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See Kerr's Cyc. C. C. for 13 pars, annotation.

55 C. 564, 565 (meaning' of "instrument" — it does not embrace
what); 96 C. 649, 651, 31 P. 622 (cited); 97 C. 208, 212, 31 P.
1131, 1132 (construed and applied); 101 C. 532, 539, 40 A. S. 81,
35 P. 1054 (cited); 131 C. 504, 507, 82 A. S. 374, 63 P. 840 (con-
strued and applied but erroneously cited as § 1189).

As to general form of certificate, see Kerr's Cyc. C. C. § 1189
and note.

As to many miscellaneous matters as to the acknowledg-
ment of instruments, see note § 1180, ante.



§ 1186. ACKNOWLEDGMENT BY MARRIED WOMEN

(repealed).

History: Enacted March 21, 1872; repealed March 19, 1891,
Stats, and Amdts. 1891, p. 137.

See Kerr's Cyc. C. C. for 5 pars, annotation.

55 C. 52, 56 (construed); 56 C. 564, 565 (meaning of "instru-
ment" — it does not embrace what); 55 C. 52, 56 (construed and
applied); 59 C. 507, 513 (cited); 60 C. 358, 360 (construed and
applied); 63 C. 286, 288 (applied); 65 C. 327, 330, 4 P. 106, 108
(construed and applied); 68 C. 135, 140, 58 A. R. 5, 8 P. 705;

634



Tit.IV,ch.IV,art.III.] MARRIED WOMAN. gUS;

74 C. 345, 346, 347, 348, 349, 350, 16 P. 189, 190, 191, 192 (con-
strued and applied): 76 C. 527, 529, 530, 18 P. 650, 651 (con-
strued and applied); 80 C. 65, 67, 22 P. 69, 70 (construed and
applied); 83 C. 521, 536, 23 P. 695, 699 (applied); 91 C. 606. 607.
27 P. 934, 935 (referred to); 98 C. 143. 148. 32 P. 941, 942 (con-
strued and applied); 101 C. 532, 535, 539, 40 A. S. 81. 35 P. 1054
(construed and applied); 102 C. 202, 207, 36 P. 358 (construed
and applied); 113 C. 129, 139, 142, 45 P. 270, 35 L. 269 (construed
and applied); 122 C. 341, 349, 68 A. S. 35, 55 P. 3 (construt-d
as not applicable); 123 C. 491, 493, 494, 495, 56 P. 254 (cited).

As to many miscellaneous matters as to the acknowledgment
of instruments, see note § 1180, ante.

Deeds by married women. — See Kerr's Cyc. C. C. § 162 and
note.



§1187. CONYEYANCE BY MAKKlEl) WOMAN. M-
KNOWLEDGMENT. A conveyance by a married woman has
the same effect as if she were unmarried, and may be
acknowledged in the same manner.

History: Enacted March 21, 1872; amended March 19, ISUl.
Stats, and Amdts. 1891, p. 137.

See Kerr's Cyc. C. C. for 18 pars, annotation.

55 C. 52, 59 (cited); 55 C. 564, 565 (cited); 59 C. 507, 513 (con-
strued and applied); 60 C. 358, 360 (cited); 68 C. 13.-., 140, oS
A. R. 5. 8 P. 705 (cited); 74 C. 345, 349, 16 P. 189, 191 (cited):
74 C. 432, 434, 16 P. 235 (cited): 83 C. 270. 272, 17 A. S. 248, 23
P. 318, 319 (cited); 91 C. 606, 607, 610, 27 P. 934. 935 (cited and
applied); 98 C. 465, 468 (applied — erroneously cited as §1189).
35 A. S. 192, 195, same error, 33 P. 480, 481, 20 L. 702 (correct
citation): 101 C. 532, 535, 40 A. S. 81. 35 P. 1054 (cited): 123 C.
491. 493, 494, 495, 497, 56 P. 254 (construed and cited).

As to many miscellaneous matters as to the acknowledgment
of instruments, see note § 1180, ante.

As to rescission of wife's contracts and deeds, see Kerr's
Cyc. C. C. §§ 158, 162 and notes.

Conclusiveness of acknowledgment. — See Kerr's Cyc. C. C.
§ 1185 and note.

Deeds by married women. — See Kerr's Cyc. C. C. § 162 and
note.

Powers of attorney by married women. — See Kerr's Cyc. C. C
§ 162 and note.

Separate examination of married women under § 1186, which
was repealed by Act March 19, 1891 (Stats. 1891, p. 137).— See
Kerr's Cyc. C. C. § 1186 and note.

635



§§1188,1189 CIVIL CODE. [Div.II.Pt.IV.

§ 1188. [SAME.] CERTIFICATE. An officer taking the
acknowledgment of an instrument must indorse thereon or
attach thereto a certificate substantially in the forms here-
inafter prescribed.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 227.

See Kerr's Cyc. C. C. for 2 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
what); 90 C. 444, 445, 478, 27 P. 356, 357, 367 (applied); 91 C.
606, 610, 27 P. 934, 936 (construed and applied).

As to many miscellaneous matters as to the acknowledgment
of instruments, see note § 1180, ante.



§ 1189. GENERAL FORM OF CERTIFICATE. The certifi-
cate of acknowledgment, unless it is otherwise in this article
provided, must be substantially in the following form: "State

of , County of , ss. On this day of

, in the year , before me (here insert name

and quality of the officer), personally appeared ,

known to me (or proved to me on the oath of ) to

be the person whose name is subscribed to the within instru-
ment, and acknowledged that he (she or they) executed the
same."

[Outside of state — Certificate of clerk of court.] Provided,
however, that any acknowledgment taken without this state
in accordance with the laws of the place where the acknowl-
edgment is made, shall be sufficient in this state; and pro-
vided further, that the certificate of the clerk of a court of
record of the county or district where such acknowledgment
is taken, that the officer certifying to the same is authorized
by law so to do, and that the signature of the said officer to
such certificate is his true and genuine signature, and that
such acknowledgment is taken in accordance with the laws
of the place where the same is made, shall be prima facie evi-
dence of the facts stated in the certificate of said clerk.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 37; February 26, 1897, Stats, and Amdts.

636



Tit.IV,ch.IV,ait.III.] CORPORATION. 5 1190

1897, p. 43; amended by Code Commission, Act Marrli 16, 1901,
Stats, and Amdts. 1900-1, p. 397, held unconstitutional, see liiH-
tory, § 4 ante.

See Kerr's Cyc. C. C. for 19 pars, annotation.

90 C. 444, 478, 27 P. 356, 357, 367 (applied): 98 C. 465, 468. 35
A. S. 192, 20 L. 702 (erroneously cited for § 1187), 33 P. 480, 481
(correct citation); 101 C. 532, 539, 40 A. S. 81, 35 P. 1054 (cited);
130 C. 124, 125, 62 P. 412 (cited and applied): 131 C. 504, 608.
82 A. S. 374, 63 P. 840 (erroneously cited: should he { 1185).

As to many miscellaneous matters as to the ackii<i\vli(ti.'m. nt
of Instruments, see note § 1180, ante.



§1190. FORM OF ACK>0>VLEI)(;MEM BV (OHlMHa-
TION. The certificate of acknowledgment of an instrument
executed by a corporation must be substantially in the fol-
lowing form:

"State of , Igg

"County of I

"On this day of , in the year

before me (here insert the name and quality of the officer).

personally appeared known to me (or proved to

me on the oath of ) to be the president (or the sec-
retary) of the corporation that executed the within Instru-
ment (where, however, the instrument is executed in behalf
of the corporation by some one other than the president or
secretary) insert: known to me (or proved to nie on the oath

of ) to be the i)erson who executed the within Instru-

tnent on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same.

IIlNtory: Enacted March 21, 1S72: amond.-d by Cod.- 1'. ■■v,,^
sion. Act March 16, 1900. Stats, and Amdts. 1900-1. p.
unconstitutional, sec history, § 4 ante; amfnilinciit i
March 21, 1905, Stats, and Amdts. 1905, p. 603.

55 C. 564, 565 (meaning of "Instrument" — It docs not embrace
what); 101 C. 532, 539, 40 A. S. 81. 35 P. 1054 (cited).

As to many miscellaneous matters as to the acknowledgrment
of Instruments, see note S 1180, ante.

637



§§ 1191, 1192 CIVIL CODE. [Div.II.Pt.IV.

§11»1. FORM OF CERTIFICATE OF ACKNOWLEDG-
MENT BY MARRIED WOMAN (repealed).

History: Enacted March 21, 1872; repealed March 19, 1891,
Stats, and Amdts. 1891, p. 137.

See Kerr's Cyc. C. C. for 5 pars, annotation.

53 C. 456, 460 (construed); 55 C. 52, 56 (construed and ap-
plied); 59 C. 507, 513 (referred to); 63 C. 286, 288 (cited) 65 C.
327, 330, 4 P. 106, 108 (construed and applied); 68 C. 135, 140,
58 A. R. 5, 8 P. 705 (applied); 74 C. 345, 346, 347, 348, 350, 16
P. 189, 190, 192 (applied); 77 C. 54, 57, 11 A. S. 235, 18 P. 808,
809 (construed and applied); 80 C. 65, 67, 22 P. 69, 70 (applied);
83 C. 521, 536, 23 P. 695, 699 (cited); 91 C. 606, 607, 27 P. 934,
935 (construed and applied); 101 C. 532, 535, 539, 40 A. S. 81,
35 P. 1054 (applied); 102 C. 202, 207, 36 P. 358 (cited); 122 C.
341, 349, 68 A. S. 35, 55 P. 3 (held not applicable); 123 C. 491,
493, 494, 496, 56 P. 254 (applied, cited, construed, and referred
to).

As to many miscellaneous matters as to acknowledgment of
instruments, see note § 1180, ante.



§ 1192. FORM OF CERTIFICATE OF ACKNOWLEDG-
MENT BY ATTORNEY IN FACT. The certificate of acknowl-
edgment by an attorney in fact must be substantially in the
following form:

State of , )

^ss.
County of j

On this day of , in the year ,

before me [here insert the name and quality of the officer]

personally appeared , known to me [or proved to

me on the oath of ] to be the person whose name is

subscribed to the within instrument as the attorney in fact

of , and acknowledged to me that he subscribed the

name of thereto as principal, and his own name as

attorney in fact.

History? Enacted March 21, 1872.

As to approved form of acknowledgment, see Kerr's Cyc. C.
C. § 1192, note.

As to many miscellaneous matters as to acknowledgment of
instruments, see note § 1180, ante.

638



Tit.IV.ch.IV.art.III.] SIGNATURES. §§ 1193-1195

§ 1193. OFFICEKS MUST AFFIX THEIR SIGNATURES.

Officers taking and certifying acknowledgments or proof of
instruments for record, must authenticate their certificates
by affixing thereto their signatures, followed by the names
of their offices; also, their seals of office, if by the laws of
the state or country where the acknowledgment or proof is
taken, or by authority of which they are acting, they are
required to have official seals.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 397, held
unconstitutional, see history, § 4 ante.

See Kerr's Cyc. C. C. for 5 pars, annotation.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
what); 90 C. 444. 478, 27 P. 356, 367 (construed and applied):
150 C. 520, 534, 89 P. 338 ("Notary Public," after one's signa-
ture to certificate of acknowledgment, is sufficient statement of
"name of office").

As to many miscellaneous matters as to acknowledgment
of instruments, see note § 1180, ante.

§ 1194. CERTIFICATE OF AUTHORITY OF JUSTK ES
IX CERTAIN CASES. The certificate of proof or acknowl-
edgment, if made before a justice of the peace, when used
in any county other than that in which he resides, must be
accompanied by a certificate under the hand and seal of the
clerk of the county in which the justice resides, setting forth
that sucli justice, at the time of taking such proof or acknowl-
edgment, was authorized to take the same, and that the
clerk is acquainted with his handwriting, and believes that
the signature to the original certificate is genuine.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
135 C. 173, 176, 67 P. 768 (applied).

As to many miscellaneous matters as to the acknowledgment
of instruments, see note SllSO. ante.

§ 1195. I'ROOF OF EXEC UTIO>, HOW 3IAI)E. Proof of
the execution of an instrument, when not acknowledged, maj*
be made either:

639



§§ 1196, 1197 CIVIL CODE. [Div.II,Pt.IV.

1. By the party executing it, or either of them; or,

2. By a subscribing witness; or,

3. By other wi-tnesses, in cases mentioned in section
eleven hundred and ninety-eight.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

55 C. 564, 565, 566 (meaning' of "instrument" — It does not em-
brace what); 64 C. 267, 271, 30 P. 816, 817 (applied); 83 F. 48,
56 (instrument creating trust in lands, though unacknowledged,
may be recorded, upon proof of its execution).

As to many miscellaneous matters as to the acknowledgment
of instruments, see note § 1180, ante.

§1196. T^ITNESS MUST BE PERSONALLY KNOWN TO
OFFICER. If by a subscribing witness, such witness must
be personally known to the officer taking the proof to be
the person whose name is subscribed to the instrument as
a witness, or must be proved to be such by the oath of a
credible witness.

History: .T^nacted March 21, 1872.

55 C. 564, 565 (meaning of "instrument" — -it does not embrace
what); 89 C. 547, 550 (erroneously cited for §1996), 26 P. 1095,
1096 (correct citation).

As to many miscellaneous matters as to the acknowledg-
ment of instruments, see note § 1180, ante.



§1197. WITNESS MUST PROVE, WHAT. The subscrib-
ing witness must prove that the person whose name is sub-
scribed to the instrument as a party is the person described
in it, and that such person executed it, and that the witness
subscribed his name thereto as a witness.

History: Enacted March 21, 1872.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
what); 89 C. 547, 550 (erroneously cited for §1997), 26 P. 1095,
1096 (correct citation).

As to many miscellaneous matters as to the acknowledgment
of instruments, see note § 1180, ante.

640



Tit.IV,ch.IV,art.III.] HANDWRITING. §§ 1198, 1199

§ 1198. HAADWRITING MAY BE PROVED, WHEN. The

execution of an instrument may be established by proof
of the handwriting of the party and of a subscribing witness,
if there is one, in the following cases:

1. When the parties and all the subscribing witnesses are
dead; or,

2. When the parties and all the subscribing witnesses are
non-residents of the state; or,

3. When the place of their residence is unknown to the
party desiring the proof, and cannot be ascertained by the
exercise of due diligence; or,

4. When the subscribing witness conceals himself, or
cannot be found by the officer by the exercise of due dili-
gence in attempting to serve the subpoena or attach-
ment; or,

5. In case of the continued failure or refusal of the wit-
ness to testify, for the space of one hour, after his appear-
ance.

History: Enacted March 21, 187:!.

See Kerr's Cyc. C. C. for 3 pars, annotation.

55 C. 564, 565 (meaning of "instrument"— it does not embrace
what); 64 C. 267, 271, 30 P. 816 (cited); 83 F. 48, 56 (instru-
ment creating trust in lands, though unacknowledged, may be
recorded, upon proof of its execution).

As to many miscellaneous matters as to the acknovvledgmont
of instruments, see note §1180, ante.

§1199. EVIDEXE OF HANDWRITING MUST PROVE,
WHAT. The evidence taken under the preceding section
must satisfactorily prove to the officer the following facts:

1. The existence of one or more of the conditions men-
tioned therein; and,

2. That the witness testifying knew the person whose name
purports to be subscribed to the instrument as a party, and
is well acquainted with his signature, and that it is genu-
ine; and,

3. That the witness testifying personally knew the person
who subscribed the instrument as a witness, and is well

Kerr-s C. C— 21 641



§§ 1200, 1201 CIVIL CODE. [Div.II.Pt.IV.

acquainted with his signature, and that it is genuine; and,
4. The place of residence of the witness.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, pp. 227, 228.

55 C. 564, 565 (meaning of "instrument" — it does not embrace
what); 83 F. 48, 56 (instrument creating trust in lands, though
unackiMiwledged, may be recorded, upon proof of its execu-
tion).

As to many miscellaneous matters as to the acknowledgment
of instruments, see note §1180, ante.

§ 1200. CERTIFICATE OF PROOF. An officer taking
proof of tlie execution of any instrument must, in his cer-
tificate indorsed thereon or attached thereto, set forth all
the matters required by law to be done or known by him,
or proved before him on the proceeding, together with the
names of all the witnesses examined before him, their places
of residence respectively, and the substance of their testi-
mony.

History: Enacted Marcli 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

55 C. 564, 565 (meaning of "instrument"— it does not embrace
what).

As to many miscellaneous matters as to the acknowh'dgment
of instruments, see note § 1180, ante.

§1201. OFFICERS AUTHORIZED TO DO CERTAIN
THINGS. Officers authorized to take the proof of instruments
are authorized in such proocedings:

1. To administer oaths or affirmations, as prescribed in
section two thousand and ninety-three, Code of Civil Pro-
cedure;

2. To employ and swear interpreters;

3. To issue subpoena, as prescribed in section nineteen
hundred and eighty-six. Code of Civil Procedure;

4. To punish for contempt, as prescribed in sections nine-
teen hundred and ninety-one, nineteen hundred and ninety-
three, nineteen hundred and ninety-four, Code of Civil Pro-
cedure.

642



Tit.IV,ch.IV,art.III.] CERTIFICATION. §§ 1202, 1203

The civil damages and forfeiture to the party aggrieved
are prescribed in section nineteen hundred and ninety-two,
Code of Civil Procedure.

Hi.-itory: Enacted March 21, 1872.

55 C. 564, 565 (meaning- of "instrument" — it does not embrace
what).

As to many miscellaneous matters as to tlie acknowledgment
of instruments, see note § 1180, ante.

§1202. IXSTRIMEM IMPROPERLY CERTIFIED, HOW
CORRECTED. When the acknowledgment or proof of the
execution of an instrument is properly made, but defectively
certified, any party interested may have an action in the
superior court to obtain a judgment correcting the certificate.

History; Enacted Marcli 21, 1872: amended by Code Commis-
sion, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 397, held
unconstitutional, see history, § 4 ante; amendment re-enacted
March 21, 1905, Stats, and Amdts. 1905, p. 604.

See Kerr's Cyc. C. C. for 9 pars, annotation.

53 C. 482, 485, 486, 487 (held not applicable): 55 C. 564, 565
(meaning of "instrument" — it does not embrace wliat): 59 C.
507, 514 (applied); 63 C. 286. 288 (construed and applied): 73
C. 452, 454, 2 A. S. 823, 15 P. 82, 83 (construed and applied); 116
C. 375, 376, 48 P. 325 (construed and applied); 5 C. A. 175, 183,
89 P. 1001, 1004 (copy of notice of appropriation of water,
thougli not In the excepted classes, may be recorded without
acknowledgment).

As to deeds by married woman, see Kerr's Cyc. C. C. § 162
and note.

As to many miscellaneous matters as to tlie acknowledgment
of instruments, see note §1180, ante.

§ 1203. JUDG}ME>T PROVING INSTRl AIE>T. Any per-
son interested under an instrument entitled to be proved for
record, may institute an action in the superior court against
the proper parties to obtain a judgment proving such instru-
ment.

History: Enacted March 21, 1872; amended by Code Commis-
sion, Act March 16, 1901. Stats, and Amdts. 1900-1, p. 398, held
unconstitutional, see history, S 4 ante: amendment re-enacted
March 21, 1905, Stats, and Amdts. 1905, p. 604.

643



§§ 1204-1206 CIVIL CODE. [Div.II.Pt.IV.

53 C. 482, 485, 486, 487 (construed as not applicable); 55 C.
564, 565, 566 (meaning- of "instrument"- — it does not embrace
what); 5 C. A. 175, 183, 89 P. 1001, 1004 (copy of notice of
appropriation of water, though not in the excepted classes,
may be recorded without acknowledgrnent).

As to many miscellaneous matters as to the acknowledgment
of instruments, see note § 1180, ante.

§1204. EFFECT OF JUDGMENT IN SUCH ACTION. A

certified copy of the judgment in a proceeding instituted
under either of the two preceding sections, showing the proof
of the instrument, and attached thereto, entitles such instru-
ment to record, with like effect as if acknowledged.

History: Enacted March 21, 1872.

55 C. 564, 565, 566 (meaning of "instrument" — -it does not em-
brace what).

As to many miscellaneous matters as to the acknowledgment
of instruments, see note § 1180, ante.

§1205. CONVEYANCE HEKETOFORE MADE TO BE
GOVERNED BY THEN EXISTING LAWS. The legality of
the execution, acknowledgment, proof, form, or record of
any conveyance or other instrument made before this code
goes into effect, executed, acknowledged, proved, or recorded
is not affected by anything contained in this chapter, but
depends for its validity and legality upon the laws in force
when the act was performed.

History: Enacted March -21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

53 C. 482, 486, 487 (construed); 55 C. 564, 565, 566 (meaning of
"instrument" — it does not embrace what).

As to many miscellaneous matters as to the acknowledgment
of instruments, see note § 1180, ante.

§ 1206. RECORDING, AND AS EVIDENCE, TO BE GOV-
ERNED BY THEN EXISTING LAWS. All conveyances of
real property made before this code goes into effect, and
acknowledged or proved according to the laws in force at
the time of such making and acknowledgment or proof, have
the same force as evidence, and may be recorded in the

644



TIt.lV.ch.IV.art.m.l valii>atiN(; iNSTurMHNT. § i207

same manner and with the like effect, as convej'ances exe-
cuted and acknowledged in pursuance of this chapter.

IllMtory: Knactt^d March 'Jl. IS"!'.

§1207. VAL1I>ATI>(J DKFECTIVKLV KXKdTKD I>-
STIUHENTS. HKCOHI) IMIVVHTS XHK E. (EHTIKIED
COI'IES. Any instrument affecting the title to real properly,
which was, previous to the first day of January, one thou-
sand nine hundred nine, copied into the proper hook of
record, kept in the office of any county recorder, imparts,
after that date, notice of its contents to suhsequent pur-
chasers and incumbrancers, notwithstanding any defect,
omission, or informality in the execution of the instrument,
or in the certificate of acknowledgment thereof, or the ab-
sence of any such certificate; but nothing herein afltects the
rights of purchasers or incumbrances previous to that date.

[rcrtifled copies ;is ovldcnoo.] Duly certified copies of
the record of any such in.strunient may be read in evidence
with like effect as copies of an instrument duly acknowledged
and recorded; provided, when such copying in the proper
book of record occurred within fifteen years prior to the
trial of the action, it is first shown that the original instru-
ment was genuine.

[In olYcct, wlien.] Sec. 2. This act shall take effect on and
be in fttrce from and after July first, nineteen hundred nine.

IliMtory: Knactod Marc!) 30, 1S74, Code Amdts. IST.'l-J. p. •J2S:
ariu-n.lid Marrh 4. 1897, Stats, and Amdts. 1897. p. 641: by Code
Comnii.sslon. Act Marcli 1 (•. 1901, Stats, and Anults. 1900-1. p. 39S.
act lu'ld unconslitiitlonal. s^ee hl.itory, $ 4 ante; aniendnient
re-enacted Marcli 9. 1903, Stats, and Anidf.q. 1903, p. 108: amended
February 22. 1909. Stats, and Aindfs. 19it9. p. 4.*;.

See Kerr's Cyc. C. C. for ."> par.*", annota tlun.

.'.5 C. 564, .'iGB, 566 (mennInK of "Instrument" — It docs not em-
brace what): (C. Dec. 1, 1891 t. 2S P. 216, 218 (conslru.-d and
applied).

As to many miscellaneous matters as to tlie ai-knowledg'nient
of iTistrunients. see note 5 11'*". rin(i>.



645



§ 1213 CIVIL CODE. [Div.II.Pt.IV.

ARTICLE IV.

EFFECT OF RECORDING, OR THE WANT THEREOF.

[For Commissioners' comment on tliis article, see Kerr's Cyc.
C. C]

§ 1213. Conveyance filed with recorder is constructive notice,

etc.

§ 1214. Conveyances to be recorded, or are void, etc.

§ 1215. Conveyance defined.

§ 1216. Powers of attorney, how revoked.

§ 1217. Unrecorded instrument valid between the parties.

§ 1218. Recording certified copy of recorded instrument.

§ 1213. CONVEYANCE FILED WITH RECORDER IS CON-
STRUCTIVE NOTICE, ETC. Every conveyance of real prop-
erty acknowledged or proved and certified and recorded as
prescribed by law from the time it is filed with the recorder
for record is constructive notice of the contents thereof to
subsequent purchasers and mortgagees; and a certified copy
of any such recorded conveyance may be recorded in any
other county and when so recorded the record thereof shall have
the same force and effect as though it was of the original convey-
ance and where such original conveyance has been recorded in
any county wherein the property therein mentioned is not
situated a certified copy of such recorded conveyance may be
recorded in the county where such property is situated with
the same force and effect as if the original conveyance had
been recorded in such county.

Hi.storj-: Enacted March 21, 1872; amended March 3, 1897,
Stats, and Amdts. 1897, p. 59; March 10, 1909, Stats, and Amdts.
1909, p. 278.

See Kerr's Cyc. C. C. for 36 pars, annotation.

46 C. 603, 606, 607, 608, 609 (construed and applied — §§ 1213,
1214, and 1215 prevail over §2937); 55 C. 525, 528 (construed);



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