All acknowledgments taken outside the state of New Mexico prior to the passage and approval of this act [this section], before any officer authorized by the laws of this state to take such acknowledgments, under the seal of such officer, and all acknowledgments taken within this state before the passage and approval of this act, before any officer authorized by law to take acknowledgments, notwithstanding any defect in the form of a certificate of acknowledgment or the failure to show the date of the expiration of the commission of the officer before whom such acknowledgment was taken or the failure to show that the seal of said officer was affixed to the instrument acknowledged and/or notwithstanding the failure of such acknowledgment to comply with the provisions of Section 14-13-10 NMSA 1978, if the marital status of any married woman uniting with her husband in the execution of any instrument may otherwise appear from the body of the instrument so acknowledged, and the record thereof in the office of the county clerk, are hereby confirmed and made valid to the extent as though said certificate of acknowledgment and the record thereof had been in the form prescribed by law.

History: 1941 Comp., § 46-114, enacted by Laws 1951, ch. 14, § 1; 1953 Comp., § 43-1-14.

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

Prior validating acts. — Laws 1873-1874, ch. 14, § 3; C.L. 1884, § 2773; C.L. 1897, § 3969; Code 1915, § 2; C.S. 1929, § 1-102.

Laws 1882, ch. 27, § 1; C.L. 1884, § 2741; C.L. 1897, § 3931; Code 1915, § 3; C.S. 1929, § 1-103.

Laws 1913, ch. 13, § 1; Code 1915, § 4; C.S. 1929, § 1-104.

Laws 1921, ch. 164, §§ 1, 2; C.S. 1929, §§ 1-105, 1-106.

Laws 1929, ch. 59, § 1; C.S. 1929, § 1-107.

Laws 1933, ch. 17, § 1.

Laws 1939, ch. 41, § 1; 1941 Comp., § 46-113.

Laws 1947, ch. 195, § 1.

Generally. — The act of 1874 curing defective acknowledgment did not supply the want nor obviate the necessity of an acknowledgment as between the parties thereto. Armijo v. New Mexico Town Co., 1885-NMSC-026, 3 N.M. (Gild.) 427, 5 P. 709.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Acknowledgments § 78.

1A C.J.S. Acknowledgments §§ 83, 84.