[Instruments by agent authorized.]

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All conveyances of real estate, mortgages, trust deeds, sales contracts and other instruments of writing affecting the title to real estate, subscribed and executed by the owner or owners thereof through his or her duly authorized agent under a duly executed and acknowledged power of attorney, shall have the same force and effect as though said conveyance, mortgage, trust deed, sales contract or other instrument affecting the title to real estate had been actually subscribed by the owner or owners thereof.

History: Laws 1937, ch. 147, § 1; 1941 Comp., § 75-107; 1953 Comp., § 70-1-10.

ANNOTATIONS

Validating clauses. — Laws 1937, ch. 147, § 2, provided that all written instruments affecting title to realty heretofore subscribed and executed under a power of attorney are valid.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Agency §§ 73 to 77.

Authority of agent to endorse and transfer commercial paper, 37 A.L.R.2d 453.

Power of real-estate broker to execute contract of sale in behalf of principal, 43 A.L.R.2d 1014.


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