§ 16-119-106 — Papers evidencing title to real or personal property recorded anew

(a) In all cases in which any deed of conveyance, title bond, mortgage, deed, or other written muniment of title of or concerning any property, either real or personal, which by the laws of this state could be admitted to record, have been admitted of record in any county and the record thereof has been lost, destroyed, or burned, but the original of the instrument of conveyance, or copy duly certified according to law, is in the possession of the person entitled to the instrument of conveyance, the original or duly certified copy of the instrument of conveyance may be recorded anew in the office of the clerk and county recorder. The record shall relate back and have full force and effect from the date of the first record of the instrument of conveyance. (b) (1) In case no original or duly certified copy has been preserved, then any person or persons interested in the instrument of conveyance, or the person's or persons' heirs, executor or executors, administrator or administrators, or guardian or guardians, may file a petition in the office of the clerk of the circuit court of any such county, addressed to the circuit court thereof, setting forth the names and relations of the different parties to the instrument of conveyance, and the subject matter thereof, and praying that the instrument of conveyance may be ordered to be admitted of record in the office of the county recorder. (2) If the circuit court is sufficiently advised of the truth of the matters contained in the petition, it shall decree that the prayer of the petition be allowed and that a copy of the petition and decree be certified, under the seal of the circuit court, to the county recorder to be by him or her recorded. The record thereof shall relate back and have full force and effect from the date of the original record. (3) No such decree shall be made by the circuit court unless previous notice of the intended application has been given to the other party or parties to the instrument of conveyance, or to their heirs, executors, or administrators according to the terms required in § 16-119-104 .

Legislative History

Acts 1855, § 3, p. 113; 1857, §§ 1, 2, p. 81; C. & M. Dig., §§ 8342, 8345, 8346; Pope's Dig., §§ 10938, 10941, 10942; A.S.A. 1947, §§ 16-405, 16-411, 16-412; Acts 2003, No. 1185, § 247.