§ 314 — Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead

New York § 314

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 9: Recording Instruments Affecting Real Property

Text

§ 314. Recording of conveyances acknowledged or proved without the\nstate, when parties and certifying officer are dead. When the execution\nof a conveyance of real property within this state is acknowledged or\nproved according to the laws of any other state of the United States,\nand a certificate of the acknowledgment or proof signed by the officer\ntaking it is annexed to or indorsed upon the instrument, if such officer\nand the grantor or mortgagor be dead and the death of all of them be\nproved by affidavit, sworn to in such state before an officer authorized\nby its laws to administer an oath therein, the conveyance, with the\naffidavit or affidavits annexed thereto, on being authenticated as\nrequired by this section, may be read in evidence and recorded in the\nsame manner, and with like effect, as if the conveyance was acknowledged\nor proved and certified as required by the laws of this state. To\nentitle such conveyance and affidavits to be read in evidence, or\nrecorded, a certificate of the clerk, recorder, register or prothonotary\nof the county in which the deceased officer resided, authenticating his\nsignature, and also certifying that the conveyance is acknowledged or\nproved in all respects, as required by the laws of such state, must be\nannexed to the original certificate; and a like certificate of such\nclerk, recorder, register or prothonotary, authenticating the signature\nof the officer, before whom the affidavits proving the deaths were\ntaken, must be annexed to such affidavits. The affidavits on being\nrecorded, are presumptive evidence of the matters of fact, required to\nbe stated therein.\n