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NC General Statutes

N.C. Gen. Stat. § 47-12 (2026)

Proof of attested instrument by subscribing witness

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Except as provided by G.S. 47-12.2, the execution of any instrument required or permitted by law to be registered, which has been witnessed by one or more subscribing witnesses, may be proved for registration before any official authorized by law to take proof of such an instrument, by a statement under oath of any such subscribing witness that the maker either signed the instrument in his presence or acknowledged to him the execution thereof. Nothing in this section in anywise affects any of the requirements set out in G.S. 52-10 or 52-10.1. (1899, c. 235, s. 12; Rev., s. 997; C.S., s. 3303; 1935, c. 168; 1937, c. 7; 1945, c. 73, s. 11; 1947, c. 991, s. 1; 1949, c. 815, ss. 1, 2; 1951, c. 379, s. 1; 1953, c. 1078, s. 1; 1977, c. 375, s. 12.)

 

Notes of Decisions
Cited in 2 cases, 1963–1974 · leading case: New Home Bldg. Supply Co. v. Nations, 131 S.E.2d 425 (N.C. 1963).
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New Home Bldg. Supply Co. v. Nations, 131 S.E.2d 425 (N.C. 1963). “The deed from defendant to Lundy has been duly recorded. However, according to the record before us, the informal conveyance from Lundy to plaintiff has not been.”
Nelson v. Comer, 205 S.E.2d 537 (N.C. Ct. App. 1974). “G.S. 47-12, et seq., provide for proof of an attested instrument by a subscribing witness or by handwriting.”
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