2014 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 41. EVIDENCE: REAL ESTATE RECORDS CHAPTER 5. RECORDS AS EVIDENCE OF CONVEYANCES AFTER DESTRUCTION OF ORIGINAL BY FIRE
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IC 34-41-5
Chapter 5. Records as Evidence of Conveyances After
Destruction of Original by Fire
IC 34-41-5-1
Deed or record thereof as prima facie evidence of facts recited
therein
Sec. 1. (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.
As added by P.L.1-1998, SEC.37.
IC 34-41-5-2
Certified transcript of partition judgment; evidentiary value
Sec. 2. Whenever:
(1) any partition of real estate in any Indiana county has been
made by judgment of any court in Indiana; and
(2) the records of the court in which the proceedings for
partition were held have been destroyed by fire;
a certified transcript of the judgment of partition and any record of
the judgment in the recorder's office of the county in which the real
estate is situated is admissible in evidence, without the residue of the
record of the proceedings. The certified transcript and any record of
the judgment are prima facie evidence of the sufficiency and
regularity of all the proceedings, records, and papers in the case in
which the judgment was rendered.
As added by P.L.1-1998, SEC.37.
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