58-2237. Certain defective instruments validated after being on record ten years; instrument, record or copy as evidence.
58-2237
58-2237. Certain defective instruments validated after being on recordten years; instrument, record or copy as evidence.When any instrument of writing shall have been on record in the officeof the register of deeds in the proper county for the period of ten (10)years, and there is a defect in such instrument because it has not beensigned by the proper officer of any corporation, or because of anydiscrepancy in the corporate name, or because the corporate seal of thecorporation has not been impressed on such instrument, or because therecord does not show such seal, or because such instrument is notacknowledged, or because of any defect in the execution, acknowledgment,recording or certificate of recording the same, such instrument shall, fromand after the expiration of ten (10) years from the filing thereof forrecord, be valid as though such instrument had, in the first instance, beenin all respects duly executed, acknowledged, and certified, and containedthe true corporate name, and such instrument shall, after the expiration often (10) years from the filing of the same for record, impart to subsequentpurchasers, encumbrancers and all other persons whomsoever, notice of suchinstrument of writing so far as and to the same extent that the same maythen be recorded, copied or noted in such books of record, notwithstandingsuch defect.
Such instrument or the record thereof, or a duly authenticated copythereof, shall be competent evidence without requiring the original to beproduced or accounted for to the same extent that written instruments, dulyexecuted and acknowledged, or the record thereof, are competent:Provided, That nothing herein contained shall be construed to affectany rights acquired by grantees, assignees or encumbrancers subsequent tothe filing of such instrument for record and prior to the expiration of ten(10) years from the filing of such instrument for record.
History: L. 1905, ch. 324, § 1; R.S. 1923, 67-237; L. 1961, ch. 295, § 1; June30.