Indiana § 34-41-4-2 Presumption of validity

Indiana Statutes

§ 34-41-4-2 — Presumption of validity

Indiana § 34-41-4-2

Title 34CIVIL LAW AND PROCEDURE

Art. 41EVIDENCE: REAL ESTATE RECORDS

Ch. 4Presumption of Validity of Record After Destruction of

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Bluebook

Ind. Code § 34-41-4-2 (2026).

Text

When a record or part of a record described in section 1 of this chapter is destroyed, it shall be presumed that:

(1)the court proceedings by which the title to the real estate was established or the deed was executed and the record of which has been destroyed were in all things regular and legal; and

(2)the court making the record and rendering the judgment or decree had jurisdiction of:

(A)the subject matter; and

(B)all the persons whose title the judgment, decree, or deed of conveyance assumes to determine or convey. [Pre-1998 Recodification Citation: 34-3-9-1 part.]

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When a record or part of a record described in
section 1 of this chapter is destroyed, it shall be presumed that:
(1) the court proceedings by which the title to the real estate was
established or the deed was executed and the record of which has
been destroyed were in all things regular and legal; and
(2) the court making the record and rendering the judgment or
decree had jurisdiction of:
(A) the subject matter; and
(B) all the persons whose title the judgment, decree, or deed of
conveyance assumes to determine or convey.
[Pre-1998 Recodification Citation: 34-3-9-1 part.]