Section 44-2-17. Validity of attestation by a state or county officer who appears to have no jurisdiction to attest the instrument

   (a) As used in this Code section, the term "state" means any one of the states of the United States and any territories and possessions of the United States, including the District of Columbia, Puerto Rico, and the Virgin Islands.

(b) Wherever a deed, mortgage, bond for title, or other recordable instrument appears by its caption to have been executed in one state or county and the official attesting witness appears to be an officer of a different state or of another county, which official would not have jurisdiction to witness instruments in the state or county named in the caption, the instrument, notwithstanding its caption, shall be conclusively considered and construed to have been attested by the officer in the state or county in which he has authority to act. Such deed, mortgage, bond for title, or other recordable instrument so witnessed shall be entitled to be recorded if in other respects it is so entitled.

Ga. L. 1918, p. 209, § 1; Ga. L. 1923, p. 111, § 1; Code 1933, § 29-407; Ga. L. 1951, p. 29, § 1; Ga. L. 1976, p. 521, § 1.