Indiana Code 34-41-5-1. Deed or record thereof as prima facie evidence of facts recited therein
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Sec. 1. (a) This section applies to a deed that has been executed:
(2) by virtue of any:
(1) by an administrator, executor, guardian, sheriff, or commissioner of court; and
Terms Used In Indiana Code 34-41-5-1
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executor: A male person named in a will to carry out the decedent
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(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.
[Pre-1998 Recodification Citation: 34-3-11-1.]
As added by P.L.1-1998, SEC.37.