An acknowledgment of an instrument of writing shall not be necessary to its execution unless expressly so provided by statute.

History: Laws 1901, ch. 62, § 17; Code 1915, § 1; C.S. 1929, § 1-101; 1941 Comp., § 46-112; 1953 Comp., § 43-1-13.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For provision that acknowledgment is necessary for recording of instruments, see 14-8-4 NMSA 1978.

For oil and gas leases on state lands to be acknowledged, see 19-10-32 NMSA 1978.

For voluntary assignments for benefit of creditors to be acknowledged, see 56-9-10 NMSA 1978.

For articles of incorporation of waterworks companies to be acknowledged, see 62-2-1 NMSA 1978.

For articles of incorporation of rural electric cooperatives to be acknowledged, see 62-15-6 NMSA 1978.

For bill of sale of animals to be acknowledged, see 77-9-21 to 77-9-24 NMSA 1978.

For provisions relating to herd law districts, see 77-12-3 NMSA 1978.

Acknowledgment not part of instrument. — Although an acknowledgment is required before an instrument may be filed, in the absence of a statute so providing, an acknowledgment is not a part of an instrument, and is not necessary to its validity. Garrett Bldg. Ctrs., Inc. v. Hale, 1981-NMSC-009, 95 N.M. 450, 623 P.2d 570.

Deeds are required to be acknowledged for recordation and to protect the grantee against subsequent purchasers in good faith and without notice. New Mexico Properties, Inc. v. Lennox Indus., Inc., 1980-NMSC-087, 95 N.M. 64, 618 P.2d 1228.

Deeds are not required to be acknowledged, except for recordation, and for the protection of the grantee against subsequent purchasers in good faith and without notice. Garcia v. Leal, 1924-NMSC-078, 30 N.M. 249, 231 P. 631.

Acknowledgment is not essential to validity of deed of conveyance as between its parties. Kitchen v. Canavan, 1932-NMSC-037, 36 N.M. 273, 13 P.2d 877.

Absence of valid acknowledgment does not render instrument void. Vorenberg v. Bosserman, 1913-NMSC-005, 17 N.M. 433, 130 P. 438.

Absence of acknowledgment does not affect conveyance between parties. — Absence of an acknowledgment to a deed or instrument of conveyance does not affect its validity or render it void as between parties. New Mexico Properties, Inc. v. Lennox Indus., Inc., 1980-NMSC-087, 95 N.M. 64, 618 P.2d 1228.

Valid materialmen's lien does not affect conveyance between parties. — A valid materialmen's lien which lacked an acknowledgment, but had been filed and recorded, was valid and binding as between the parties to an action on the lien. Garrett Bldg. Ctrs., Inc. v. Hale, 1981-NMSC-009, 95 N.M. 450, 623 P.2d 570.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 1A C.J.S. Acknowledgments § 7.