A deed of conveyance of real property, purporting to have been executed by a proper officer in pursuance of legal process of any of the courts of record of Guam, or in pursuance of any law authorizing such transfer of land, acknowledged and recorded in the Department of Land Management, or the record of such deed, or a certified copy of such record, is prima facie evidence that the property or interest therein described was thereby conveyed to the grantee named in such deed.

SOURCE: CCP § 1928 modified.

COMMENT: The former law applies only to deeds issued by some officer acting under an order of a court. The modification includes within this Section’s scope deeds issued by any government officer acting within the scope of his duty. The purpose of the modification is to make sure that old deeds executed by government officials have prima facie validity even if the supporting documents, such as approval of appropriate boards and commissions, are missing. This gives basic protection to the present owners of former government land and to third parties. Obviously, prima facie evidence can be disproved by appropriate counter-proof.

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ARTICLE 3
PRIVATE WRITINGS

COL120106
6 Guam Code Ann. EVIDENCE
DIV. 2 PRINCIPLES OF EVIDENCE
CH. 4 WRITINGS