Sec. 39.
A scroll or device used as a seal upon any deed of conveyance or other instrument whatever, whether intended to be recorded or not, shall have the same force and effect as a seal attached thereto, or impressed thereon, but this section shall not be construed to apply to such official seals as are or may be provided for by law.
History: R.S. 1846, Ch. 65 ;-- CL 1857, 2758 ;-- CL 1871, 4241 ;-- How. 5699 ;-- CL 1897, 9005 ;-- CL 1915, 11740 ;-- CL 1929, 13313 ;-- CL 1948, 565.39 Former Law: Act of Oct. 23, 1822, Terr. Laws, vol. 1, p. 272, contains similar provisions. The act of June 10, 1828, provided that “any instrument to which the person making the same shall affix any device by way of seal, shall be adjudged and held to be of the same force and obligations as if it were actually sealed.” And that “all instruments executed since the thirty-first day of December, 1827, to which the person or persons executing the same may have affixed any device by way of seal, shall be adjudged and held of the same force and obligation as if the same were actually sealed.” Laws of 1828, p. 29; Revision of 1833, p. 516; Terr. Laws, vol. 2, p. 667; Starkweather v. Martin, 28 Mich. 479. A similar provision has been in force ever since. R.S. 1838, p. 438, 439; Sec. 8, Act 108 of 1840. Until the R.S. of 1846 (p. 487, Sec. 49), there was no statutory provision dispensing with the necessity of a seal, or a substitute therefor, to a conveyance of lands.
Structure Michigan Compiled Laws
Chapter 565 - Conveyances of Real Property
R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49)
Section 565.1 - Conveyance of Land Made by Deed.
Section 565.3 - Quit Claim Deed; Estate Passed.
Section 565.4 - Conveyance of Greater Estate Than Possessed; Effect.
Section 565.5 - Covenants; Implication in Conveyance.
Section 565.6 - Covenants; Implication in Mortgage.
Section 565.7 - Conveyance of Land Adversely Possessed; Validity.
Section 565.9 - Execution of Deed in Another State; Governing Law, Acknowledgment.
Section 565.13 - Conveyance by Nonresident Married Person; Effect; Procedure.
Section 565.14 - Deed; Failure to Acknowledge; Proof by Witness of Execution.
Section 565.16 - Deed; Refusal to Acknowledge; Application to Circuit Court; Summons to Grantor.
Section 565.17 - Deed; Proof of Execution; Certificate of Court.
Section 565.18 - Deed; Refusal to Acknowledge; Proof of Execution by Proving Handwriting.
Section 565.19 - Subscribing Witnesses; Subpoenas for Attendance.
Section 565.21 - Unacknowledged Deed; Filing of Copy by Person Interested; Effect.
Section 565.22 - Unacknowledged Deed; Effect of Filing; Continuation.
Section 565.26 - Repealed. 2008, Act 358, Imd. Eff. Dec. 23, 2008.
Section 565.27 - Recorded Instruments; Contents.
Section 565.30 - Deeds of Church Pews and Slips; Recording.
Section 565.32 - Unrecorded Deed of Defeasance; Validity Against Person Without Notice.
Section 565.33 - Assignment of Mortgage; Effect of Recording.
Section 565.34 - Purchaser; Definition.
Section 565.35 - Conveyance; Definition.
Section 565.37 - Power of Attorney to Convey Lands; Recording of Revocation.
Section 565.38 - New County; Transcription of Instruments; Effect, Compensation of Register.
Section 565.39 - Device Used as Seal; Effect; Application to Official Seals.
Section 565.41 - Discharge of Mortgage; Payment of Filing Fee by Mortgagee; Date of Discharge.
Section 565.44 - Discharge of Mortgage; Refusal; Civil Liability; Penalty; Time Periods.
Section 565.47 - Recording by Register of Deeds; Acknowledgment Required.
Section 565.48 - Deed by Surviving Joint Tenant of Lands; Recording; Certified Copy of Death.