« AnteriorContinuar »
than 5 years, and
ments as to lands,
unless recorded, chasers and cred
void as to pu
itors without no
Deeds for longer sideration of marriage, shall be good against a purchaser, for a valuable consideration, not having had notice thereof, or any creditor, unless the same be acknowledged by the party who shall execute the same, or be proved and lodged for record in the proper office, as prescribed by law; and the provisions of this section shall apply with like protection to the creditor of, or innocent purchaser from, the heir or devisee of the grantor.
deed to be recorded.
§ 9. All deeds and mortgages and other instruments of In what county Writing, which are required by law to be recorded, to be effectual against purchasers without notice, or creditors, shall be recorded in the clerk's office of the court of the county in which the property conveyed, or the greater part thereof, shall be.
§ 10. No deed of trust or mortgage, conveying a legal or equitable title to real or personal estate, shall be valid against a purchaser for a valuable consideration, without notice thereof, or against creditors, until such deed shall be acknowledged or proved according to law, and lodged for record.
§ 11. All bona fide deeds of trust or mortgage shall take When & in what effect in the order that the same shall be legally acknowl
order such deeds take effect.
Deeds of trust, corded, not good
&c., unless re
as to creditors, &c., without notice.
edged or proved and lodged for record. (a)
§ 12. Liens, by deed or mortgage, may be discharged by an entry acknowledging satisfaction of the same on the margin of the record thereof, signed by the person entitled to the same, or his personal representative, and attested by the clerk or his deputy, which, in the case of a mortgage or deed of trust, shall have the effect to reinvest the title in the mortgagor or grantor, or person entitled thereto. This provision shall not be held to change the existing law, if no such entry be made.
ney to be recorded
13. Powers of attorney to convey real or personal propPowers of attor erty may be acknowledged, proved, and recorded in the proper office, in the manner prescribed for recording conveyances. If the conveyance, made under a power, is required by law to be recorded, or lodged for record, to make the same valid against creditors and purchasers, then the power must be lodged or recorded in like manner. (b)
Release of lien or gin of the deed
mortgage on mar
(a) A deed of trust, though not recorded, will prevail in equity against a creditor who had notice before he acquired a legal title to the property embraced therein (Forepaugh vs. Appold, 17 B. M., 631.)
(b) The recording of a deed, executed by power of attorney, will not operate as constructive notice, unless the power or letters of attorney be also recorded. ( (Graves vs. Ward, 2 Duv.
§14. Deeds made by residents of Kentucky, other than deeds of trust and mortgages, shall not be good against a purchaser for a valuable consideration not having notice thereof, or any creditor, except from the time the same shall be legally lodged for record, unless the same be so lodged. within sixty days from the date thereof. If made by persons residing out of Kentucky, and in the United States, within four months; if out of the United States, within twelve months. (a)
§ 15. Deeds executed in this State, by persons other than Deeds executed married women, may be admitted to record—
in Kentucky may be recorded on acknowledgment
I. On the acknowledgment, before the proper clerk, by or proof other the party making the deed.
2. Or by the proof of two subscribing witnesses, or by the proof of one subscribing witness, who shall also prove the attestation of the other.
3. Or by proof by two witnesses that the subscribing witnesses are both dead; and also like proof of the signature of one of them and of the grantor.
Deeds are to be
lodged for record
within what time.
4. Or by like proof that both of the subscribing witnesses are out of the State, or that one is so absent, and the other is dead; and also like proof of the signature of one of the witnesses and of the grantor.
5. Or on the certificate of a clerk of a county court of this State that the same had been acknowledged or proved before him, as required by this section.
out of the State, but within the U. S., proof on which
§ 16. Deeds executed out of the State, and within the Deeds executed United States, by persons other than married women, may be admitted to record, when the same shall be certified, under they may be rehis seal of office, by the clerk of a court, or his deputy, or by a notary public, mayor of a city, or Secretary of State, Acts 1872, 32. or commissioner to take the acknowledgment of deeds, or by a judge, under the seal of his court, to have been acknowledged or proved before him in the manner hereby required. (b)
§ 17. Deeds executed out of the United States, by persons other than married women, may be admitted to record,
executed out of the United
States, proof on be recorded.
which they may
(a) A deed not lodged for record within eight months, is nevertheless good against a subsequent purchaser, with notice. If such purchaser be a married woman, notice to her husband is legal notice to her. (Bennet and wife vs. Titherington, 6 Bush, 192.)
(b) It a certificate of an officer as to the wife's acknowledgment of a deed, either expressly or by clear implication, imports that the examination and acknowledgment were, in effect, conformable with the statute, it will be conclusive, whatever may be the language used in drafting it. (Martin vs. Davidson's heirs, 3 Bush, 572.)
when the same shall be certified by any foreign minister or consul, or Secretary of Legation of the United States, or by the Secretary of Foreign Affairs, certified under his seal of office, or the judge of a superior court of the nation, where the deed shall be executed, to have been acknowledged or proved before him in the manner prescribed by law.
§ 18. Where a deed is proved by persons other than the Certain proof subscribing witnesses, the officer shall state the names and residence of such persons in his certificate.
$ 19. Married women may convey any real or personal Deeds of married estate which they own, or in which they have an interest, legal or equitable, in possession, reversion, or remainder.
or separate deed.
§ 20. The conveyance may be by the joint deed of husMay be by joint band and wife, or by separate instrument; but in the latter case the husband must first convey, or have theretofore conveyed. The deed as to the husband may be acknowledged, or proved and recorded, as heretofore provided. (a)
edged and certi
§ 21. A deed of a married woman, to be effectual, shall How acknowl- be acknowledged before some of the officers named in the preceding sections, and lodged in the proper office for record. Previous to such acknowledgment, it shall be the duty of the officer to explain to her the contents and effect of the deed, separately and apart from her husband, and thereupon, if she freely and voluntarily acknowledge the same, and is willing for it to be recorded, the officer shall certify the same as follows:
I. Where the acknowledgment shall be taken by an officer of this State, he shall simply certify that it was acknowledged before him, and when it was done, which shall be evidence that she had been examined separately and apart from her husband, and the contents explained to her, and that she had voluntarily acknowledged the instrument, and consented that it should be recorded.
2. Where the acknowledgment shall be taken by an officer residing out of this State, the same shall be acknowledged and certified to the effect following:
Commonwealth (or Kingdom) of — sct:
County (or Town, or City, or Department, or Parish) of
I, A B (here give his title), do certify that this instru
(a) The provisions of section twenty of this chapter must be understood as applying only to the general property of the married woman, not her separate estate. (Stuart vs. Wilder, 17 B. M., 58.)
ment of writing from C D and wife, E F (or from E F, wife of C D), was this day produced to me by the parties, and the contents and effect of the instrument being explained to the said E F by me, separately and apart from her husband, she thereupon declared that she did freely and voluntarily execute and deliver the same, to be her act and deed, and consented that the same might be recorded.
[Seal.] Given under my hand and seal of office. A. B. 3. If the husband join in the deed with his wife, and acknowledge it before the same officer, his acknowledgment may be certified with that of his wife, immediately succeeding the word "parties," thus: "which was acknowledged by the said C D to be his act and deed."
§ 22. Where deeds have been or may be legally executed, but not recorded or lodged for record in proper time, such deeds may be proved or acknowledged and recorded, and be as effectual from the time of so recording, as if recorded in proper time.
§ 23. The clerk of each county court shall record all in- Duty of clerk in struments of writing embraced in any section of this chapter, which shall be lodged for record properly certified, or which shall be acknowledged or proved before him as required by law. He shall also record the certificates indorsed on the same, and shall certify the time when the instrument was lodged in his office for record. If acknowledged or proved before him, he shall also certify the time of doing the same, and by whom proved, and that the instrument and the certificates thereon have been duly recorded in his office.
Deeds not record
ed in due time
good from day of
§ 24. If the office of any county court clerk has been, or Duty of each sucmay hereafter be, vacated, leaving therein any instruments of writing unrecorded, which, from an official indorsement thereon, shall appear to have been acknowledged or proved ready for record, or that have been acknowledged or proved before another officer, and certified according to law, and lodged in his office for record, or shall be produced to his successor for record, the successor of such clerk shall record Acts 1864. the same, making his certificate conform to the facts.
25. If the office of any county court clerk has been, or may hereafter be, vacated, leaving therein any instrument Power of such of writing unrecorded, which, from an official indorsement
thereon, shall appear to have been acknowledged or proved in part, the successor may receive the complete acknowledgment or proof according to law, and record the same, making his certificate conform to the facts.
§ 26. If the office of any county court clerk has been, or
May correct er may hereafter be, vacated, leaving therein any instrument of
ror, if any, by the original, if never taken from the of
writing recorded in his office, the original of which has never fice, and may sign been taken therefrom, and in the record of which, or the
name of his predecessor.
1 R. S., 284.
authentication thereof, there is an error or omission, by deviation from the original, it shall be the duty of the successor to correct such record, by making it an exact copy of the original instrument and authentication. And whenever the clerk who has vacated his office shall have failed to put his name to the certificate on any instrument of writing which he has recorded, or to the record thereof, and the original shall not have been removed from his office, the successor shall sign the name of the deceased clerk to the same, and shall make a note on the record at the foot of the certificate, of any act done as aforesaid.
Original to be delivered.
§ 27. No commission shall be necessary to take the acNo commission knowledgment or proof of any instrument of writing, preacknowledgment. paratory to the recording of the same.
necessary to take
§ 28. Certified copies of all instruments legally recorded Copies evidence. shall be prima facie evidence in all courts and tribunals of this State.
§ 29. Instruments which have been or may be recorded
shall be delivered to the party entitled to the same.
$ 30. Where any married woman shall heretofore, jointly Acknowledg; with her husband, have executed a deed for any property, hereto- with a view to pass her estate therein, and shall have ac
ments of married
idence that the knowledged the same, separately and apart from her hus
deed was freely
and voluntarily band, before any officer having the power to take and certify
the acknowledgment or proof of deeds, and the same has been recorded in the proper office in due time, as required by law, the deed so recorded, or a copy from the record thereof, shall be evidence, in all courts and tribunals, that the deed was freely and voluntarily executed and acknowledged. But this provision shall not be held to embrace a certificate which on its face shows that only a relinquishment of dower was intended.