140 CHANCERY—DECREES—DEEDS. [ART. 16.

1888, ch 478.

28. A trustee of property is "a person interested to deny" a
title, adverse to die title or rights of some one who is not in

existence, and for whom, if in existence, he would be a trustee.

Ibid.

29. Contingent characters or rights may be the subject of such
a declaratory suit and decree if they are actually disputed, but
not otherwise.

Ibid

30. No declaratory suit can be brought, nor decree passed to

establish a fact or facts that ore without legal consequences.

Ibid

31. A declaratory decree made under the foregoing sections
shall be binding only on the parties to the suit and persons claim-
ing through them respectively; and where any of the parties are
trustees, on the persons for whom, if in existence at the date of
the decree, such parties would be trustees, and the court may, in
its discretion, make a declaratory decree as to the respective
rights and legal characters of all or any of the parties to the suit.

Ibid

32. Such decree shall be subject to the same right of appeal
as other decrees of courts of chancery.

Deeds.

P. G. L., (1860,) art 16, sec. 23. 1785, ch 72, sec. 11. 1791, ch. 79, secs. 2-8.

1792, ch 41, sec. 3.

33. 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