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Session Laws, 1974
Volume 713, Page 260   View pdf image
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260                                          LAWS OF MARYLAND                          [Ch. 12

for deletion as unnecessary. The only other
changes are in style.

2-111. EFFECT OF GENERAL COVENANT AGAINST ENCUMBRANCES.

A COVENANT BY THE GRANTOR IN A DEED, "THAT THE LAND
IS FREE AND CLEAR OF ALL ENCUMBRANCES" HAS THE SAME
EFFECT AS IF HE HAD COVENANTED THAT NEITHER HE NOR HIS
PREDECESSORS IN HIS CHAIN OF TITLE HAD DONE, EXECUTED, OR
KNOWINGLY SUFFERED ANY ACT OR DEED WHEREBY THE LAND
GRANTED, OR INTENDED TO BE GRANTED, OR ANY PART OF IT,
ARE OR WILL BE CHARGED, AFFECTED, OR ENCUMBERED IN TITLE,
ESTATE, OR OTHERWISE.

REVISOR'S NOTE: This section presently appears as
Art. 21, §5-111 of the Code. The phrase "for
land" is proposed for deletion as superfluous
in light of the definition of "deed" in
§1-101(c). The phrase "be construed and" is
omitted because it is unnecessary. The
present reference to "thing" is proposed for
deletion as superfluous in light of the use of
the phrase "any act, deed." The only other
changes are in style.

2-112. EFFECT OF COVENANT FOR FURTHER ASSURANCES.

A COVENANT BY A GRANTOR IN A DEED, "THAT HE WILL
EXECUTE FURTHER ASSURANCES OF THE LAND AS MAY BE
REQUISITE," HAS THE SAME EFFECT AS IF THE GRANTOR HAD
COVENANTED THAT HE AT ANY TIME ON ANY REASONABLE REQUEST,
AT THE EXPENSE OF THE GRANTEE WILL DO ANY FURTHER ACT AND
EXECUTE ANY FURTHER INSTRUMENT TO PERFECT THE GRANT AND
ASSURE TO THE GRANTEE THE LANDS GRANTED, OR INTENDED TO
BE GRANTED, AS SHALL BE REASONABLY REQUIRED BY THE
GRANTEE OR HIS ATTORNEY.

REVISOR'S NOTE: This section presently appears as
Art. 21, §5-112 of the Code. The phrase "for
land" is proposed for deletion as superfluous
in light of the definition of "deed" in
§1-101(c). The phrase "counsel, learned in
law" is proposed for deletion and "attorney"
is added to clarify the present meaning of the
statute. The only other changes are in style.

2-113. "DIE WITHOUT ISSUE," AND SIMILAR PHRASES.

UNLESS A CONTRARY INTENT IS EXPRESSLY INDICATED IN
THE DEED, THE WORDS "DIE WITHOUT ISSUE," OR "DIE WITHOUT
LEAVING ISSUE.." OR OTHER WORDS IN A DEED WHICH MAY IMPLY
EITHER A LACK OR A FAILURE OF ISSUE OF A PERSON IN HIS
LIFETIME, OR AT THE TIME OF HIS DEATH, OR AN INDEFINITE
OF HIS ISSUE, MEAN A LACK OR A FAILURE OF ISSUE

FAILURE

 

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Session Laws, 1974
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