O.C.G.A. § 44-2-15 (2019)

Annotations

JUDICIAL DECISIONS can Slicing Mach. Co., 18 Ga. App. 670, 90 S.E. 366 (1916) (see O.C.G.A. § 44-2-15). Clerk of superior court can attest deed in the county wherein the clerk holds office, and not elsewhere, and the clerk cannot only witness a deed when the deed is to be recorded in that county. Anderson & Conley v. Leverette, 116 Ga. 732, 42 S.E. 1026 (1902). Attesting officer presumed to have jurisdiction. - In the absence of direct evidence to the contrary, a deed is presumed to have been executed where attested, and the attesting officer is presumed to have had jurisdiction. Rowe v. Spencer, 132 Ga. 426, 64 S.E. 468, 47 L.R.A. (n.s.) 561 (1909); Flint River Lumber Co. v. Smith, 134 Ga. 627, 68 S.E. 436 (1910). See also Glover v. Cox, 137 Ga. 684, 73 S.E. 1068, 1913B Ann. Cas. 191 (1912); Cammon v. State, 20 Ga. App. 175, 92 S.E. 957 (1917). Lack of attestation or acknowledgment as affecting notice. - Registry of deed not attested, or not legally proved or acknowledged, is not constructive notice to a subsequent purchaser. Citizens’ Bank v. Taylor, 169 Ga. 203, 149 S.E. 861 (1929). Alleged defect in notarization not apparent on face of document. - Trial court did not err in granting summary judgment to the corporations on the issue of whether the corporations had actual or constructive notice of fraud regarding the relatives’ quitclaim deeds despite the relatives’ assertions that the deeds were notarized after the deeds were signed and were notarized outside the presence of each of the relatives; even assuming the assertion was true, that defect in proper notarization was not apparent from the face of any of the deeds involved, all of which were signed, witnessed, and notarized. Bowman v. Century Funding, Ltd., 277 Ga. App. 540, 627 S.E.2d 73 (2006).

Recorded deed must be attested, acknowledged, or proven by affidavit. - To admit a deed to record, it must be a perfect deed. It must be attested by two witnesses. It must be attested or acknowledged, if executed in this state, as provided in former Civil Code 1910, § 4202 (see O.C.G.A. § 44-2-15), or it must be probated as provided in former Civil Code 1910, § 4205 (see O.C.G.A. § 44-2-18). Citizens’ Bank v. Taylor, 169 Ga. 203, 149 S.E. 861 (1929). Deeds of realty and personalty may be acknowledged before, as well as attested by, an officer, or proven by the affidavit of a subscribing witness to prepare the deeds for record. Webb v. United-American Soda Fountain Co., 59 F.2d 329 (5th Cir. 1932). Effect of statutory modification. - Codifiers intentionally modified preexisting law which allowed clerk of inferior court to make attestation required. Miller v. Southwestern R.R., 55 Ga. 143 (1875); Kennedy v. McCardel, 88 Ga. 454, 14 S.E. 710 (1892) (decided under former Code 1873, § 2706, prior to amendment by Ga. L. 1924, p. 83, § 1). For other modifications made by the codifiers, see Gress Lumber Co. v. Coody, 99 Ga. 775, 27 S.E. 169 (1896); Anderson & Conley v. Leverette, 116 Ga. 732, 42 S.E. 1026 (1902). Attestation by justice of peace of another state does not meet requirements of this statute. Eaton v. Freeman, 58 Ga. 129 (1877) (see O.C.G.A. § 44-2-15). Attestation by notary public of another county. - Attestation by a notary public of another county than that in which recordation is sought does not meet requirements of this statute. Allgood v. State, 87 Ga. 668, 13 S.E. 569 (1891). See also Brockett v. Ameri-

RESEARCH REFERENCES Am. Jur. 2d. - 23 Am. Jur. 2d, Deeds, § 99.

C.J.S. - 26A C.J.S., Deeds, §§ 68, 69.