Chapter 8 - Comprehensive Curative Act
CHAPTER 8 - COMPREHENSIVE CURATIVE ACT
34-8-101. Short title.
Thisact shall be known as "The Comprehensive Curative Act", and may bequoted and cited as such.
34-8-102. Provisions cumulative.
Theprovisions of this act shall be cumulative and in addition to all other likeacts and statutes previously enacted.
34-8-103. When defective instruments validated by operation of law.
When an instrument of writing, in anymanner affecting or purporting to affect the title to real estate, has been, ormay hereafter be recorded for a period of ten (10) years in the office of thecounty clerk of the county wherein such real estate is situated, and such instrument,or the record thereof, because of defect, irregularity or omission, fails tocomply in any respect with any statutory requirement or requirements relatingto the execution, attestation, acknowledgment, certificate of acknowledgment,recording or certificate of recording, such instrument and the record thereofshall, notwithstanding any or all such defects, irregularities and omissions,be fully legal, valid, binding and effectual for all purposes to the sameextent as though such instrument had, in the first instance, been in allrespects duly executed, attested, and acknowledged and recorded.
34-8-104. Enumerated defects.
Thedefects, irregularities and omissions mentioned in W.S. 34-8-103 shall includeall defects and irregularities in respect to formalities of execution andrecording, and all defects and irregularities in, as well as the entire lack oromission of attestation, acknowledgment, certificate of acknowledgments, orcertificate of recording, and shall apply with like force to instrumentswhether or not the real estate involved is homestead; and shall apply toinstruments in which the marital status of any grantor is not given.
34-8-105. Instruments as evidence after validation.
Fromand after its validation by the operation of W.S. 34-8-103, such instrumentshall impart notice to subsequent purchasers, encumbrancers, and all otherpersons whomsoever so far as and to the same extent that the same is recorded,notwithstanding such defects, irregularities or omissions; and such instrument,the record thereof, or a duly authenticated copy, shall be competent evidenceto the same extent as such instrument would have been competent if valid in thefirst instance.