§ 67-22 — Abstractor may petition.

Any owner of said abstracts, copies or minutes shall have the right to file a petition at any regular term of the county or district court of the county, in which petition he shall set forth the manner in which such abstracts, copies or minutes were made or procured, and if the court shall find from the evidence produced (which evidence shall be preserved as hereinbefore provided) that said abstracts, copies, or minutes were fairly made in the regular course of business before such destruction of the records, the court shall enter his decree to that effect, and the evidence produced on the trial of said cause shall be entered of record at large as a part of the decree of the court. And thereupon said abstracts, copies or minutes of said burnt records shall be taken as prima facie evidence of all such matters as they contain (but no such abstract, copies, minutes or extracts shall be taken or held to be prima facie evidence of what they contain that does not purport to recite all deeds and mortgages previously executed and recorded, and describing the several tracts of land and town lots to which said abstracts, copies, minutes or extracts refer from the date of entry): Provided, that all abstracts to separate tracts of lands made by the owner of said abstracts shall also be taken as prima facie evidence of what they contain when they shall be accompanied with an affidavit signed and sworn to by the owner of said abstracts, copies, minutes or extracts, showing that said separate abstracts contain a full, true and perfect copy of all transfers on the tracts set forth in said separate abstracts as appears upon said abstracts, copies, minutes or extracts, as established by the county or district court of the county, and that said separate abstracts contain all deeds, mortgages and other liens on said separate tracts, as shown by said abstracts, copies, minutes or extracts established as aforesaid.

Legislative History

R.L. 1910, § 7281.