Chapter 5 - Conveyances Validated - Wyoming Statutes

CHAPTER 5 - CONVEYANCES VALIDATED

 

34-5-101. When executed out of state; exceptions.

 

Alldeeds and conveyances of real estate given and recorded in the state of Wyomingprior to January 1, 1925, the execution of which shall have been acknowledgedbefore a notary public out of this state, where the certificate of officialcharacter attached to such deeds or other conveyance fails to state that suchdeed or conveyance was executed and acknowledged according to the laws of thestate or territory in which the same was executed, shall be deemed as valid andbinding as if such certificate had contained the statement aforesaid, and shallbe so construed by the courts, and the record thereof shall have the same forceand effect as if such certificate had contained said statement; provided, thatsuch record shall in no wise affect the right or title of any person acquiredin good faith and for a valuable consideration before the said January 1, 1925;and provided, further, that this section shall not be construed to affect anyjudgment or decree rendered by any court of the state before that time.

 

34-5-102. Instruments not witnessed; exceptions.

 

Alldeeds, mortgages or other instruments executed five (5) years prior to January1, 1935, not witnessed, and admitted to record, which, under the laws of thestate of Wyoming should have been executed in the presence of one (1) witness,shall be deemed as valid and binding as if the same had been executed in thepresence of a witness, and shall be so construed by the courts of this state,and the records thereof shall have the same force and effect as if such deeds,mortgages, and other instruments had been executed in the presence of awitness; provided, that such record shall in no wise affect the right or titleof any person acquired in good faith and for a valuable consideration five (5)years before the said 1st day of January, 1935; and provided, further, thatthis section shall not be construed to affect any judgment or decree renderedby any court of the state of Wyoming before that time.

 

34-5-103. Certificate of acknowledgment; failure to stateacknowledgment was according to law; liability of county clerk.

 

All deeds, mortgages, powers of attorneyand other instruments executed and acknowledged in any other state, territoryor district of the United States five (5) years prior to January 1, 1935,affecting property or property rights in this state, but where the persontaking the acknowledgment has omitted to state in his certificate ofacknowledgment that such deed, mortgage, power of attorney or other instrumentwas executed and acknowledged according to the law of such state, territory ordistrict, and when the laws of this state in relation to such certificate have inall other respects been complied with, shall be deemed valid and shall be soconstrued by the courts of this state, and such instruments shall be entitledto record and the record thereof shall have the same force and effect as ifsuch deeds, mortgages, powers of attorney or other instruments had beenacknowledged in the manner provided by the laws of this state, and in case anycounty clerk shall have received for record such defective instruments, heshall not be liable in an action for damages for having received for record andrecorded any such deed, mortgage, power of attorney or other instrument.

 

34-5-104. Certificate of acknowledgment; incomplete.

 

Anyconveyance of real estate made ten (10) years or more prior to January 1st,A.D. 1935, purporting to be acknowledged before any justice of the peace,within or without the state of Wyoming, where such justice of the peace did notstate in his certificate of acknowledgment the date of expiration of hisoffice, or where no certificate, or a defective certificate is attached to suchdeed by the county clerk or clerk of court of the county of such justice of thepeace as is required by law in case such acknowledgment is taken before ajustice of the peace outside of the state of Wyoming; and any conveyance ofreal estate made ten (10) years or more prior to January 1st, A.D. 1935,purporting to be acknowledged before any notary public, where such notarypublic did not attach his seal to such certificate of acknowledgment, or didnot state therein the expiration of the time of his commission; and anyconveyance of real estate made ten (10) years or more prior to the 1st day ofJanuary, A.D. 1935, where such conveyance does not purport to be properlywitnessed; and any conveyance of real estate made ten (10) years or more, priorto the first day of January, A.D. 1935, purporting to be executed by anycorporation, where there is any defect or irregularity in the execution oracknowledgment thereof, shall, if the same has been heretofore recorded ten(10) years or more prior to January 1st, 1935, in the office of the countyclerk of the county where the real estate therein conveyed is situate, bedeemed as valid and as effective and binding as though the defects andirregularities therein, herein mentioned, did not exist and as though in theserespects the same had been executed in full accordance with the laws of thisstate, and the record, or the certified copy thereof, shall be admitted inevidence in all actions or proceedings with the same force and effect as thoughthe defects and irregularities therein, herein mentioned, did not exist, and asthough in these respects the same had been executed in full accordance with thelaws of this state.

 

34-5-105. Defects in mortgage releases and assignments; time limitsfor civil action.

 

Anyand all mortgage releases and assignments of mortgages which have beenheretofore recorded in the office of the county clerk of the county wherein thereal estate therein is affected is situate, and have been of record five (5) yearsor more prior to January 1, 1935, purporting to cancel and discharge or assignany mortgage, and purporting to be executed by any mortgagee his agent orattorney, or by any assignee of said mortgage, or purporting to be executed byany person acting for a corporation which is either mortgagee or assignee ofsaid mortgage, shall be deemed to be valid, and the lien of such mortgage,shall be deemed to be canceled in case of release, and the mortgage deemed dulyassigned, in case of assignment, notwithstanding any defects in the executionof such release or assignment. Provided, however, that the holder of anymortgage or the assignee thereof, which said mortgage is defectively released,or assigned as hereinbefore specified, and which has remained unchallenged, bythe proper action in court, or other legal and proper proceeding, on therecords aforesaid for the period of five (5) years or more as aforesaid, shallhave until the first day of January, 1936, in which to commence an action in acourt of competent jurisdiction in this state, for the assertion andenforcement of his rights, or to set aside such release or assignment, and ifnot so commenced as herein mentioned, then such release or assignment shall bedeemed valid against such persons and all rights as against the same shall bebarred.

 

34-5-106. When executed by executor; generally.

 

Inall cases where a conveyance of real estate situate in this state has been madeby an executor, administrator or administrator de bonis non, of any deceasedperson, whether appointed and acting in this or any other state, and the factof the sale or the conveyance of such real estate has been reported to thecourt in which such executor, administrator or administrator de bonis non wasappointed and acting, and the proceeds of such sale or conveyance, or any partthereof have been distributed, it shall be prima facie evidence that the personor persons so receiving said proceeds or any part thereof, either directly orthrough any agent or assignee, consented to such sale and conveyance, andintended thereby and did thereby, vest in the purchaser under such sale, andthe grantee in such conveyance all the right, title and interest which saidperson or persons, so receiving said proceeds or any part thereof, had in andto the premises so sold and conveyed at the time of such receipt, and did by soreceiving such proceeds or any part thereof, intend to be estopped fromclaiming any further right, title or interest in and to such real estate.

 

34-5-107. When executed by executor; deceased entryman.

 

Anyconveyance of land situate within this state, for which no final proof had beenmade by a deceased entryman or for which no patent had been issued to suchdeceased entryman under the land laws of the United States during the life ofsuch entryman, which said conveyance has heretofore been made by an executor,administrator or administrator de bonis non of such deceased, appointed andacting by the authority of an order of court of this or any other state, andany conveyance of any land situate in this state heretofore made by any suchexecutor, administrator or administrator de bonis non of a deceased person,whether made under the provisions of any will, foreign or domestic, or anyorder of court, foreign or domestic, shall be valid and binding, inter alia,upon any heir or devisee and upon any successor in interest of such heir ordevisee by whatever manner, in the following cases: First, when such conveyancehas with knowledge or means of knowledge of such conveyance, been treated asvalid by any such heir or devisee, and the successor in interest thereof, or bysuch successor in interest, for the period of five (5) years after suchconveyance has been ordered or approved by any such court or judge thereof;secondly, when such conveyance has not been sought to be set aside in any courtof competent jurisdiction within five (5) years from and after the filing ofsuch conveyance in the office of the county clerk of the county wherein suchland is situate.

 

34-5-108. Foreign administrator.

 

Anyconveyance of real estate heretofore, ten (10) years or more prior to January1st, A.D. 1935, recorded in the county where such real estate is situate,executed by any foreign administrator, executor or administrator de bonis non,appointed and acting under an order of any court of any state of competentjurisdiction over estates of decedents in such state, when such order was madeby the court wherein such executor, administrator or administrator de bonis nonwas appointed or the judge thereof, and when such conveyance was made inconformity to the laws of the state in which such administrator or executor wasappointed, and any conveyance heretofore, ten (10) years or more prior toJanuary 1st, A.D. 1935, recorded in the county where such real estate issituate, executed by any such executor, administrator or administrator de bonisnon, under the provisions of any will duly probated in any court of competentjurisdiction wherever situate, when such conveyance was made in conformity to thelaw of the state in which such administrator or executor or administrator debonis non was appointed, shall be as valid and binding upon the heir anddevisees of the decedent and their successors in interest, as though suchconveyance were made in conformity with the laws of this state; provided, suchconveyances herein mentioned were made in accordance with due process of law insuch state.

 

34-5-109. Copies of proceedings in foreign courts.

 

Dulycertified copies, according to law, of the proceedings in foreign courts,mentioned and referred to in W.S. 34-5-107, 34-5-108 and 34-5-110, whenrecorded in the office of the county clerk of the county where the landinvolved is situate, such records, or the certified copies thereof, shall becompetent and prima facie evidence of the truth of the contents thereof, andthe regularity of the proceedings therein set forth.

 

34-5-110. Adverse claims; when adverse claimant barred againstpurchaser.

 

Anyclaimant having acquired any vested right in and to the said real estateconveyed as aforesaid in the two (2) preceding sections, adverse to thepurchaser under the conveyances executed as aforesaid in the two (2) precedingsections, which said adverse claim was acquired five (5) years prior to January1, 1935, shall have until the first day of January, 1936, in which to commencean action in a court of competent jurisdiction within this state, to assert andenforce such adverse right, and such vested right shall during the periodherein allowed for the commencement of such action, not be affected by theprovisions of the two (2) preceding sections, but from and after the time soallowed for the commencement of such action, unless such action has beenbrought as herein mentioned, all rights of such adverse claimant in and to suchreal estate shall be forever barred.

 

34-5-111. Adverse claims; action by heir against purchaser.

 

Inany action contemplated in the preceding section, commenced and brought by anheir or devisee of such deceased person in this action contemplated, or thesuccessor in interest of such heir or devisee, if it shall appear that suchheir or devisee had knowledge, either by personal notice, or constructivelyunder the laws of the state where the estate of such deceased person wasadministered, of the fact of the sale or the conveyance of such real estatementioned in the two (2) preceding sections, or where such person appeared inthe proceedings in court relating thereto, it shall be prima facie evidenceagainst such devisee and heir, and against any successor in interest of suchheir or devisee without adequate consideration, that such heir and deviseeconsented to such sale and conveyance, and intended thereby, and did thereby,vest in the purchaser under such conveyance, or sale, all the right, title andinterest which such devisee and heir had in and to such real estate so sold orconveyed at the time of such sale or conveyance, and meant to be estoppedthereby to claim any future title or interest therein, and if such action isbrought by the successor in interest of such heir or devisee, it shall bepresumed in the first instance, that such successor in interest is such withoutadequate consideration, and provided further, that in all such actions, allsuch conveyances shall be prima facie of the effect as vesting the complete andclear title of the property conveyed in such conveyance in the grantee therein.

 

34-5-112. Effect of preceding sections on pending litigation;enforcement of rights of minor heir in conveyed property.

 

Theprovisions of W.S. 34-5-104 through 34-5-108, 34-5-110, 34-5-111, inclusive,shall not affect any pending litigation. And any right which any minor heir mayhave in and to any property conveyed, transferred or released as in saidsections mentioned, may be asserted by bringing an action in any court ofcompetent jurisdiction within one (1) year after such minor heir becomes anadult.

 

34-5-113. Where release of homestead or marital status of grantor notindicated.

 

All conveyances by which any estate orinterest in real estate is created, alienated, mortgaged or assigned, or bywhich the title to any real estate may be affected in law or in equity whereinthere is no release or waiver of homestead or the marital status of the grantoris not set forth, and which have been or hereafter may be recorded for a periodof ten (10) years in the office of the county clerk of the county wherein suchreal estate is situated, it shall be conclusively presumed that said realestate was not used, occupied or claimed by the grantor, or the spouse of thegrantor as a homestead at the time of said conveyance.

 

34-5-114. Gifts to religious and educational uses; generally.

 

Nogift, devise, bequest, transfer, grant or conveyance of real or personalproperty to religious, educational, charitable or benevolent uses, which shallin other respects be valid under the laws of this state shall be deemed invalidby reason of the indefiniteness or uncertainty of the persons designated as thebeneficiaries thereunder in the instrument creating or constituting the same.

 

34-5-115. Gifts to religious and educational uses; existence of priortrust agreements in will.

 

Nosuch gift, bequest or devise contained in any will executed in accordance withthe requirements of law shall be deemed invalid by reason of the incorporationby reference in the will of any written or printed resolution, declaration ortrust agreement, identified as existing prior to the execution of such will,and adopted or made by any corporation or corporations authorized by law toaccept and execute trusts, creating a trust to assist, encourage and promotethe well being or well doing of mankind, or of the inhabitants of anycommunity, provided that a copy of such resolution, declaration or deed oftrust, certified by the secretary or assistant secretary, or other officer orofficers, of such corporation or corporations under its or their corporate sealor seals, shall have been filed for record in the office of the secretary ofstate of the state of Wyoming, the secretary of state being hereby authorizedand directed to receive and record such resolution, declaration or deed oftrust, upon payment of the fees provided by law.

 

34-5-116. Gifts to religious and educational uses; validnotwithstanding terms are included only by reference.

 

 

(a) Any gift, devise or bequest so made to any such corporationin trust for the uses and purposes contained in such resolution, declaration,or deed of trust, shall be valid and effectual, notwithstanding:

 

(i) That the terms, conditions, uses and purposes of such gift,devise or bequest, are included only by such reference in the will; and, or

 

(ii) That such resolution, declaration, or deed of trust, hasbeen or may be, amended in accordance with the provisions thereof.

 

34-5-117. Gifts to religious and educational uses; application of W.S.34-5-114 through 34-5-117.

 

Allthe terms and provisions of this act shall be deemed applicable to all gifts,devises, bequests, transfers, grants or conveyances of real or personalproperty heretofore made, as well as to those hereafter made, and to all suchresolutions, declarations, or deeds of trust as are hereinabove referred towhich have been heretofore filed for record as hereinabove provided, as well asthose which shall be hereafter so filed for record.