§ 16-66-421 — Instrument of conveyance

(a) The officer who shall sell any real estate or lease of lands for more than three (3) years shall make the purchaser a deed, to be paid for by the purchaser, reciting the names of the parties to the execution, the date when issued, the date of the judgment, order, or decree, and other particulars as recited in the execution and a description of the time, place, and manner of sale. This recital shall be received in evidence of the facts therein stated. (b) (1) Every officer executing any deed for land, tenements, and hereditaments sold under execution shall acknowledge the deed before the circuit court of the county in which the estate is situated. If the officer dies, leaves the state, resigns, or is removed from office before making the acknowledgment, the deed may be proved before the court as other deeds. (2) The clerk of the court shall endorse upon the deed a certificate of the acknowledgment or proof, under the seal of the court, and shall make an entry in the minutes of the court of the acknowledgment, with the names of the parties to the suit and a description of the property conveyed by the deed. (c) Every deed, so executed, acknowledged, or proved shall be recorded as other conveyances of land. Thereafter the deed or a copy thereof or of the record certified by the recorder shall be received in any court in this state without further proof of the execution thereof. (d) If any officer executes a deed for land, tenements, or hereditaments sold under execution or by virtue of the order, sentence, or decree of any court and the deed is not acknowledged in open court, as provided by law, the deed or deeds of conveyance may be acknowledged or proven before any officer authorized by the laws of this state to take the acknowledgment or proof of deeds of conveyance and recorded as other deeds. The acknowledgment and recordation of the deed shall be as valid as if the deed were acknowledged in open court. (e) When any officer dies, is removed from office, or is disqualified, after the sale of any property and before executing a conveyance therefor, the purchaser may petition the court out of which the execution issued, stating the facts. If he or she satisfies the court that the purchase money has been paid, the court shall order the sheriff then in office to execute and acknowledge a deed to the purchaser, reciting the facts. The deed shall be executed accordingly and shall have the same effect to all intents and purposes as if made by the officer so deceased, removed from office, or disqualified.

Legislative History

Rev. Stat., ch. 60, §§ 54, 56-58, 61; Acts 1855, § 1, p. 81; C. & M. Dig., §§ 4334, 4336-4339, 4359; Pope's Dig., §§ 5346, 5348-5351, 5371; A.S.A. 1947, §§ 30-446 -- 30-451.