In all cases where a deed or deeds conveying real estate have been executed by any person or persons purporting to act as attorney or attorneys in fact, which deed or deeds have been registered, whether with or without proper probate or acknowledgment, or any probate or acknowledgment at all, twenty (20) years or more in the register's office of the county where the real estate is situated, or, if the land lay within the Indian territory at the time of the conveyance, if registered in the register's office of any county in the state, it shall be presumed, unless and until the contrary is shown, as it may be, that the conveyance was properly made by the attorney or attorneys in fact, and such deed or deeds, or certified copies from the register's books, shall be deemed valid to pass the legal title to real estate in the same manner as if the same had been executed by the principal or principals; provided, that nothing contained in this section shall affect the rights of creditors or purchasers for valuable consideration without notice.
Tenn. Code Ann. § 66-26-108
Presumption as to deeds by attorneys after twenty years' registration
Applied in 1 court decision — leading case Eva M. Lemeh, Trustee v. Emc Mortgage Corporation (2002)
Most recently applied in Eva M. Lemeh, Trustee v. Emc Mortgage Corporation (July 2002)
Acts 1859-1860, ch. 91, § 1; Shan., § 3764; mod
Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.