384 CHANCERY. [ART. 16

Deeds.

1888, art. 16, sec. 33. 1860, art. 16, sec. 23. 1785, ch. 72, see. 11.
1791, ch. 79, secs. 2, 3. 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 heirs, 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, that such deed shall
be recorded; and when such deed is recorded, it shall, in pur-
suance 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 pur-
poses, 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 agreeably 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.

Somerville v. Trueman, 4 H. & McH. 43. Moncrieff v. Goldsborough, 4
H. & McH. 281. Carroll v Norwood, 1 H. & J. 180. Jones v. Jones, 2 H.
& J. 281. Woods v Fulton, 4 H. & J. 329. Wicks v. Chew, 4 H. & J. 547.
Carroll v. Norwood, 5 H. & J. 165. Pannell v. Farmers' Bank, 7 H. & J.
203. Brundige v. Poor, 2 G. & J. 1. Sprigg v. Lyles, 2 G. &. J. 446. Rob-
erts v. Salisbury, 3 G. & J. 425. Chambers v. Chambers, 4 G. & J. 420.
Brooks v. Dent, 1 Md. Ch. 523. Price v. McDonald, 1 Md. 403. Johns v.
Scott, 5 Md. 81. Dyson v. Simmons, 48 Md. 207. Stanhope v Dodge, 52.
Md. 483. Hartsock v. Russell, 52 Md. 619. Dodge v. Stanhope, 55 Md. 113.
Brown v. Stewart, 56 Md. 421 Nally v. Long, 56 Md. 567. Harding v.
Allen, 70 Md. 395. Hoffman v. Gosnell, 75 Md. 590. Cissel v. Henderson,
88 Md. 576. Wingert v. Zeigler, 91 Md. 324.