§ 5-15-2-8 — Title to real estate; quieting title by complaint

Indiana § 5-15-2-8

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 15: PRESERVATION OF PUBLIC RECORDS
• Ch. 2: Reinstatement of Destroyed Records

Text

Whenever any record of any court of this state,
or any pleading or paper of the files of such court, any probated will or
will filed for probate, or any execution or decretal order or other writ
issued out of such court, or by the clerk thereof, has been lost or
destroyed, in whole or in part, and such lost or destroyed record, paper,
will, order or writ in any way forms a part of the evidence of any title
to or interest in any real estate, either legal or equitable, any person
holding such title to or interest in such real estate may, by complaint in
the proper court of the county in which such real estate is situated, have
his title to or interest in such real estate declared quieted and set at rest.
All persons having or claiming any interest in such real estate shall be
made defendants to such complaint and shall be served with notice as
provided in section 3 of this chapter. The complaint shall specify the
plaintiff's title to or interest in the real estate and shall state with
reasonable certainty the record, paper, order, will or writ lost or
destroyed and how the same constitutes a part of the evidence of his
title to or interest in such real estate. Upon the trial of such cause, oral
testimony shall be admitted of the loss or destruction, and the contents
of such records, papers, wills, orders, or writs so lost or destroyed; and
such rule of evidence shall be applicable to every part of such records,
papers, orders, wills, or writs, the issuing of such writs, and other
process of such courts, and the returns thereon, notices by publication
and the proof thereof.
Formerly: Acts 1881, c.30, s.8. As amended by P.L.25-1986,
SEC.86.