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Session Laws, 1974
Volume 713, Page 256   View pdf image
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256                                          LAWS OF MARYLAND                          [Ch. 12

2-101. "GRANT" OR "BARGAIN AND SELL" CONSTRUED TO PASS
WHOLE INTEREST.

THE WORD "GRANT," THE PHRASE "BARGAIN AND SELL," IN
A DEED, OR ANY OTHER WORDS PURPORTING TO TRANSFER THE
WHOLE ESTATE OF THE GRANTOR, PASSES TO THE GRANTEE THE
WHOLE INTEREST AND ESTATE OF THE GRANTOR IN THE LAND
MENTIONED IN THE DEED UNLESS A LIMITATION OR RESERVATION
SHOWS, BY IMPLICATION OR OTHERWISE, A DIFFERENT INTENT.

REVISOR'S NOTE: This section presently appears as
Art. 21, §5-101 of the Code. The phrase
"shall be construed" is proposed for deletion
for the reasons explained in the revisor's
note to §1—102. The only other changes are in
style.

2-102. TENANT OF ESTATE TAIL MAY GRANT IN FEE SIMPLE.

ANY PERSON SEIZED OF AN ESTATE TAIL, IN POSSESSION,
REVERSION, OR REMAINDER, IN ANY LAND, TENEMENT, OR
HEREDITAMENT MAY GRANT AND SELL IT IN THE FORK OF A GRANT
AS IF HE WERE SEIZED OF AN ESTATE IN FEE SIMPLE AND THE
GRANT IS GOOD AND AVAILABLE, TO ALL INTENTS AND PURPOSES,
AGAINST EVERY PERSON WHOM THE GRANTOR MIGHT DEBAR BY ANY
MODE OF COMMON RECOVERY, OR BY ANY OTHER MEANS.

REVISOR'S NOTE: This section presently appears as
Art. 21, §5-102 of the Code. The phrase
"shall be" is proposed for deletion for the
reasons explained in the revisor's note to
§1—102. The only other changes are in style.

2-103. RIGHTS GRANTED BY ASSIGNMENT OF MORTGAGE.

EVERY     VALID ASSIGNMENT OF A MORTGAGE IS SUFFICIENT

TO GRANT TO   THE ASSIGNEE EVERY RIGHT WHICH THE ASSIGNOR

POSSESSED       UNDER THE MORTGAGE AT THE TIME OF THE
ASSIGNMENT.

REVISOR'S NOTE: This section presently appears as
Art. 21, §5-103 of the Code. In the first
sentence the phrase "shall be construed" is
proposed for deletion for the reasons
explained in the revisor's note to §1—102.
The only other changes are in style.

2-104. MEANING OF TERM "THE SAID COVENANT."

IF THE WORDS "THE SAID...COVENANTS" ARE USED IN A
DEED, THE WORDS ARE PRESUMED TO HAVE THE SAME EFFECT AS
IF THE COVENANT WERE EXPRESSED TO BE BY THE COVENANTOR
FOR HIMSELF AND AS IF MADE WITH THE GRANTEE IN THE DEED.

 

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Session Laws, 1974
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