In Charles B. Calvert and George H. Calvert v Joseph H. Bradley and Benjamin F. Middleton, the Supreme Court was asked to decide whether a deed of trust given by two individuals for the benefit of their creditors was valid under Maryland law when it did not include an express power of sale in case of default on payment or performance as required by statute at that time. The court found that although such a deed would be invalid if made after the passage of this particular statute, since it had been executed prior to its enactment, it should still be considered valid because no one could have foreseen its existence at that time and thus acted accordingly; therefore, any rights acquired through said deed should remain intact despite its lack of compliance with current laws regarding deeds containing powers-of-sale clauses.

In this case, the Supreme Court was asked to decide whether a deed of trust executed by Charles B. Calvert and George H. Calvert in favor of Joseph H. Bradley and Benjamin F. Middleton was valid under Maryland law even though it had not been recorded within the time period prescribed by statute for such instruments to be considered valid against subsequent purchasers or creditors without notice thereof. The majority opinion held that since the deed had not been timely recorded, it could not be enforced against subsequent purchasers or creditors without notice thereof; however, Justice Grier dissented from this ruling on two grounds: firstly, he argued that there were no statutory provisions requiring deeds of trust to be recorded at all; secondly, he argued that if recording was required then any purchaser who failed to examine public records should bear their own losses as they would have done so at their own risk regardless of when the instrument was actually filed with those records. In conclusion, Justice Grier believed that since there were no statutory requirements mandating recordation for deeds of trust and because any purchaser failing to examine public records did so at their own risk regardless when an instrument is filed with those records - thus making them liable for any losses incurred - then Charles B. Calvert's and George H