[Abstracts of title; admissibility; explanation; contradiction.]

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Any abstract of the title to real estate, located in the state of New Mexico, certified to as correct by the secretary, and under the seal of any title abstract company, incorporated and doing business under the laws of the state, or by an individual bonded abstracter, shall be received in all of the courts of this state as evidence of the things recited therein, in the same manner, and to a like extent, that the public records are now admitted, and such abstract may be explained or contradicted in the same manner and to the same extent as such records may now be.

History: Laws 1882, ch. 69, § 1; C.L. 1884, § 2744; C.L. 1897, § 3934; Code 1915, § 2188; C.S. 1929, § 45-615; Laws 1943, ch. 16, § 1; 1941 Comp., § 20-212; 1953 Comp., § 20-2-13.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

In suit to quiet title between parties claiming under conflicting grants, a certified abstract of title was admissible, even though the certificate excepted any "conflicts" with other grants, and inadvertently referred to the records of the wrong county, where the error was apparent. Jackson v. Gallegos, 1934-NMSC-016, 38 N.M. 211, 30 P.2d 719.

Law reviews. — For article, "The New Mexico Legal Rights Demonstration Land Grant Project," see 8 N.M.L. Rev. 1 (1978).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Duty and liability of abstracter to employer respecting matters to be included in abstract, 28 A.L.R.2d 891.

Negligence in preparing abstract of title as ground of liability to one other than person ordering abstract, 50 A.L.R.4th 314.

32A C.J.S. Evidence § 890.


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