of the party making such deed,
who may trust such party after the date of the said deed. The
provisions of this section to apply to non-residents as well as to
residents, and to infants and persons of unsound mind.

1868, c 325.
Detective
acknowledg-
ments
33 Md 401.

103. Whenever any deed or bill of sale shall have been duly
signed and sealed by the parties thereto, but shall not have been
acknowledged by the said parties, or any one of them, in the man-
ner or form, or before the person authorized to take such act or
acknowledgment, the Circuit Court of a county in which, by law,
the said deed or bill of sale ought to be or to have been recorded,
or the Circuit Court of Baltimore City, if the said deed or bill of
sale ought by law to be or to have been recorded in said city, may,

Petition to Cir-
cuit Court and
answer, etc.

upon the petition of any party to said deed or bill of sale, or his or
their assigns, or any person claiming under them, setting forth the
defects in the acknowledgment of said deed or bill of sale, pass an
order directing the other parties thereto to appear and answer the
said petition, and may cause notice to be given to such parties by
summons or publication, according to the practice of the said court,

Testimony

and may direct testimony to be taken in relation to the matters in
said petition, or in said petition and answer contained; and the
said court may grant relief upon said petition by directing the said
parties, or any of them, to acknowledge or to re-acknowledge the