NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 106

HOUSE BILL 261

 

 

AN ACT REQUIRING THAT ALL DEEDS, DEEDS OF TRUST, MORTGAGES, MAPS OR PLATS OF REAL ESTATE ACCEPTED FOR PROBATE AND REGISTRATION IN SWAIN COUNTY SHALL SHOW THERON THE NAME OF THE DRAFTSMAN AND THE SOURCE OF THE TITLE.

 

The General Assembly of North Carolina do enact:

 

Section 1. The Clerk of Superior Court of Swain County shall not accept for probate or recordation any deed, deed of trust or mortgage conveying any real estate, or map or plate executed after July 1, 1963, unless there shall appear on such deed, deed of trust, mortgage or map or plat the name of the person or firm drafting such instrument, or unless in some similar manner the draftsman shall be designated thereon following the words "drawn by" on such instrument or cover thereof or in any manner so that the draftsman may be designated, and unless the said instrument shall also contain the book and page reference indicating the instrument by which the grantor acquired title: Provided that such instruments prepared in other counties of North Carolina or in other states or countries for probate or recordation in Swain County, or such instruments prepared by any party thereto may be accepted for probate or recordation without the name of the draftsman appearing thereon, and without the book and page record of the instrument by which the grantor acquired title; and any such instrument may be probated and recorded without the name of the draftsman appearing, or the record source of title being shown when it shall be established to the satisfaction of the Clerk of Superior Court that, after due diligence, the draftsman cannot be determined or is deceased.

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 28th day of March, 1963.