2014 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 41. EVIDENCE: REAL ESTATE RECORDS CHAPTER 4. PRESUMPTION OF VALIDITY OF RECORD AFTER DESTRUCTION OF DEED
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IC 34-41-4
Chapter 4. Presumption of Validity of Record After
Destruction of Deed
IC 34-41-4-1
Application of chapter
Sec. 1. This chapter applies when the record or any part of the
record of any action, proceeding, order, judgment, or decree of any
court in Indiana:
(1) in which title to real estate has been determined; or
(2) upon the authority of which any administrator's, executor's,
guardian's, commissioner's, trustee's, receiver's or other deed of
conveyance has been executed;
has been destroyed.
As added by P.L.1-1998, SEC.37.
IC 34-41-4-2
Presumption of validity
Sec. 2. When a record or part of a record described in section 1 of
this chapter is destroyed, it shall be presumed that:
(1) the court proceedings by which the title to the real estate was
established or the deed was executed and the record of which
has been destroyed were in all things regular and legal; and
(2) the court making the record and rendering the judgment or
decree had jurisdiction of:
(A) the subject matter; and
(B) all the persons whose title the judgment, decree, or deed
of conveyance assumes to determine or convey.
As added by P.L.1-1998, SEC.37.
IC 34-41-4-3
Burden of proof
Sec. 3. In an action attacking the validity of:
(1) the title of or conveyance of real estate; or
(2) any such record, judgment, or decree;
the record of which has been destroyed, the burden of proof is upon
the person attacking the validity.
As added by P.L.1-1998, SEC.37.
IC 34-41-4-4
Limitation of actions attacking validity
Sec. 4. An action attacking the validity of:
(1) an order, decree, or judgment described in section 1 of this
chapter; or
(2) the title established by or resulting from an order, decree, or
judgment described in section 1 of this chapter;
must be brought not later than one (1) year after the date of the
destruction of the record.
As added by P.L.1-1998, SEC.37.
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