§ 76-242 — Acknowledgment in another state; recording; what constitutes sufficient authentication

In all cases provided for in section 76-219 , if such acknowledgment or proof is taken before a notary public or other officer using an official seal, except a commissioner appointed by the Governor of this state, the instrument thus acknowledged or proved shall be entitled to be recorded without further authentication. In all other cases the deed or other instrument shall have attached thereto a certificate of the clerk of a court of record, or other proper certifying officer of the county, district or state within which the acknowledgment or proof was taken, under the seal of his office, showing that the person, whose name is subscribed to the certificate of acknowledgment, was at the date thereof such officer as he is therein represented to be; that he is well acquainted with the handwriting of such officer; that he believes the signature of such officer to be genuine; and that the deed or other instrument is executed and acknowledged according to the laws of such state, district or territory.

Legislative History

Source: R.S.1866, c. 43, § 5, p. 280; R.S.1913, § 6201; C.S.1922, § 5600; C.S.1929, § 76-206; R.S.1943, § 76-242. Annotations: The certificate of acknowledgment of a notary public in another state under his official seal is sufficient proof of the execution of a deed of lands in Nebraska for its admission in evidence in an action pending in this state. Jorgensen v. Crandell, 134 Neb. 33, 277 N.W. 785 (1938). Where instrument is acknowledged before commissioner of deeds in another state, certificate of Secretary of State is necessary. Omaha R. E. & T. Co. v. Reiter, 47 Neb. 592, 66 N.W. 658 (1896). No certificate of authority of notary in another state is required. Galley v. Galley, 14 Neb. 174, 15 N.W. 318 (1883); Green v. Gross, 12 Neb. 117, 10 N.W. 459 (1881). Certificate is required when acknowledging officer of foreign state has no seal. Irwin v. Welch, 10 Neb. 479, 6 N.W. 753 (1880).