Mississippi Code
Miss. Code Ann. § 89-5-13 (2024)
Instruments of conveyance recorded for seven and ten years; acknowledgment valid
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) Concerning an interest in land, whenever an instrument of conveyance (including but not limited to a deed of trust or assignment), release, termination or cancellation which contains a defective acknowledgement has been of record seven (7) years or more in the land records of the county in which the said land is located, the acknowledgment shall be good without regard to the form of the certificate of acknowledgment.
- (2) Any such instrument which has been of record for ten (10) years and which bears no acknowledgement shall likewise be treated as if properly acknowledged.
Codes, 1942, § 867.5; Laws, 1954, ch. 224, §§ 1, 2; Laws, 1999, ch. 412, § 1, eff. 7/1/1999.
Notes of Decisions
Cited in 5
cases, 1982–2013 · leading case: King v. King, 760 So. 2d 830 (Miss. Ct. App. 2000).
King v. King, 760 So. 2d 830 (Miss. Ct. App. 2000). “Miss.Code Ann. § 89-5-13 (1972). Nettie contends that because twenty years have passed since the deed was recorded, the deed is presumed valid.”
Mills v. Damson Oil Corp., 686 F.2d 1096 (5th Cir. 1982). “The Curative Statute If, however, the Supreme Court of Mississippi should decide that the acknowledgment to the Daws Deed is void, though the defect therein is entirely latent, and does not impart constructive notice to bona fide purchasers, then the question arises whether the…”
Morrow v. Morrow, 129 So. 3d 142 (Miss. 2013). “See also Miss.Code Ann. § 89-5-13 (Rev.2011). . In re Estate of Hardy, 910 So.”
Crum v. Butler, 601 So. 2d 834 (Miss. 1992). “Miss. Code Ann. § 89-5-13 (1972). However, a curative statute does not cure any defect and cannot be held to supply an acknowledgment when in fact there is no acknowledgment.”
Phillip Morrow v. Ronald Morrow, No. 2009-CT-01319-SCT (Miss. Oct. 23, 2006). “See also Miss. Code Ann. § 89-5-13 (Rev. 2011). 7 In re Estate of Hardy, 910 So.”
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