Deeds may be acknowledged, attested, or subscribed to by witness.

- 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).

Deed not properly attested or acknowledged as required is ineligible for recording, and, even if recorded, does not constitute constructive notice. Higdon v. Gates, 238 Ga. 105, 231 S.E.2d 345 (1976).

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).

Am. Jur. 2d.

- 23 Am. Jur. 2d, Deeds, §§ 98, 99.

ALR.

- Acknowledgment or oath over telephone, 12 A.L.R. 538; 58 A.L.R. 604.