§ 24-72-106 — Abstract books - use - presumptions

In all cases in which any
abstract books, copies, minutes, and extracts, purchased and placed in the county
clerk and recorder's office, are admissible and shall be received in evidence under
the provisions of this part 1, all deeds or other instruments in writing appearing
thereby to have been executed by any person or in which they appear to have
joined, except as against any person in the actual adverse possession of the land
described therein at the time of the destruction of the records of said county,
claiming title thereto otherwise than under a sale for taxes or special assessments
shall be presumed to have been executed and acknowledged according to law, and
all sales under powers, judgments, decrees, or legal proceedings, sales for taxes
and assessments excepted, shall be presumed to be regular and correct, except as
against said person in actual adverse possession, and unless the abstracts, books,
copies, minutes, and extracts show affirmatively some defect or irregularity.
Otherwise, any person alleging any defect or irregularity in such conveyance,
acknowledgment, or sale shall be held bound to prove the same.

Legislative History

Source: L. 1889: p. 306, � 6. R.S. 08: � 5274. C.L. � 5031. CSA: C. 135, � 6. CRS 53: � 113-1-6. C.R.S. 1963: � 113-1-6.