Tennessee Code Annotated
Tenn. Code Ann. § 66-26-113 (2026)
Omission of words from certificate
✓ current as of May 2026
The unintentional omission by the clerk or other officer of any words in a certificate of an acknowledgment, or probate of any deed or other instrument, shall in nowise vitiate the validity of the deed, or other instrument or the acknowledgement or probate thereof, but the same shall be good and valid to all intents and purposes, if the substance of the authentication required by law is in the certificate.
Code 1858, § 2080 (deriv. Acts 1845-1846, ch. 77); Shan., § 3757; mod. Code 1932, § 7669; T.C.A. (orig. ed.), § 64-2613; Acts 2005, ch. 303, § 5.
Notes of Decisions
Cited in 8
cases, 1983–2007 · leading case: In Re Akins, 87 S.W.3d 488 (Tenn. 2002).
In Re Akins, 87 S.W.3d 488 (Tenn. 2002). “Statutory Construction Tennessee Code Annotated section 66-26-113 and Tennessee Code Annotated section 66-22-114(b) currently address how to determine the validity of a certificate of acknowledgment that does not follow one of the aforementioned statutorily prescribed forms.”
McAllester v. Aldridge (In Re Anderson), 30 B.R. 995 (M.D. Tenn. 1983). “Tenn.Code Ann. § 66-26-113 (1982) provides as follows: “Omission of words from certifícate.”
In Re Bushee, 319 B.R. 542 (Bankr. E.D. Tenn. 2004). “Tenn. Code Ann. § 66-26-113 (2004). Together, these statutes proscribe that an acknowledgment that is otherwise defective is nevertheless valid as long as it complies in either “substance” or “intent.”
David Leonard Assocs., P.C. v. Airport-81 Nursing Care, Inc. (In Re Airport-81 Nursing Care, Inc.), 29 B.R. 501 (Bankr. E.D. Tenn. 1983). “§ 66-22-107(a) (1982), instead of Tenn.Code Ann. § 66-22-108 (Acknowledgment for record of corporate or partnership instrument) (Supp.”
In Re Crim, 81 S.W.3d 764 (Tenn. 2002). “Nevertheless, relying upon Tennessee Code Annotated § 66-26-113, which provides that "[t]he unintentional omission by the clerk or other officer of any words in a certificate of an acknowledgment .”
In Re: Ronald Lebron Akins, Sr. (Tenn. 2002). “Statutory Construction Tennessee Code Annotated section 66-26-113 and Tennessee Code Annotated section 66-22-114(b) currently address how to determine the validity of a certificate of acknowledgment that does not follow one of the aforementioned statutorily prescribed forms.”
Eva M. Lemeh, Tr. v. Emc Mortg. Corp., 81 S.W.3d 764 (Tenn. 2002). “Nevertheless, relying upon Tennessee Code Annotated § 66-26-113, which provides that “[t]he unintentional omission by the clerk or other officer of any words in a certificate of an acknowledgment .”
Mostoller v. Equity One, Inc. (In Re Hickman), 367 B.R. 620 (Bankr. E.D. Tenn. 2007). “Tenn.Code Ann. § 66-26-113 (Supp.2006). 5 .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.