§ 76-217 — Acknowledgment; before whom taken in this state

Nebraska § 76-217

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

The acknowledgment must be made or proved, if in this state, before a judge or clerk of any court, United States Magistrate or notary public therein; but no officer can take any such acknowledgment or proof out of his territorial jurisdiction.

Legislative History

Source: R.S.1866, c. 43, § 3, p. 280; R.S.1913, § 6198; C.S.1922, § 5597; C.S.1929, § 76-203; R.S.1943, § 76-217; Laws 1947, c. 244, § 1, p. 768; Laws 1972, LB 1032, § 268. Cross References: Authority to take acknowledgments: Deputy clerks of the district and county courts, see section 24-403. Notaries public, see section 64-107. Secretary of State, see section 84-507. Notaries public, generally, see Chapter 64, article 1. Payment to county treasurer of fees of county officers for taking acknowledgments, see section 33-153. Annotations: Certificate of an officer having authority to take acknowledgments cannot be impeached by showing that it was irregularly performed. Bode v. Jussen, 93 Neb. 482, 140 N.W. 768 (1913); Morris v. Linton, 61 Neb. 537, 85 N.W. 565 (1901). Officer is disqualified to take acknowledgment when he is interested in transaction. Banking House of A. Castetter v. Stewart, 70 Neb. 815, 98 N.W. 34 (1904); Horbach v. Tyrrell, 48 Neb. 514, 67 N.W. 485 (1896); Hedbloom v. Pierson, 2 Neb. Unof. 799, 90 N.W. 218 (1902); Chadron L. & B. Assn. v. O'Linn, 1 Neb. Unof. 1, 95 N.W. 368 (1901). Certificate of acknowledgment cannot be impeached by showing that officer's duty was irregularly performed. Council Bluffs Savings Bank v. Smith, 59 Neb. 90, 80 N.W. 270 (1899). Prior to September 7, 1947, United States Commissioner was unauthorized to take acknowledgments. Interstate S. & L. Assn. v. Strine, 58 Neb. 133, 78 N.W. 377 (1899). Acknowledgment may be taken by attorney of party in interest. Havemeyer v. Dahn, 48 Neb. 536, 67 N.W. 489 (1896). Act of acknowledging officer is ministerial. Horbach v. Tyrrell, 48 Neb. 514, 67 N.W. 485 (1896). Acknowledgment is act of one who has executed instrument going before some competent officer and declaring it to be his act or deed. Aultman & Taylor Co. v. Jenkins, 19 Neb. 209, 27 N.W. 117 (1886). County clerk is authorized to take acknowledgments. Davis v. Huston, 15 Neb. 28, 16 N.W. 820 (1883). Certificate of acknowledgment cannot be impeached except for fraud, collusion, or imposition. Boldt v. Becker, 1 Neb. Unof. 75, 95 N.W. 509 (1901).