Legislation
SECTION 314
Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead
Real Property (RPP) CHAPTER 50, ARTICLE 9
§ 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, 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.