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on the instrument the year, month, day, hour and minute of receiving the same, and the date of record of such instrument will be from the date of filing; he is then required to enter the same upon the receiving book, making all the entries in the approprite columns, as provided by law, and must, as soon thereafter as practicable, record said instrument in the proper record, enter it upon the proper indexes, and over his signature and seal note the book and page upon which said instrument is recorded.27

Sec. 408. What instruments of conveyance may be used as evidence in court.

All instruments affecting real estate and executed and acknowledged in substantial compliance herewith will be received in evidence in all courts without further proof of their execution; and in all cases where copies of other instruments might lawfully be used in evidence, copies of the same, duly certified from the records by the register of deeds may be received in evidence; and if the same need not be recorded to be valid for the purpose for which such evidence is offered, a copy duly verified by oath or affidavit of any person knowing the same to be a true copy may be received in evidence.28

Sec. 409. Requirements as to printing and writing in a conveyance.

No instrument affecting the title to real estate may be filed for record or recorded unless plainly printed or written or partly printed and partly written in the English language.29

27 Snyder, 1,740; Wilson, 1,284. 28 Snyder, 1,209; Wilson, 902.

29 Snyder, 1,210; Wilson, 903.

Sec. 410. Corporation may convey by attorney, when.

Corporations, as well as individuals, may make, acknowledge and deliver instruments affecting real estate by an attorney in fact.30

Sec. 411. What instruments executed by a corporation or its attorney valid.

Every instrument affecting real estate or authorizing the execution of any deed, mortgage or other instrument relating thereto, executed and acknowledged by a corporation or its attorney in fact, in substantial compliance with the provisions of this chapter, will be valid and binding upon the grantor, notwithstanding any omission or irregularity in the proceedings of such corporation or any of its officers or members, and without reference to any provision in its constitution or by-laws.3

31

Sec. 412. Conveyance void for want of consideration, when.

Every conveyance of real estate or any interest therein, and every mortgage or other instrument in any way affecting the same, made without a fair and valuable consideration, or made in bad faith, or for the purpose of hindering, delaying or defrauding creditors will be void as against all persons to whom the maker is at the time indebted or under any legal liability.32

Sec. 413. Every estate in land deemed fee simple unless limited by special words.

Every estate in land which may be granted, conveyed or demised by deed or will, will be deemed an estate in fee simple and of inheritance unless limited by express words.35

30 Snyder, 1,211; Wilson, 904. 31 Snyder, 1,212; Wilson, 905. 32 Snyder, 1,213; Wilson, 906. See, also, Kershaw v. Willwy, 22 Okla. 677, 98 Pac. 908. As to deed of wife in fraud of creditors, see Jenks v. McGowan, 9 Okla. 306, 60 Pac. 239. For fraud and want of

consideration, see Alton v. Staten, 19 Okla. 252, 91 Pac. 892. And promise to support grantor in fraud of creditors, void, when, see Shelby v. Siegler, 22 Okla. 799, 98 Pac. 989.

33 Snyder, 1,214; Wilson, 907.

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Sec. 414. Will may be recorded with like effect as deed,

when.

Any will devising real estate or any interest therein, together with a copy of the probate thereof, duly certified by the county judge, may be filed and recorded in the office of the register of deeds, with like effect as a deed duly executed and acknowledged.3*

Sec. 415. Judgment may be filed and recorded-Effect of.

Any judgment or decree of a court of competent jurisdiction finding and adjudging the rights of any party to real estate or any interest therein, duly certified, may be filed for record and recorded in the office of the register of deeds, with like effect as a deed duly executed and acknowledged.35

Sec. 416. Minor may hold title to real estate, when.

A minor may take and hold title to real estate, and an estate of freehold or inheritance may be made to commence in the future by express provisions of the deed, and without at the same time creating any intervening estate.30

Sec. 417. Form for acknowledgment of any instrument affecting real estate.

An acknowledgment by individuals of any instrument affecting real estate must be substantially in the following form, to-wit:

State of Oklahoma,
Before me,

day of

County, ss.:

in and for said county and State, on this

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to me known to be the identical person- who executed

the within and foregoing instrument, and acknowledged to me that

executed the same as

free and voluntary act

and deed for the uses and purposes therein set forth.37

34 Snyder,
35 Snyder, 1,216; Wilson, 909.
36 Snyder, 1,220; Wilson, 913.

1,215; Wilson, 908.

37 Snyder, 1221; Wilson, 914. As between the parties to the mortgage, the mortgage is valid, though not

Sec. 418. Before whom acknowledgments may be taken. Every acknowledgment, except when taken by a justice of the peace, must be under the seal of the officer taking the same; and when taken in the State, may be taken before a justice of the peace of the county where the land is situated, or before any notary public, county clerk, clerk of the district court or county judge; and when taken out of the State, it may be taken before any notary public, clerk of a court of record, commissioner of deeds duly appointed by the Governor of the State for the county, State or Territory where the same is taken; and when taken in any foreign country, it may be taken before any court of record or clerk of such court, or before any consul of the United States.38

Sec. 419. Certain acknowledgments legalized by Legislature. In all cases where heretofore any county judge, register of deeds, United States commissioner, or United States court commissioner has taken acknowledgment of deeds or other conveyances of real estate in their respective counties, that the same be and are hereby legalized and made valid and binding; and such action will have the same force and effect as if taken before some officer heretofore empowered by the statute to take acknowledgments."

Sec. 420. Statutory form for deed.

A warranty deed to real estate may be substantially in the following form, to-wit:

-, part― of

dollars in

KNOW ALL MEN BY THESE PRESENTS, that the first part, in consideration of the sum of hand paid, the receipt of which is hereby acknowledged, dohereby grant, bargain, sell and convey unto

recorded. Hess v. Trig, 8 Okla. 287, 57 Pac. 159. And a substantial compliance with this statute will be sufficient. Garten v. Hudson, 8 Okla. 631, 58 Pac. 946; see,

the follow

also, Mosier v. Momson, 13 Okla. 41, 74 Pac. 905.

38 Snyder, 1,222.
39 Snyder, 1,223.

ing described real property and premises situate in County, State of Oklahoma, to-wit: (Here describe the property), together with all the improvements thereon and the appurtenances thereunto belonging, and warrant the title to the same. TO HAVE AND TO HOLD said described premises unto said partof the second part, heirs and assigns forever, free, clear

and discharged of and from all former grants, charges, taxes, judgments, mortgages and other liens and incumbrances of whatsoever nature.

Signed and delivered this

day of

19-40

Sec. 421. Difference in form for a warranty and quitclaim

deed.

A quitclaim deed to real estate may be substantially the same as a warranty deed, with the word "quitclaim" inserted in connection with the words, do hereby grant, bargain, sell and convey, as follows: "Do hereby quitclaim, grant, bargain, sell and convey," and by omitting the words, "and warrant the title to the same."

99 41

Sec. 422. The manner in which instruments of conveyance by corporation must be executed.

Every deed, or other instrument affecting real estate, made by a corporation, must have the name of such corporation subscribed thereto either by an attorney in fact or by the president or vice-president of such corporation, and when made by a public corporation the name of such corporation must be subscribed by the chief officer thereof.42

40 Snyder, 1,226; Wilson, 918. For form of acknowledgment, see Section 417, supra.

41 Snyder, 1,227; Wilson, 919. It has been held that this statute is directory and the language of the

deed will not be required to be in the exact language of the statute. Mosher v. Monson, 13 Okla. 41, 74 Pac. 905.

42 Snyder, 1,228; Wilson, 920.

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