47-98. Registration on defective probates beyond State.
In every case where it shall appear from the records in the office of the register of deeds of any county in this State that any instrument required or allowed by law to be registered, bearing date prior to the year 1835, executed by any person or persons residing in any of the United States, other than this State, or in any of the territories of the United States, or in the District of Columbia, has been proven or acknowledged, or the privy examination of any feme covert taken thereto, before any officer or person authorized by any of the laws of this State in force prior to the said year 1835 to take such proofs, privy examinations and acknowledgments, and the said instrument has been registered in the proper county without the certificate of the Governor of the state or territory in which such proofs, acknowledgments or privy examinations were taken, or of the Secretary of State of the United States, when such certificate or certificates were required, as to the official character of the person taking such acknowledgment, proof or privy examination, as aforesaid, and without an order of registration made by a court or judge in this State having jurisdiction to make such order, then and in all such cases such proofs, privy examinations, acknowledgments and registrations are hereby in all respects fully validated and confirmed and declared to be sufficient in law, and such instruments so registered may be read in evidence in any of the courts of this State. (1923, c. 215, ss. 2, 3; C.S., s. 3366(j).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 47 - Probate and Registration
Article 4 - Curative Statutes; Acknowledgments; Probates; Registration.
§ 47-47 - Defective order of registration; "same" for "this instrument".
§ 47-48 - Clerks' and registers of deeds' certificate failing to pass on all prior certificates.
§ 47-49 - Defective certification or adjudication of clerk, etc., admitting to registration.
§ 47-50 - Order of registration omitted.
§ 47-50.1 - Register's certificate omitted.
§ 47-51 - Official deeds omitting seals.
§ 47-52 - Defective acknowledgment on old deeds validated.
§ 47-53 - Probates omitting official seals, etc.
§ 47-53.1 - Acknowledgment omitting seal of clerk or notary public.
§ 47-54 - Registration by register's deputies or clerks.
§ 47-54.1 - Registration by register's assistants or deputies.
§ 47-55 - Before officer in wrong capacity or out of jurisdiction.
§ 47-56 - Before justices of peace, where clerk's certificate or order of registration defective.
§ 47-57 - Probates on proof of handwriting of maker refusing to acknowledge.
§ 47-58 - Before judges of Supreme Court or superior courts or clerks before 1889.
§ 47-59 - Before clerks of inferior courts.
§ 47-60 - Order of registration by judge, where clerk party.
§ 47-61 - Order of registration by interested clerk.
§ 47-62 - Probates before interested notaries.
§ 47-63 - Probates before officer of interested corporation.
§ 47-64 - Probates before officers, stockholders or directors of corporations.
§ 47-65 - Clerk's deeds, where clerk appointed himself to sell.
§ 47-66 - Certificate of wife's "previous" examination.
§ 47-67 - Probates of husband and wife in wrong order.
§ 47-68 - Probates of husband and wife before different officers.
§ 47-69 - Wife free trader; no examination or husband's assent.
§ 47-70 - By president and attested by treasurer under corporate seal.
§ 47-71 - By president and attested by witness before January, 1900.
§ 47-71.1 - Corporate seal omitted prior to January 1, 2000.
§ 47-72 - Corporate name not affixed, but signed otherwise prior to April 1, 2021.
§ 47-73 - Probated and registered on oath of subscribing witness.
§ 47-74 - Certificate alleging examination of grantor instead of witness.
§ 47-75 - Proof of corporate articles before officer authorized to probate.
§ 47-76 - Before officials of wrong state.
§ 47-77 - Before notaries and clerks in other states.
§ 47-78 - Acknowledgment by resident taken out-of-state.
§ 47-79 - Before deputy clerks of courts of other states.
§ 47-80 - Sister state probates without Governor's authentication.
§ 47-81 - Before commissioners of deeds.
§ 47-81.1 - Before commissioner of oaths.
§ 47-81.2 - Before United States Army, etc., officers, and other service members.
§ 47-82 - Foreign probates omitting seals.
§ 47-83 - Before consuls general.
§ 47-84 - Before vice-consuls and vice-consuls general.
§ 47-85 - Before masters in chancery.
§ 47-85.1 - Further as to acknowledgments, etc., before masters in chancery.
§ 47-87 - Validation of probates by different officers of deeds by wife and husband.
§ 47-88 - Registration without formal order validated.
§ 47-90 - Validation of acknowledgments taken by notaries public holding other office.
§ 47-91 - Validation of certain probates of deeds before consular agents of the United States.
§ 47-92 - Probates before stockholders and directors of banks.
§ 47-93 - Acknowledgments taken by stockholder, officer, or director of bank.
§ 47-95 - Acknowledgments taken by notaries interested as trustee or holding other office.
§ 47-96 - Validation of instruments registered without probate.
§ 47-97 - Validation of corporate deed with mistake as to officer's name.
§ 47-97.1 - Validation of corporate deeds containing error in acknowledgment or probate.
§ 47-98 - Registration on defective probates beyond State.
§ 47-99 - Certificates of clerks without seal.
§ 47-100 - Acknowledgments taken by officer who was grantor.
§ 47-101 - Seal of acknowledging officer omitted; deeds made presumptive evidence.
§ 47-102 - Absence of notarial seal.
§ 47-103 - Deeds probated and registered with notary's seal not affixed, validated.
§ 47-104 - Acknowledgments of notary holding another office.
§ 47-105 - Acknowledgment and private examination of married woman taken by officer who was grantor.
§ 47-106 - Certain instruments in which clerk of superior court was a party, validated.
§ 47-108 - Acknowledgments before notaries under age.
§ 47-108.1 - Certain corporate deeds, etc., declared validly admitted to record.
§ 47-108.2 - Acknowledgments and examinations before notaries holding some other office.
§ 47-108.3 - Validation of acts of certain notaries public prior to November 26, 1921.
§ 47-108.4 - Acknowledgments, etc., of instruments of married women made since February 7, 1945.
§ 47-108.5 - Validation of certain deeds executed in other states where seal omitted.
§ 47-108.6 - Validation of certain conveyances of foreign dissolved corporations.
§ 47-108.7 - Validation of acknowledgments, etc., by deputy clerks of superior court.
§ 47-108.9 - Validation of probate of instruments pursuant to § 47-12.
§ 47-108.10 - Validation of registration of plats upon probate in accordance with § 47-30.
§ 47-108.11 - Validation of recorded instruments where seals have been omitted.
§ 47-108.12 - Validation of instruments acknowledged before United States commissioners.
§ 47-108.13 - Validation of certain instruments registered prior to January 1, 1934.
§ 47-108.15 - Validation of registration of instruments filed before order of registration.
§ 47-108.16 - Validation of certain deeds executed by nonresident banks.
§ 47-108.17 - Validation of certain deeds where official capacity not designated.
§ 47-108.18 - Registration of certain instruments containing a notarial jurat validated.
§ 47-108.18A - Registration of certain instruments containing a notarial acknowledgment.
§ 47-108.18B - Registration of certain instruments containing a notarial jurat.
§ 47-108.19 - Validation of certain maps and plats that cannot be copied.
§ 47-108.20 - Validation of certain recorded instruments that were not acknowledged.
§ 47-108.21 - Sales for 1930 on dates other than first Monday in June validated.
§ 47-108.22 - Tax sales for 1931-32 on day other than law provides and certificates validated.
§ 47-108.23 - Tax sales for 1933-34 and certificates validated.
§ 47-108.24 - Notices of sale for taxes by publication validated.
§ 47-108.25 - Validation of sales and resales held pursuant to § 105-374.
§ 47-108.27 - Title to real property affected by boundary certification; liens.