P. G. L., (1860,) art. 24, sec. 9. 1856, ch. 154, sec. 24. 9. All deeds conveying real estate which shall contain the names of the grantor and grantee, or bargainor and bargainee, a consideration in cases where a consideration is necessary to the validity of a deed, and a description of the real estate sufficient to identify the same with reasonable certainty, and the interest or estate intended thereby to be conveyed, shall be sufficient, if executed, acknowledged and recorded as herein required. Ibid. sec. 10. 1856, ch. 154, sec. 25. 10. Every deed conveying real estate shall be signed and sealed by the grantor or bargainor, and attested by at least one witness. Carrico v. Farmers & Merchants' Bank, 33 Md. 235. Brydon ♥. Campbell, 40 Md. 331. Riswick v. Goodhue, 50 Md. 61. Ibid. sec. 11. 1856, ch. 154, secs. 10-11. 11. No words of inheritance shall be necessary to create an estate in fee simple, but every conveyance of real estate shall be construed to pass a fee simple estate, unless a contrary intention shall appear by express terms or be necessarily implied therein. Hawkins . Chapman, 36 Md. 83. Foos v. Scarf, 55 Md. 311. Ibid. sec. 12. 1856, ch. 154, secs. 12-26. 12. The word "grant," the phrase "bargain and sell," in a deed, or any other words purporting to transfer the whole estate of the grantor, shall be construed to pass to the grantee the whole interest and estate of the grantor in the lands therein mentioned, unless there be limitations or reservations, showing, by implication or otherwise, a different intent. Worthington v. Lee, 61 Md. 539. Ibid. sec. 13. 1856, ch. 154, secs. 96-97. 13. Every deed of any of the interests or estates mentioned in the first section of this article shall be recorded within six months from its date, in the county or city in which the land affected by such deed lies; and where it lies in more than one county, or in the city of Baltimore and a county, it shall be recorded in all the counties and the said city in which such land lies. Smith's Lessee v. Smith, 3 H. & McH. 103. Smith's Lessee v. Steele, 3 H. & McH. 103. Hoddy's Lessee v. Harryman, 3 H. & McH. 581. Bradford's Lessee v. McComas, 3 H. & McH. 444. Gassaway v. Dorsey, 4 H. & McH. 405. Carroll's Lessee v. Norwood, 1 H. & J. 167. Cheney's Lessee v. Watkins, 1 H. & J. 527. Owings v. Norwood's Lessee, 2 H. & J. 96. Crawford v. State, 6 H. & J. 231. Hurn v. Soper, 6 H. & J. 276. Mundell v. Perry, 2 G. & J. 193. Burke v. Negro Joe, 6 G. & J. 136. Salmon v. Clagett, 3 Bland, 125. U. S. Ins. Co. v. Shriver, 3 Md. Ch. 381. Budd ». Brooke, 3 Gill, 198. Mann e. Martin, 4 Md. 124. Winchester e. Balto. & S. R. R. Co., 4 Md. 231. Johns e. Scott, 5 Md. 81. Barry v. Hoffman, 6 Md. 78. Burgess . Lloyd, 7 Md. 178. General Ins. Co. v. U. S. Ins. Co., 10 Md. 517. Berry v. Matthews, 13 Md. 537. Cooke's Lessee 7. Kell, 13 Md. 469. Farquharson v. Eichelberger, 15 Md. 73. Bryan's Lessee •. Harvey, 18 Md. 130. Colvin v. Warford, 20 Md. 396. Hoopes v. Knell, 31 Md. 550. Sixth Ward Bldg Ass'n c. Wilson, 41 Md. 506. P. G. L., (1860,) art. 24, sec. 14. 1856, ch. 154, sec. 100. 14. Every deed of real property, when acknowledged and recorded as herein directed, shall take effect as between the parties thereto from its date. Carroll's Lessee v. Norwood, Wickes v. Caulk. 5 H. & J. 36. 1 H. & J. 167. Jones . Jones, 2 H. & J. 281. Betts v. Union Bank, 1 H. & G. 175. Glenn v. Grover, 3 Md. 212. Barry v. Hoffman, 6 Md. 78. Henderson v. M. & C. C. of Balto., 8 Md. 352. Hutchins . Dixon, 11 Md. 29. Brown v. Murdoch, 16 Md. 533. Phelps v. Phelps, 17 Md. 121. Knell v. Green St. Bldg. Ass'n, 34 Md. 67. Rosenthal v. Maryland Brick Co., 61 Md. 594. Ibid sec. 15. 1856, ch. 154, sec. 102. 15. No deed of real property shall be valid for the purpose of passing title unless acknowledged and recorded as herein directed. Ibid. sec. 16. 1825, ch. 203,, sec. 1. 16. Where there are two or more deeds conveying the same lands or chattels real, the deed or deeds which shall be first recorded according to law shall be preferred, if made bona fide and upon good and valuable consideration. This section to apply to all deeds of mortgage, and to all other deeds or conveyances to the validity of which recording is necessary. Moncrieff. Goldsborough, 4 H. & McH. 281. Carroll's Lessee. Norwood, 1 H. & J. 167. Hardy . Summers, 10 G. & J. 316. Winn, 2 Md. Ch. 25. Gill v. McAtee, 2 Md. Ch. 255. Ch. 174. U. S. Ins. Co. v. Shriver, 3 Md. Ch. 381. O'Neill v. Cole, 3 Md. Johns v. Scott, 3 Md. Ch. Woollen 57. Ing v. Brown, 3 Md. Ch. 521. Clabaugh v. Byerly, 7 Gill, 354. v. Hillen, 9 Gill 194. Price v. McDonald, 2 Md. 403. O'Neill v. Cole, 4 Md. 107. Johns v. Scott, 5 Md. 81. General Ins. Co. v. U. S. Ins. Co., 10 Md. 517. Williams v. Banks, 11 Md. 198. Johns v. Reardon, 11 Md. 465. Cooke's Lessee v. Kell, 13 Md. 469. Wilson v. Russell, 13 Md. 496. Farquharson v. Eichelberger, 15 Md. 73. Cockey v. Milne's Lessee, 16 Md. 207. Hoffman S. C. Co. v. C. C. & I. Co., 16 Md. 456. Waters' Lessee v. Riggin, 19 Md. 536. Blondheim, 19 Md. 175. Willard's Exrs. v. Ramsburg, 22 Md. 206. Hagerstown Bank, 27 Md, 51. Chew v. Buchanan, 30 Md. 376. Green St. Bldg. Ass'n 34 Md. 67. Busey v. Reese, 38 Md. 264. erts, 40 Md. 593. Swartz v. Chickering, 58 Md. 290. 18. Moore .. Nelson v. Knell v. Kane v. RobTyler v. Abergh, 65 Md.. P. G. L., (1860,) art. 24, sec. 17. 1813, ch. 104, sec. 4. 17. When a trustee sells and conveys lands lying in one county, under a decree passed in another county, the deed shall be recorded in each county where the land lies, and shall recite so much of the decree under which the sale was made, as will show when and by what court it was passed, and the names of the parties, and the appointment of the trustee who made the sale; the city of Baltimore is to be regarded as a county in the meaning of this section. Ibid. sec. 18. 1822, ch. 104. 18. If any clerk shall die, and during the interval between his death and the qualification of his successor, the time for recording any deeds or other written documents required by law to be recorded in a specific time, shall expire, the successor of such clerk so dying shall record the same at any time within one month after his qualification-to have the same effect as if such deed or other document were recorded within the time prescribed by law; and shall endorse thereon the time of the death of the former clerk and the date of his own qualification, which endorse-ment shall be recorded with the deed or other document and shall be evidence of the facts it contains. Ibid. sec. 19. 1860, ch. 133, sec. 1. 1867, ch. 58. 19. Any deed or conveyance of or relating to land, duly acknowledged and required by law to be recorded, except deeds or conveyances by way of mortgages, may be recorded after the time herein prescribed; and when so recorded shall have, as against the grantor, his heirs or executors, and against all purchasers, with notice of such deed or conveyance, and against all creditors of such grantor and his heirs, who shall become so after the recording of such deed or conveyance, the same validity and effect as if recorded within the time hereinbefore prescribed; this section to apply to all deeds executed and acknowledged according to law, whether before or after the adoption of this code. Brydon . Campbell, 40 Md. 331. Carson v. Phelps, 40 Md. 73. Pfeaff v. Jones, 50 Md. 263. Stanhope v. Dodge, 52 Md. 485. Dodge v. Stanhope, 55 Md. 116. Brown v. Stewart, 56 Md. 431. P. G. L., (1860,) art. 24, sec. 20. 1831, ch. 304. 20. When the grantee, his heir or executor, in any deed or conveyance, shall take possession of the lands purporting to be conveyed thereby, such deed or conveyance, after being recorded, (though not recorded within six months,) shall have against all persons, from the time of taking possession as aforesaid, the same effect and validity, to all intents and purposes, as if the same had been recorded in proper time; nothing herein, however, to affect in any manner the preferences and priorities declared and given in section 16 of this article. Bryan's Lessee v. Harvey, 18 Md. 113. Ibld. sec. 21. 1831, ch. 304. 21. But as against all creditors who have become so before the recording of such deed or conveyance, and without notice of the existence thereof, such deed or conveyance shall have validity and effect only as a contract for the conveyance or assurance of the estate, interest or use, purported by such deed or conveyance to be conveyed or assured. Phillips v. Pearson, 27 Md. 242. Johnston v. Canby, 29 Md. 211. Phelps, 40 Md. 73. Sixth Ward Bldg. Asso. v. Wilson, 41 Md. 514. Ibid. sec. 22. 1860, ch. 133, sec. 2. Carson v. 22. When any deed has been acknowledged before a commissioner, appointed to take the acknowledgment of deeds out of the State, whether the commissioner had qualified or not by taking the oath and transmitting his signature and the impression of his seal to the secretary of State, as required by law, the same shall be as valid as if said commissioner had been duly qualified and was duly authorized to take acknowledgments of deeds; and when any commissioner to take acknowledgments of deeds out of this State, had duly qualified and was acting as such previous to the passage of the act of eighteen hundred and fifty-two, chapter one hundred and six, and continued so to act, without having qualified as required by the said act, and as such commissioner took the acknowledgment of any deed or mortgage, such deed or mortgage shall be as valid as if the said commissioner had been duly qualified to act at the time of the taking of such acknowledgment, or doing any other official act. P. G. L., (1860,) art. 24, sec. 23. 1715, ch. 47, sec. 4. 1794, ch. 57. 23. Neither livery of seisin nor indenting shall be necessary to the validity of any deed. Paca's Lessee v. Forward, 2 H. & McH. 175. Smith's Lessee v. Steele, 3 H. & McH. 103. Gitting's Lessee v. Hall, 1 H. & J. 14. Tyson v. Rickard, 3 H. & J. 109. Hudson v. Warner, 2 H. & G. 415. Matthews v. Ward. 10 G. & J. 443. Barry v. Hoffman, 6 Md. 78. Phelps v. Phelps, 17 Md. 134. Sixth Ward Bldg. Ass'n. v. Wilson, 41 Md. 506. Ibid. sec. 24. 1782, ch. 23, 24. Any person seized of an estate tail, in possession, reversion or remainder, in any lands, tenements or hereditaments, may grant, sell and convey the same in the same manner and by the same form of conveyance as if he were seized of an estate in fee simple; and such conveyance shall be good and available, to all intents and purposes, against all persons whom the grantor might debar by any mode of common recovery, or by any ways or means whatsoever. Paca's Lessee v. Forward, 2 H. & McH. 175. Hopkins' Lessee . Threlkeld, 2 H. & McH. 443. Calvert's Lessee v. Eden, 2 H. & McH. 279. Ridgely v. McLaughlin, 3 H. & McH. 220. Todd . Pratt, 1 H. & J. 465. Laidler v. Young's Lessee, 2 H. & J. 69. Smith v. Smith, 2 H. & J. 314. Jones v. Jones, 2 H. & J. 281. Brogden v. Walker, 2 H. & J. 285. Howard . Moale's Lessee, 2 H. & J. 249. Partridge v. Dorsey's Lessee, 3 H. & J. 302. Carroll's Lessee . Maydwell, 3 H. & J. 292. Newton v. Griffith, 1 H. & G. 112. Chase's Case, 1 Bl. 230. Maslin v. Thomas, 8 Gill, 23. Key's Lessee v. Davis, 1 Md. 41. Posey's Lessee v. Budd, 27 Md. 477. 25. Every power of attorney authorizing an agent or attorney to sell and convey any real estate, shall be attested and acknowledged in the same manner as a deed, and recorded with the deed |