§ 331 — Proof of lost execution or writ after sheriff's sale of real property

New York § 331

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 3: Provisions Relating to Evidence

Text

§ 331. Proof of lost execution or writ after sheriff's sale of real\nproperty. Whenever, upon the trial of an action, it shall appear that\nat least ten years theretofore real property has been sold by a sheriff\nfor enforcement of the valid lien thereon of a duly docketed judgment,\nand that a certificate of the sale has been duly made by the sheriff and\nfiled, and that a conveyance in completion of the purchase has been\nexecuted and recorded, but that the execution or writ by virtue of which\nthe sale has so been made cannot be found in the office of the clerk\nwith whom the same should have been filed, then and in such case the\nrecital of or reference to such execution or writ contained in the said\ncertificate, or in the said conveyance, or in the record thereof, shall\nbe prima facie evidence of the said execution or writ and of the\nissuance of the same as against any party whose claim of title is not\nshown to have been accompanied or supported by peaceable possession of\nthe premises in controversy for at least three years immediately\npreceding the commencement of the action.\n