§ 301. Conveyance and record as evidence. 1. The certificate of the acknowledgment or of the proof of a conveyance, or the record, or the transcript of the record, of such a conveyance, is not conclusive, and it may be rebutted, and the effect thereof may be contested, by a party affected thereby.

Terms Used In N.Y. Real Property Actions and Proceedings Law 301

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Oath: A promise to tell the truth.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

2. If it appears that the acknowledgment or proof was taken upon the oath of an interested or incompetent witness, the conveyance, or the record or transcript of the record thereof, shall not be received in evidence until its execution is established by other competent proof, except in a case where the title to the land conveyed or affected by such conveyance or instrument has passed to a subsequent purchaser for a valuable consideration.