Indiana Statutes

§ 34-41-5-1 — Deed or record thereof as prima facie evidence of facts recited therein

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 41 EVIDENCE: REAL ESTATE RECORDS·Ch. 5 Records as Evidence of Conveyances After Destruction
(a)This section applies to a deed that has been executed:
(1)by an administrator, executor, guardian, sheriff, or commissioner of court; and
(2)by virtue of any:
(A)order, judgment, or decree of court;
(B)will; or
(C)sale made upon any execution issued on any judgment.
(b)If the record of an order, decree of court, will, execution, or judgment described in subsection (a) is destroyed by fire in the burning of a courthouse in Indiana, the deed or the record of the deed is prima facie evidence of:
(1)all the facts recited in the deed; and
(2)the regularity and sufficiency of all the proceedings, records, and papers in virtue of which the deed was executed. [Pre-1998 Recodification Citation: 34-3-11-1.]

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Related

Martin v. State
622 N.E.2d 185 (Indiana Supreme Court, 1993)
24 case citations
Taevon Spivey v. State of Indiana
(Indiana Court of Appeals, 2014)

Legislative History

As added by P.L.1-1998, SEC.37.

Nearby Sections

15
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