Acknowledgment in Other States or Territories

  1. Law
  2. Tennessee Code
  3. Property
  4. Acknowledgment of Instruments
  5. Acknowledgment in Other States or Territories

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If the person executing the instrument resides or is beyond or without the limits of the state, but within the union or its territories or districts, the acknowledgment may be made:

  1. Before any court of record, or before the clerk of any court of record; or, before a commissioner for Tennessee, appointed by the governor; or before a notary public authorized there to take proof or acknowledgments. If the acknowledgment is made before a court of record, a copy of the entry of the acknowledgment on the record shall be certified by the clerk, under the clerk's seal of office; and the judge, chief justice, or presiding magistrate of the court shall certify as to the official character of the clerk; or
  2. Before any other officer of such state, territory or district, authorized by the laws there to take the proof and acknowledgment of deed. There shall in cases under this subdivision (2) be subjoined or attached to the certificate of proof or acknowledgment, signed by such other officer, a certificate of the secretary of state of the state or territory in which such officer resides, under the seal of such state, territory, or a certificate of the clerk of a court of record of such state, territory, or district, in the county in which the officer resides or in which the officer took such proof or acknowledgment under the seal of such court, stating that such officer was, at the time of taking such proof or acknowledgment duly authorized to take acknowledgments and proof of deeds of lands in the state, territory, or district, and that the secretary of state or clerk of court is well acquainted with the handwriting of such officer, and that the officer verily believes that the signature affixed to such certificate of proof or acknowledgment is genuine.

Code 1858, § 2040 (deriv. Acts 1807, ch. 85, § 3); 1831, ch. 90, § 9; 1839-1840, ch. 26, §§ 2, 3, 5; 1855-1856, ch. 115, § 1; Shan., § 3715; Acts 1919, ch. 48, §§ 3, 4; Shan. Supp., §§ 3747a4, 3747a5; mod. Code 1932, § 7632; T.C.A. (orig. ed.), § 64-2203.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Acknowledgments, §§ 1, 9, 11-13; 11 Tenn. Juris., Evidence, § 74.


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