58-2235.Record of defective instruments made prior to 1887 as notice.All instruments of writing now copied into the proper books of theoffice of register of deeds of the several counties of the state shall,upon the passage of this act, be deemed to impart to subsequent purchasersand encumbrancers, and all other persons whomsoever, notice of all deeds,mortgages, releases, powers of attorney, contracts, conveyances, or otherinstruments, so far as and to the extent that the same may be foundrecorded, copied or noted in said books of record, notwithstanding anydefects existing in the execution, acknowledgment, either from the factthat the officer taking such acknowledgment failed to attach the officer'sseal to such instrument, or that the register of deeds failed to record such seal,or for any other cause, recording, or certificate of recording the same;and the record of any such instrument, or a duly authenticated copythereof, shall be competent evidence whenever by the party's own oath orotherwise the original is shown to be lost, or not belonging to the partywishing to use the same, or not within his or her control: Provided, Thatnothing herein contained shall be construed to affect any rights heretoforeacquired in the hands of subsequent grantees, assignors or encumbrancers.
History: L. 1887, ch. 15, § 1; March 18; R.S. 1923, 67-235.
58-2235.Record of defective instruments made prior to 1887 as notice.All instruments of writing now copied into the proper books of theoffice of register of deeds of the several counties of the state shall,upon the passage of this act, be deemed to impart to subsequent purchasersand encumbrancers, and all other persons whomsoever, notice of all deeds,mortgages, releases, powers of attorney, contracts, conveyances, or otherinstruments, so far as and to the extent that the same may be foundrecorded, copied or noted in said books of record, notwithstanding anydefects existing in the execution, acknowledgment, either from the factthat the officer taking such acknowledgment failed to attach the officer'sseal to such instrument, or that the register of deeds failed to record such seal,or for any other cause, recording, or certificate of recording the same;and the record of any such instrument, or a duly authenticated copythereof, shall be competent evidence whenever by the party's own oath orotherwise the original is shown to be lost, or not belonging to the partywishing to use the same, or not within his or her control: Provided, Thatnothing herein contained shall be construed to affect any rights heretoforeacquired in the hands of subsequent grantees, assignors or encumbrancers.
History: L. 1887, ch. 15, § 1; March 18; R.S. 1923, 67-235.
58-2235.Record of defective instruments made prior to 1887 as notice.All instruments of writing now copied into the proper books of theoffice of register of deeds of the several counties of the state shall,upon the passage of this act, be deemed to impart to subsequent purchasersand encumbrancers, and all other persons whomsoever, notice of all deeds,mortgages, releases, powers of attorney, contracts, conveyances, or otherinstruments, so far as and to the extent that the same may be foundrecorded, copied or noted in said books of record, notwithstanding anydefects existing in the execution, acknowledgment, either from the factthat the officer taking such acknowledgment failed to attach the officer'sseal to such instrument, or that the register of deeds failed to record such seal,or for any other cause, recording, or certificate of recording the same;and the record of any such instrument, or a duly authenticated copythereof, shall be competent evidence whenever by the party's own oath orotherwise the original is shown to be lost, or not belonging to the partywishing to use the same, or not within his or her control: Provided, Thatnothing herein contained shall be construed to affect any rights heretoforeacquired in the hands of subsequent grantees, assignors or encumbrancers.
History: L. 1887, ch. 15, § 1; March 18; R.S. 1923, 67-235.
