Acknowledgments in the United States

Introduction to Acknowledgments

See also Acknowledgment Letter.

Acknowledgment of Real Property Instruments and Other Acknowledgments

This section discusses generally the subject of Acknowledgment of Real Property Instruments and other acknowledgments, how to determine the facts essential to Acknowledgment of Real Property Instruments and other Acknowledgments, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

Acknowledgment in the Past

Important Note: this is an extension/continuation on the entry on ACKNOWLEDGMENT in this legal reference. All deeds and conveyances made and executed by any person without this state and brought within it to be recorded, the acknowledgment having been lawfully made before any judge or justice of the peace of the proper county in which such deed may have been made and executed and certified under the seal of such county by the proper officer, must be valid and effectual in law. Rev. Code, c. 44, s. 11 App. Jan. 24, 1831.

Developments

When acknowledged by a feme covert, it must be certified that she was examined separate and apart from her husband; that the full contents of the deed were made known to her; that she did then and there declare that she had, as her own voluntary act and deed, signed, sealed and executed the said deed of her own free will and accord, without any fear or compulsion from her said husband.

Details

Illinois (see more about this State laws here). Before a judge or justice of the supreme or district courts of the United States, a commissioner authorized to take acknowledgments, a judge or justice of the supreme, superior or district court of any of the United States or territories, a justice of the peace, the clerk of a court of record, mayor of a city or notary public; the last three must give a certificate under their official seal.

Other Aspects

The certificate must state that the party is known to the officer or that his identity has been proved by a credible witness, naming him. When the acknowledgment is taken by a justice of the peace of the state, residing in the county where the lands lie, no other certificate is needd than his own; when he resides in another county, there must be a certificate of the clerk of the county commissioners court of the proper county, under seal, to his official capacity.

More Information

When the justice of the peace taking the acknowledgment resides out of the state, there must be added to the deed a certificate of the proper clerk, that the person officiating is a justice of the peace.

Other Issues

The deed of a feme covert is acknowledged before the same officers. The certificate must state that she is known to the officer or that. her identity has been proved by a witness who must be named; that the officer informed her of the contents of the deed; that she was separately examined; that she acknowledged the execution and release to be made freely, voluntarily and without the compulsion of her husband.

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When the husband and wife reside in the state and the latter is over eighteen years of age, she may convey her lands, with formalities substantially the same as those used in a release of dower; she acknowledges the instrument to be her act and deed and that she does not wish to retract.

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When she resides out of the state, if over eighteen, she may join her husband in any writing about lands in the state, in which case her acknowledgment is the same as if she were a feme sole. Ill. Rev. L. 135-8; 2 Hill Ab. 455, 6.

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Kentucky (see more about this State laws here). Acknowledgments taken in the State must be before the clerk of a county court, clerk of the general court or clerk of the court of appeals. 4 Litt. L. of K. 165; or before two justices of the peace, 1 Litt. L. of K. 152.; or before the mayor of the city of Louisville. Acts of 1828, p. 219, s. 12.

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When in another state or territory of the United States, before two justices of the peace, 1 Litt. L. of K. 152; or before any court of law, mayor or other chief magistrate of any city, town or corporation of the county where the grantors dwell, Id. 567; or before any justice or judge of a superior or inferior court of law. Acts of 1831, p. 128.

When made out of the United States, before a mayor of a city or consul of the U. S. residing there’ or, before the chief, magistrate of such state or country, to be authenticated in the usual way such officers authenticate the official act’s. Acts of 1831, p. 128, s. 5.

When a feme covert acknowledges the deed, the certificate must state that she was examined by the officer separate and apart from her husband, that she declared that she did freely and willingly seal and deliver the said writing and wishes not to retract it and acknowledged the said writing again shown and explained to her, to be her act and deed and consents that the same may be recorded. No peculiar form for the certificate of acknowledgment is prescribed; it is needd that the husband join in the deed. “The joint deed of husband and wife must be effectual to convey her real estate (or real property), but not to bind her to any covenant or estoppel there.” Rev. St. t. 7, c. 91, 5. Maryland (see more about this State laws here). Before two justices of the peace of the county where the lands lie or where the grantor lives or before a judge of the county court of the former county or the mayor of Annapolis for Anne Arundel county. When the acknowledgment is made in another county than that in which the lands are situated, an in which the party Eves, the clerk of the court must certify under the court seal, the official capacity of the acting justices or judge. When the grantor resides out of the state, a commission issues on, application of the purchaser and with the written consent of the grantor, from the clerk of the county court where the land lies, to two or more commissioners at the grantee’s residence; any two of whom may take the acknowledgment and must certify it under seal and return the commission to be recorded with the deed; or the grantor may allow an attorney in the state to acknowledge for him, the power to be incorporated in the deed or annexed to it and proved by a subscribing witness before the county court or two justices of the peace where the land lies or a district judge or the governor or a mayor, notary public, court or judge tof this, of the place where it is. executed; in each case the certificate to be under an official seal. By the acts of 1825, c. 58 and 1830, c. 164 the acknowledgment in another state may be before a judge of the U. S. or a judge of a court of record of the state. and county where the grantor may be the clerk to certify under seal, the official character of the magistrate. By the act of 1837, c. 97, commissioners may be appointed by authority of the state, who must reside in the other states or territories of the United States who must be authorized to take acknowledgment of deeds. The act of 1831, c. 205, needs that the officer must certify knowledge of the parties. The acknowledgment of a feme covert must be made separate and apart from her husband. 2 Hill. Ab. 442; Griff. Reg. h. t. See also, 7 Gill & J. 480; 2 Gill. & J. 173 6 Harr. & J. 336; 3 Harr. & J.371; 1 Harr. & J. 178; 4 Harr. & M’H. 222. “ Massachusetts (see more about this State laws here). Before a justice of the peace or magistrate out of the state. It has been held that an American consul at a foreign port, is a magistrate. 13 Pick. R. 523. An acknowledgment by one of two grantors has been held, enough to authorize the registration of a deed; and a wife need not, therefore, acknowledge the conveyance when she joins with her husband. 2 Hill.
Ab. c. 34, s. 45.” Michigan (see more about this State laws here). Before a judge of a court of record, notary public, justice of the peace or master in chancery; and if the death of the grantor or his departure from the state, it may be proved by one of the subscribing witnesses before any court of record in the state. Rev. St. 208 Laws of 1840, p. 166.

When, the deed is acknowledged out of the state of Michigan (see more about this State laws here) , but in the United States or an of the territories of the U. S., it is to be acknowledged according to the laws of such state or territory, with a certificate of the proper county clerk, under his seal of office, that such deed is executed according to the laws of such state or territory, attached tto this. When acknowledged in a foreign country, it may be executed according to the laws of such foreign country, but, it must in such. case, be acknowledged before a minister plenipotentiary, consul or charge d’affaires of the United States and the acknowledgment must be certified by the officer before whom the same was taken. Laws of 1840, p. 166, sec. 2 and 3.

When the acknowledgment is made by a feme covert, the certificate must state that on a private examination of such feme’ covert, separate and apart from her husband, she acknowledged that she executed the deed without fear or compulsion from any one. Laws of 1840, p. 167, sec. 4.

Mississippi

When in the state, deeds may be acknowledged or proved by one or more of the subscribing witnesses to them, before any judge of the high court of errors and appeals or a judge of the circuit courts or judge of probate (see more about this popular legal topic in the U.S. encyclopedia) and certified by such judge; or before any notary public or clerk of any court of record. in this state and certified by such notary or clerk under the seal of his office; How. & Hutch. c. 34, s. 99, p. 868, Law of .1833; or before any justice of that county, where the land or any part tof this, is situated; Ib. p. 343, s. 1, Law of 1822; or before any, member of the board of police, in his respective county. Ib. p. 445, c. 38, s. 50, Law of 1838.

When in another state or territory of the United States, such deeds must be acknowledged or proved as aforesaid, before a judge of the supreme court or of the district courts of the United States or before any judge of the supreme or superior court of any state or territory in the Union; How. & Hutch. 846) c. 34, s. 13, Law of 1832; or before and certified by any judge of any inferior or county court of record or before any justice of the peace of the state or territory and county, where such person or witness or witnesses may then be or reside and authenticated by the certificate of the clerk or register of the superior county or circuit court of such county, with a seal of his office tto this affixed; or if taken before or certified by a justice of the peace, must be authenticated by the certificate of either the clerk of the Said inferior or county court of record of such county, with the seal of his office tto this affixed. Laws of Mississippi (see more about this State laws here) , Jan. 27, 1841, p. 132.

When out of the United States, such acknowledgment or proof as, afore said, must be made before an court of law or mayor or other chief magistrate of any city, borough or corporation of such foreign kingdom, state, nation or colony, in which the said parties or witnesses reside; certified by the court, mayor or chief magistrate, in a way such acts are usually authenticated by him. How. & Hutch, 346, c. 34, s. 14, Law of 1822.

When made by a feme covert, the certificate must state that she made earlier acknowledgment, on a private examination, apart from her husband before the proper officer, that she sealed and delivered the same as her act and deed, freely, without any fear, threat or compulsion of her husband. How. & Hutch. 347, c. 34, s. 19, Law of 1822.

Missouri (see more about this State laws here). In the state, before some court having a seal or some judge, justice or clerk tof this or a justice of the peace in the county where the land lies. Rev. Code, 1835, 8, p. 120.

Out of the state, but in the United States, before any court of the United States or of any state or territory, having a seal or the clerk tof this. Id. cl. 2.

Out of the United States, before any court of any state, kingdom or empire having a seal or the mayor of any city having an official seal.

Every court or officer taking the acknowledgment of such instrument or relinquishment of dower or the deed of the wife of the husband’s land, must endorse a certificate tof this upon the instrument; when made before a court, the certificate must be under its seal; if by a clerk, under his band and the seal of the court; when before an officer having an official seal, under his hand and seal; when by an officer having no seal, under his hand. The certificate must state that the party was personally known to the judge or other officer as the signer or proved to be such by two credible witnesses. Misso. St. 120-122; 2 Hill. Ab. 453; Griff. h. t.

When the acknowledgment is made by a feme covert, releasing her dower, the certificate must state that she is personally known to a judge of the court or the officer before whom the deed is acknowledged or that, her identity was proved by two credible witnesses; it must also state that she was informed of the contents of the deed; that it was acknowledged separate and apart from her husband; that she releases her dower freely without compulsion or undue conveyance of her own lands, the acknowledgment may be made before any court authorized to take acknowledgments. It must be done as in the cases of release of dower and have a similar certificate. Ib. New Hampshire (see more about this State laws here). Before a justice of the peace or a notary public; and the acknowledgment of a deed before a notary public in another state is good. 2 N. H. Rep. 420 2 Hill. Ab. c. 34, s. 61. New Jersey (see more about this State laws here). In the state, before the chancellor, a justice of the supreme court of this state, a master in chancery or a judge of any inferior court of common pleas, whether in the same or a different county; Rev. Laws, 458, Act of June 7, 1799; or before a commissioner for taking the acknowledgments or proofs of deeds, two of whom are appointed by the legislature in each township, who are authorized to take acknowledgments or proofs of deeds in any part of the state. Rev. Laws, 748, Act of June 5, 1820.

“In another state or territory of the United States, before a judge of the supreme court of the United States or a district judge of the United States or any judge or justice of the supreme or superior court of any state in the Union; Rev. Laws, 459, Act of June 7, 1799; or before a mayor or other chief magistrate of any city in any other state or territory of the U. S. and duly certified under the seal of such city; or before a judge of any, superior
court or court of common pleas of any state or territory; when, taken before a judge of a court of common pleas, it must be accompanied by a certificate under the great seal of the state or the seal of the county court in which it is made, that he is such officer; Rev. Laws, 747, Act of June 5, 1820; or before a commissioner appointed by the governor, who resides in such state; Harr. Comp. 158, Act of December 27, 1826; two of whom may be appointed for each of the States of New York (see more about this State laws here) and Pennsylvania (see more about this State laws here). Elmer’s Dig. Act of Nov. 3, 1836.”

When made out of the United States, the acknowledgment may be before any court of law or mayor,-or other magistrate, of any city, borough or corporation of a foreign kingdom, state, nation or colony, in which the party or his witnesses reside, certified by the said court, mayor or chief magistrate, in the way in which such acts are usually authenticated by him. Rev. Laws, 459, Act of June 7, 1799. The certificate. in all cases must state that the officer who makes it, first made known the contents of the deed to the person making the acknowledgment and that he was satisfied such person was the grantor mentioned in the deed. Rev. Laws, 749, Act of June 5, 1820.

When the acknowledgment is made by a feme covert, the certificate must state that on a private examination, apart from her husband, before a proper officer, (ut supra,) she acknowledged that she signed, sealed and delivered the deed, as her voluntary act and deed, freely, without any fear, threats or compulsion of her husband. Rev. Laws, 459, Act of June 7, 1799.. New York (see more about this State laws here). Before the chancellor or justice of the supreme court, circuit judge, supreme court commissioner, judge of the county court, mayor or recorder of a city, or, commissioner of deeds; a county judge or commissioner of deeds for a city or county, not to act out of the same. When the party resides in another state, before a judge of the United States or a judge or justice of the supreme, superior or circuit court of any state or territory of the United States, Within his own jurisdiction. By a statute passed in 1840, chap. 290, the governor is authorized to appoint commissioners in other states, to take the acknowledgment and proof of deeds and other instruments.

When the party is in Europe (see more about the legal issues of this continet here) or other parts of America, before a resident minister or charge d’affaires of the United States; in France (see more about this legal system) , before the United States consul at Paris; in Russia, before the same officer at St. Petersburg; in the British dominions, before the Lord Mayor of London, the chief magistrate of Dublin, Edinburgh or Liverpool or the United States consul at London. The certificate to be under the hand and official seal of such officer. It may also be made before any person specially authorized by the court of chancery of this state. The officer must in all cases be satisfied of the identity of the party, either from his own knowledge or from the oath or affirmation of a witness, who is to be named in the certificate. A feme covert must be privately examined; but if out of the state this is unnecessary. 2 Hill. Ab. 434; Griff. Reg. h. t. By the act passed April 7, 1848, it is gived, that: 1. The proof or acknowledgment of any deed or other written, instrument needd to be proved or acknowledged, in order to entitle the same to be recorded or read in evidence, when made by any person residing out of this state and within any other state or territory of the United States, may be made before any officer of such state or territory, authorized by the laws tof this to take the proof and acknowledgment of deeds and when so taken and certified as by the act is gived, must be entitled to be recorded in any county in this state and may be read in evidence in any court in this state, in the same way and with like effect, as proofs and acknowledgments taken before any of the officers now authorized by law to take such proofs and acknowledgments: gived that no such acknowledgment must be valid unless the officer taking the same must know or have satisfactory evidence that the person making such acknowledgment is the individual described in and who executed the deed or instrument.

To entitle any conveyance or other written instrument acknowledged or proved under the preceding section, to be read in evidence or recorded in this state, there must be subjoined to the certificate of proof or acknowledgment, signed by such officer, a certificate under the name and official seal of the clerk or register of the county in which such officer resides, specifying that such officer was at the time of taking such proof or acknowledgment, duly authorized to take the same and that such clerk or register is well acquainted with the handwriting of such officer and verily believes that the signature to said certificate of proof and acknowledgment, is genuine.

North Carolina (see more about this State laws here). The acknowledgment or proof of deeds for the conveyance of lands, when taken or made in the state, must be before one of the judges of the supreme court or superior court or in the court of the county where the land lieth. 1 ltev. Stat. c. 37, s.. 1. When in another state or territory of the United States or the District of Columbia, the deed must be acknowledged or proved, before someone of the judges of the superior courts of law or circuit courts of law of superior jurisdiction, within the said state, &c., with a certificate of the governor of the said state or territory or of the secretary of state of the United States, when in the District of Columbia, of the official character of the judge; or before a commissioner appointed by the governor of this state according to law. 1 Rev. Stat. c. 37, s. 5. When out of the United States, the deeds must be acknowledged or proved, before the chief magistrate of some city, town or corporation of the countries where the said deeds were executed; or before some ambassador, public minister, consul or commercial agent, with proper certificate under their official seals; 1 Rev. Stat. c. 37 s. 6. and 7; or before a commissioner in such foreign country, under a commission from the county court where the land lieth. See. 8. When acknowledged by a feme covert, the certificate must state that she was privily examined by the proper officer, that she acknowledged the due execution of the deed and declared that she executed the same freely, voluntarily and without the fear or compulsion of her husband or any other person, and, that she then assented tto this. When she is resident of another county or so infirm that she cannot travel to the judge or county court, the deed may be acknowledged by the husband or proved by witnesses and a commission in a prescribed form may be issued for taking the examination of the wife. 1 Rev. Stat. c. 37, s. 6, 8, 9, 10, 11, 13 and 14.

Ohio (see more about this State laws here). In the state, deeds and other instruments affecting lands must be acknowledged before a judge of the supreme court, a judge of the court of common pleas, a justice of the peace, notary public, mayor or other presiding officer of an incorporated town or city. Ohio (see more about this State laws here) Stat. vol. 29, p. 346, Act of February 22, 1831, which went in force June 1, 1831 Swan’s Coll. L. 266, s. 1.

When made out of the state, whether in another state or territory or out of the U. S., they must be acknowledged or proved, according to the laws of the state, territory or country, where they are executed or according to the laws of the state of Ohio (see more about this State laws here). Swan’s Coll. L. 265, 8. 5.

When made by a feme covert, the certificate must state that she was examined by the officer, separate and apart from her husband and the contents of the deed were fully made known to her; that she did declare upon such separate examination, that she voluntarily sign, seal and acknowledge the same and that she is still satisfied twith this. Pennsylvania (see more about this State laws here). Before a judge of the supreme court or of the courts of common pleas, the district courts or before any mayor or alderman or justice of the peace of the commonwealth or before the recorder of the city of Philadelphia.

When made out of the state and within the United States, the acknowledgment may be before one of the judges of the supreme or district courts of the United States or before an one of the judges or justices of the supreme or superior courts or courts of common pleas of any state or territory within the United States; and so certified under the hand of the said judge and the seal of the court. Commissioners appointed by the governor, residing in either of the United States or of the District of Columbia, are also authorized to take acknowledgment of deeds. When made out of the United States, the acknowledgment may, be made before any consul or vice-consul of the United States, duly appointed for and exercising consular functions in the state, kingdom, country or place where such an acknowledgment may be made and certified under the public or official seal of such consul or vice-consul of the United States. Act of January 16, 1827. By the act May 27th, 1715, s. 4, deeds made out of the province [state] may be proved by the oath or solemn affirmation of one or more of the witnesses hereunto, before one or more of the justices of the peace of this province [state] or before any mayor or chief magistrate or officer of the cities, towns or places, where such deed or conveyances are so proved. The proof must be certified by the officer under the common or public seal of the cities, towns or places where such conveyances are so proved. But by construction it is now established that a deed acknowledged before such officer is valid, although the act declares it must be proved. 1 Peters Reports 433.

The certificate of the acknowledgment of a feme covert must state, 1, that she is of full age; 2, that the contents of the instrument have been made known to her; 3, that she has been examined separate and apart from her husband; and, 4, that she executed the deed of her own free will and accord, without any coercion or compulsion of her husband. It is the constant practice of making the certificate, under seal, though if it be merely under the hand of the officer, it will be sufficient. Act of Feb. 19, 1835. By the act of the 16th day of April 1840, entitled. “An act incorporating the Ebenezer Methodist Episcopal congregation for the borough of Reading and for other purposes,” Pamph. Laws, 357, 361, it is gived by 15, “That any and every grant, bargain and sale, release or other deed of conveyance or assurance of any lands, tenements or hereditaments in this commonwealth, until now bona fide made, executed and delivered by husband and wife within any other of the United States, where the acknowledgment of the execution tof this has been taken and certified by any officer or officers in any of the states where made and executed, who, was or were authorized by the laws of such state to take and certify the acknowledgment of deeds of conveyance of lands there, must be deemed and adjudged to be as good, valid and effectual in law for transferring, passing and conveying the estate, right, title and interest of such husband and wife of, in and to the lands; tenements and hereditaments there mentioned and be in like way entitled to be recorded, as if the acknowledgment of the execution of the same deed had been in the same and like way, way and form taken and certified by any judge, alderman or justice of the peace, of and within this commonwealth. 16. That no grant, bargain and sale, feoffment, deed of conveyance, lease, release, assignment or other assurance of any lands, tenements and hereditaments any, until now bona fide made and executed by husband and wife and acknowledged by them before some judge, justice of the peace, alderman or other officer authorized by law, within this state or an officer in one of the United States, to take such acknowledgment or which may be so made, executed and acknowledged as aforesaid, before the first day of January next, must be deemed, held or adjudged, invalid or, defective or inenough in law or avoided or prejudiced, by reason of any informality or omission in setting forth the particulars of the acknowledgment made before such officer, as aforesaid, in the certificate tof this, but all and every such grant, bargain and sale, feoffment, deed of conveyance, lease, release, assignment or other assurance so made, executed and acknowledged as aforesaid, must be as good, valid and effectual in law for transferring, passing and conveying the estate, right, title and interest of such husband and wife of, in and to the lands, tenements and hereditaments mentioned in the same, as if all the requisites and particulars of such acknowledgment mentioned in the act, entitle an act for the better confirmation of the estates of people holding or claiming under feme coverts and for establishing a mode by which husband and wife may after this convey their estates, passed the twenty-fourth day of February, one thousand seven hundred and seventy, were particularly set forth in the certificate tof this or appeared upon the face of the same.”

By the act of the 3d day of April 1840, Pamph. L. 233, it is enacted, “That where any deed, conveyance or other instrument of writing has been or must be made and executed, either within or out of this state and the acknowledgment or proof tof this, duly certified, by any officer under seal, according to the existing laws of this commonwealth, for the purpose of being recorded there, such certificate must be deemed prima facie evidence of such execution and acknowledgment or proof, without requiring proof of the said seal, as fully, to all intents and purposes and with the same effect only, as if the same had been so acknowledged or proved before any judge, justice of the peace or alderman within this commonwealth.” The act about executions and for other purposes, passed 16th April 1840, Pamph. L. 412, enacts, 7, ” That the recorders of deeds must have authority to take the acknowledgment and proof of the execution of any deed, mortgage or other conveyance of any lands, tenements or hereditaments lying or being in the county, for which they are respectively appointed as recorders of deeds or within every city, district or part tof this or for any contract, letter of attorney or any other writing, under seal, to be used or recorded within their respective counties and such acknowledgment or proof, taken or made in the way directed by the laws of this state and certified by the said recorder, under his hand and seal of office; which certificate must be endorsed or annexed to said deed or instrument aforesaid, must have the same force and effect and be as good and available in law, for all purposes, as if the same had been made or taken before any judge of the supreme court or president or associate judge of any of the courts of common pleas within this commonwealth.” Rhode Island (see more about this State laws here). Before any senator, judge, justice of the peace or town clerk. When the acknowledgment is made in another state or country, it must be before a judge, justice, mayor or, notary public there and certified under his hand and seal. A wife releasing dower need not acknowledge the deed; but to a conveyance an acknowledgment and private examination are necessary. 2 Hill. Ab. c. 34, s. 94. South Carolina (see more about this State laws here). Before a judge of the supreme court. A feme covert may release her dower or convey her own estate, by joining with her husband in a deed and being privately examined, in the latter case, seven days afterwards, before a judge of law or equity or a justice of the quorum; she may also release dower by a separate deed. The certificate of the officer is under seal and signed by the woman. Deeds may be proved upon the oath of one witness before a magistrate and this is said to be the general practice. When the deed is to be executed out of the state, the justices of the county where the land lies or a judge of the court of common pleas, may by dedimus allow two or more justices of the county where the grantor resides, to tale his acknowledgment upon the oath of two witnesses to the execution. 2 Hill. Ab. 448, 9; Griff. Reg. b. t. Tennessee (see more about this State laws here). A deed or power of attorney to convey land must be acknowledged or proved by two subscribing witnesses, in the court of the county or the court of the district where the land lies. The certificate of acknowledgment must be endorsed upon the deed by the clerk of the court.

The acknowledgment of a feme covert is made. before a court of record in the state, or, if the parties live out of it, before a court of record in another state or territory; and if the wife is unable to attend court, the acknowledgment may be before commissioners allowed by the court of the county in which the husband acknowledges the commission to be returned certified with the court seal and recorded.

In all these cases the certificate must state that the wife has been privately examined. The seal of the court is to be annexed when the deed is to be used out of the state, when made in it and vice. versa; in which case there is to be a seal and a certificate of the presiding judge or justice to the official station, of the clerk and the due formality of the attestation. By the statute of 1820, the acknowledgment in other states may be conformable to the laws of the state, in which the grantor resides.

By the act of 1831, c, 90, s. 9, it is gived, that all deeds or conveyances for land made without the limits of this state, must be proved as until now or before a notary public under his seal of office. Caruthers & Nicholson’s Compilation of the Stat. of Tenn. 593. The officer must certify that he is acquainted with the grantor and that he is an inhabitant of the state. There must also be a certificate of the governor or secretary under the great seal or a judge of the superior court that the acknowledgment is in due form. Griff. Reg. h. t.; 2 Hill. Ab. 458.

By an act passed during the session of 1839-1840, chap. 26, it is enacted, 1. “That deeds of every description may be proved by two subscribing witnesses or acknowledged and recorded and may then be read in, evidence. 2. That deeds executed beyond the limits of the United States may be proved or acknowledged before a notary public or before any consul, minister or ambassador of the United States or before a commissioner of the state. 3. That the governor may appoint commissioners in other states and in foreign countries for the proof, &c. of deeds. 4. Affidavits taken as above, as to pedigree or heirship, may be received as evidence, by executors or administrators or in regard to the partition and distribution of property or estates.” See 2 Yerg. 91, 108, 238, 400, 520; 3 Yerg. 81; Cooke, 431. Vermont (see more about this State laws here). 1. All deeds and other conveyances of lands or any estate or interest there, must be signed and sealed by the party granting the same and signed by two or more witnesses and acknowledged by the grantor, before a justice of the peace. Rev. Stat. tit. 14, c. 6, s. 4. Every deed by the husband and wife must contain an acknowledgment by the wife, made apart from her husband, before a judge of the supreme court, a judge of the county court or some justice of the peace, that she executed such conveyance freely and without any fear or compulsion of her husband; a certificate of which acknowledgment, so taken, must be endorsed on the deed by the, authority taking the same. Id. s. 7. All deeds and other conveyances and powers of attorney for the conveyance of lands, the acknowledgment or proof of which must have been or after this must be taken without this state, if certified agreeably to the laws of the state, province or kingdom in which it was taken, must be as valid as though the same were taken before some proper officer or court, within this state; and the proof of the same may be taken and the same acknowledged with like effect, before any justice of the peace, magistrate or notary public, within the United States or in any foreign country or before any commissioner appointed for that purpose by the governor of this state or before any minister, charge d’affaires or consul of the United States in any foreign country and the acknowledgment of a deed a feme in the form needd by covert, by this chapter may be taken by either of the said people Id. 9.

Virginia (see more about this State laws here). Before the general court or the court of the district, county, city or corporation where some part of the land lies; when the party lives out of the state or of the district or county where the land lies, the acknowledgment may be before any court of law or the chief magistrate of any city, town or corporation of the country where the party resides and certified by him in the usual form. When a married woman executes the deed, she appears in court and is examined privately by one of the judges, as to her freely signing the instrument and continuing satisfied with it, the deed being shown and explained to her. She acknowledges the deed before the court or else before two justices of the county where she dwells or the magistrate of a corporate town, if she lives within the United States; these officers being allowed by a commission from the clerk of the court where the deed, is to be recorded, to examine her and to take her acknowledgment. If she is out of the United States, the commission authorizes two judges or justices of any court of law or the, chief magistrate of any city, town or corporation, in her county and is executed as by two justices in the United States. The certificate is to be authenticated in the usual form. 2 Hill. Ab. 444, 5; Griff. Reg. h. t.; 2 Leigh’s R, 186; 2 Call. R. 103; 1 Wash. R. 319.

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Notes and References

1. Partialy, this information about Acknowledgment is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including Acknowledgment.

See Also

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Further Reading

• Information about Acknowledgments in the Gale Encyclopedia of American Law.