§ 131 — Validation of certain instruments as deeds

An instrument which by its terms purports to alienate or convey lands, tenements or hereditaments situated in this State and which was signed by the persons or corporations who at the time were the owners of the lands, tenements or hereditaments mentioned therein and which was also acknowledged by owners before an officer authorized by the laws of Delaware to take acknowledgments, as the act and deed of such persons, shall be deemed to alienate or convey the title, estate and interest, both at law and in equity, of the owners signing and acknowledging such instrument, according to the true intent and meaning of such instrument, notwithstanding that the instrument is not under the seals of the owners and notwithstanding that the instrument does not contain the words commonly known as the “use clause” and/or the word “grant” and/or the words “bargain and sell.” No right of dower or curtesy shall be barred or released except when the person who would have such right of dower or of curtesy has signed and acknowledged the instrument. Nothing in this section shall preclude any action or right of action, either at law or in equity, which any party in interest would have had if the instrument had been under the seals of the persons executing the same and had been in the customary form of a deed in this State and this section had not been passed.

Legislative History

35 Del. Laws, c. 194 ; Code 1935, § 3676; 46 Del. Laws, c. 203, § 1 ; 25 Del. C. 1953, § 131; 49 Del. Laws, c. 181, §§ 1, 2 ; 50 Del. Laws, c. 157, § 1 ; 59 Del. Laws, c. 451, § 1 ; 68 Del. Laws, c. 319, § 1