LegalFix

§ 16-66-421. Instrument of conveyance

AR Code § 16-66-421 (2018) (N/A)
Copy with citation
Copy as parenthetical citation

(a) The officer who shall sell any real estate or lease of lands for more than three (3) years shall make the purchaser a deed, to be paid for by the purchaser, reciting the names of the parties to the execution, the date when issued, the date of the judgment, order, or decree, and other particulars as recited in the execution and a description of the time, place, and manner of sale. This recital shall be received in evidence of the facts therein stated.

(b)

(1) Every officer executing any deed for land, tenements, and hereditaments sold under execution shall acknowledge the deed before the circuit court of the county in which the estate is situated. If the officer dies, leaves the state, resigns, or is removed from office before making the acknowledgment, the deed may be proved before the court as other deeds.

(2) The clerk of the court shall endorse upon the deed a certificate of the acknowledgment or proof, under the seal of the court, and shall make an entry in the minutes of the court of the acknowledgment, with the names of the parties to the suit and a description of the property conveyed by the deed.

(c) Every deed, so executed, acknowledged, or proved shall be recorded as other conveyances of land. Thereafter the deed or a copy thereof or of the record certified by the recorder shall be received in any court in this state without further proof of the execution thereof.

(d) If any officer executes a deed for land, tenements, or hereditaments sold under execution or by virtue of the order, sentence, or decree of any court and the deed is not acknowledged in open court, as provided by law, the deed or deeds of conveyance may be acknowledged or proven before any officer authorized by the laws of this state to take the acknowledgment or proof of deeds of conveyance and recorded as other deeds. The acknowledgment and recordation of the deed shall be as valid as if the deed were acknowledged in open court.

(e) When any officer dies, is removed from office, or is disqualified, after the sale of any property and before executing a conveyance therefor, the purchaser may petition the court out of which the execution issued, stating the facts. If he or she satisfies the court that the purchase money has been paid, the court shall order the sheriff then in office to execute and acknowledge a deed to the purchaser, reciting the facts. The deed shall be executed accordingly and shall have the same effect to all intents and purposes as if made by the officer so deceased, removed from office, or disqualified.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 16-66-421. Instrument of conveyance