All conveyances of real estate shall be subscribed by the person transferring his title or interest in said real estate, or by his legal agent or attorney.
History: Laws 1851-1852, p. 374; C.L. 1865, ch. 44, § 4; C.L. 1884, § 2751; C.L. 1897, § 3942; Code 1915, § 4760; C.S. 1929, § 117-104; 1941 Comp., § 75-104; 1953 Comp., § 70-1-4.
ANNOTATIONSSection provides greater formality and certainty in the transfer of realty. McBee v. O'Connell, 1911-NMSC-049, 16 N.M. 469, 120 P. 734.
Written instruments essential. — Under the civil law as it existed in New Mexico in 1868, written instruments were essential for the sale of land. Maxwell Land Grant Co. v. Dawson, 151 U.S. 586, 14 S. Ct. 458, 38 L. Ed. 279 (1894).
Making mark ineffective without assent or ratification. — A deed executed by using the hand of a person to make his mark thereon at the place of signature is void, where the grantor does not consciously assent to the signature so made, nor afterwards ratify the same, and a certificate of acknowledgment placed thereon under such circumstances does not render it valid. Garcia v. Leal, 1924-NMSC-078, 30 N.M. 249, 231 P. 631.
Acknowledgement necessary for recordation and protection of grants. — Statute of this state does not require deeds to be acknowledged, except for recordation, and for the protection of the grantee against subsequent purchasers in good faith and without notice. Garcia v. Leal, 1924-NMSC-078, 30 N.M. 249, 231 P. 631.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Deeds § 110.
Necessity of privy examination of wife to acknowledgment of conveyance, 1 A.L.R. 1089.
Exercise of duress by third person as affecting acknowledgment, 4 A.L.R. 869, 62 A.L.R. 1477.
Subscribing witness's denial or forgetfulness of signature by mark, 17 A.L.R. 1275.
Effect of filing affidavit of forgery against ancient deed, 18 A.L.R. 908.
Use of diminutive or nickname as affecting operation of record as notice, 45 A.L.R. 557.
Formal acknowledgment of instrument by one whose name is signed thereto by another as an adoption of the signature, 57 A.L.R. 525.
Alteration in deed or mortgage with consent of parties thereto after acknowledgment or attestation as affecting notice from record thereof, 67 A.L.R. 366, 369.
Improper insertion or omission of middle initial of one's name as affecting constructive notice from public records, 122 A.L.R. 909.
Joining in instrument as ratification of or estoppel as to prior ineffective instrument affecting real property, 7 A.L.R.2d 294.
Acknowledgment, record of instrument without acknowledgment or insufficiently acknowledged, as notice, 59 A.L.R.2d 1299.
Procuring signature by fraud as forgery, 11 A.L.R.3d 1074.
Check given in land transaction as sufficient writing to satisfy statute of frauds, 9 A.L.R.4th 1009.
Sufficiency of showing, in establishing boundary by parol agreement, that boundary was uncertain or in dispute before agreement, 72 A.L.R.4th 132.
26 C.J.S. Deeds § 34.