§ 38-30-128 — Prima facie validity of prior foreign acknowledgments

All
deeds and other instruments in writing relating to real estate in this state which
have been executed prior to April 23, 1909, purporting to have been acknowledged
or proved out of this state before any judge, or clerk, or deputy clerk of any court of
record of any foreign kingdom, empire, republic, state, principality, province, colony,
island possession, or bailiwick certifying the acknowledgment under the seal of
such court, or purporting to have been acknowledged or proved before the chief
magistrate or other chief executive or chief officer of any province, colony, island
possession, or bailiwick of such foreign kingdom, empire, republic, state, or
principality, such chief magistrate or other chief officer of any such colony, island
possession, or bailiwick certifying the same under the seal of such colony, island
possession, or bailiwick; or purporting to have been acknowledged or proved before
a notary public having a seal, or before the mayor or other chief executive officers
of any city, town, borough, county, or municipal corporation having a seal, of any
such foreign kingdom, empire, republic, state, principality, province, colony, island
possession, or bailiwick, such mayor or other chief officer certifying such
acknowledgment under such seal; or purporting to have been acknowledged or
proved out of this state and within any such kingdom, empire, republic, state,
principality, province, colony, island possession, or bailiwick, before any
ambassador, minister, consul, vice-consul, consular agent, vice-consular agent,
charge d'affaires, commercial agent, vice-commercial agent, or any diplomatic,
consular, or commercial agent or representative, or any deputy of any thereof, of
the United States or of any other government or country, appointed to reside in the
foreign country or place where the proof or acknowledgment is made, certifying the
same under the seal of his office, shall be deemed prima facie to have been
acknowledged or proved before proper officers, and such deeds or other instrument
in writing, and in case of the loss of the originals, a copy of the record thereof, and
of the certificate of the acknowledgment or proof appertaining to the same, shall
be received as prima facie evidence of the execution and acknowledgment thereof,
anything in the statutes of this state to the contrary notwithstanding.

Legislative History

Source: L. 09: p. 33, � 1. C.L. � 4892. CSA: C. 40, � 24. CRS 53: � 118-1-28. C.R.S. 1963: � 118-1-28.