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

Indiana Statutes

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

Indiana § 34-41-5-1

Title 34CIVIL LAW AND PROCEDURE

Art. 41EVIDENCE: REAL ESTATE RECORDS

Ch. 5Records as Evidence of Conveyances After Destruction

This text of Indiana § 34-41-5-1 (Deed or record thereof as prima facie evidence of facts recited therein) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 34-41-5-1 (2026).

Text

(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.]

Free access — add to your briefcase to read the full text and ask questions with AI

(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.]