State Codes and Statutes

Statutes > New-york > Rpp > Article-9 > 314

§  314.  Recording  of  conveyances acknowledged or proved without the  state, when parties and certifying officer are dead. When the  execution  of  a  conveyance  of real property within this state is acknowledged or  proved according to the laws of any other state of  the  United  States,  and  a  certificate of the acknowledgment or proof signed by the officer  taking it is annexed to or indorsed upon the instrument, if such officer  and the grantor or mortgagor be dead and the death of  all  of  them  be  proved by affidavit, sworn to in such state before an officer authorized  by  its  laws  to  administer  an oath therein, the conveyance, with the  affidavit or affidavits  annexed  thereto,  on  being  authenticated  as  required  by  this  section, may be read in evidence and recorded in the  same manner, and with like effect, as if the conveyance was acknowledged  or proved and certified as required  by  the  laws  of  this  state.  To  entitle  such  conveyance  and  affidavits  to  be  read in evidence, or  recorded, a certificate of the clerk, recorder, register or prothonotary  of the county in which the deceased officer resided, authenticating  his  signature,  and  also  certifying that the conveyance is acknowledged or  proved in all respects, as required by the laws of such state,  must  be  annexed  to  the  original  certificate;  and a like certificate of such  clerk, recorder, register or prothonotary, authenticating the  signature  of  the  officer,  before  whom  the  affidavits proving the deaths were  taken, must be annexed to  such  affidavits.  The  affidavits  on  being  recorded,  are  presumptive evidence of the matters of fact, required to  be stated therein.

State Codes and Statutes

Statutes > New-york > Rpp > Article-9 > 314

§  314.  Recording  of  conveyances acknowledged or proved without the  state, when parties and certifying officer are dead. When the  execution  of  a  conveyance  of real property within this state is acknowledged or  proved according to the laws of any other state of  the  United  States,  and  a  certificate of the acknowledgment or proof signed by the officer  taking it is annexed to or indorsed upon the instrument, if such officer  and the grantor or mortgagor be dead and the death of  all  of  them  be  proved by affidavit, sworn to in such state before an officer authorized  by  its  laws  to  administer  an oath therein, the conveyance, with the  affidavit or affidavits  annexed  thereto,  on  being  authenticated  as  required  by  this  section, may be read in evidence and recorded in the  same manner, and with like effect, as if the conveyance was acknowledged  or proved and certified as required  by  the  laws  of  this  state.  To  entitle  such  conveyance  and  affidavits  to  be  read in evidence, or  recorded, a certificate of the clerk, recorder, register or prothonotary  of the county in which the deceased officer resided, authenticating  his  signature,  and  also  certifying that the conveyance is acknowledged or  proved in all respects, as required by the laws of such state,  must  be  annexed  to  the  original  certificate;  and a like certificate of such  clerk, recorder, register or prothonotary, authenticating the  signature  of  the  officer,  before  whom  the  affidavits proving the deaths were  taken, must be annexed to  such  affidavits.  The  affidavits  on  being  recorded,  are  presumptive evidence of the matters of fact, required to  be stated therein.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpp > Article-9 > 314

§  314.  Recording  of  conveyances acknowledged or proved without the  state, when parties and certifying officer are dead. When the  execution  of  a  conveyance  of real property within this state is acknowledged or  proved according to the laws of any other state of  the  United  States,  and  a  certificate of the acknowledgment or proof signed by the officer  taking it is annexed to or indorsed upon the instrument, if such officer  and the grantor or mortgagor be dead and the death of  all  of  them  be  proved by affidavit, sworn to in such state before an officer authorized  by  its  laws  to  administer  an oath therein, the conveyance, with the  affidavit or affidavits  annexed  thereto,  on  being  authenticated  as  required  by  this  section, may be read in evidence and recorded in the  same manner, and with like effect, as if the conveyance was acknowledged  or proved and certified as required  by  the  laws  of  this  state.  To  entitle  such  conveyance  and  affidavits  to  be  read in evidence, or  recorded, a certificate of the clerk, recorder, register or prothonotary  of the county in which the deceased officer resided, authenticating  his  signature,  and  also  certifying that the conveyance is acknowledged or  proved in all respects, as required by the laws of such state,  must  be  annexed  to  the  original  certificate;  and a like certificate of such  clerk, recorder, register or prothonotary, authenticating the  signature  of  the  officer,  before  whom  the  affidavits proving the deaths were  taken, must be annexed to  such  affidavits.  The  affidavits  on  being  recorded,  are  presumptive evidence of the matters of fact, required to  be stated therein.