Acknowledgment; before whom taken in this state.

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  2. Nebraska Revised Statutes
  3. Real Property
  4. Acknowledgment; before whom taken in this state.

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76-217. Acknowledgment; before whom taken in this state.

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.

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).


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