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This entry was published on 2014-09-22
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Proof of lost execution or writ after sheriff's sale of real property
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 3
§ 331. Proof of lost execution or writ after sheriff's sale of real
property. Whenever, upon the trial of an action, it shall appear that
at least ten years theretofore real property has been sold by a sheriff
for enforcement of the valid lien thereon of a duly docketed judgment,
and that a certificate of the sale has been duly made by the sheriff and
filed, and that a conveyance in completion of the purchase has been
executed and recorded, but that the execution or writ by virtue of which
the sale has so been made cannot be found in the office of the clerk
with whom the same should have been filed, then and in such case the
recital of or reference to such execution or writ contained in the said
certificate, or in the said conveyance, or in the record thereof, shall
be prima facie evidence of the said execution or writ and of the
issuance of the same as against any party whose claim of title is not
shown to have been accompanied or supported by peaceable possession of
the premises in controversy for at least three years immediately
preceding the commencement of the action.