State Codes and Statutes

Statutes > North-carolina > Chapter_98 > GS_98-16

§98‑16.  Destroyed court records proved prima facie by recitals inconveyances executed before their destruction.

The recitals, reference to, ormention of any decree, order, judgment or other record of any court of recordof any county in which the courthouse, or records of said courts, or both, havebeen destroyed by fire or otherwise, contained, recited or set forth in anydeed of conveyance, paper‑writing, or other bona fide written evidence oftitle, executed prior to the destruction of the courthouse and records of saidcounty, by any executor or administrator with a will annexed, or by any clerkand master, superior court clerk, clerk of the court of pleas and quartersessions, sheriff, or other officer, or commissioners appointed by either ofsaid courts, and authorized by law to execute said deed or other paper‑writing,are deemed, taken and recognized as true in fact, and are prima facie evidenceof the existence, validity and binding force of said decree, order, judgment or other record so referred to or recited in said deed or paper‑writing,and are to all intents and purposes binding and valid against all personsmentioned or described in said instrument of writing, deed, etc., as purportingto be parties thereto, and against all persons who were parties to said decree,judgment, order or other record so referred to or recited, and against allpersons claiming by, through or under them or either of them. (1870‑1,c. 86, s. 1; 1871‑2, c. 64, s. 1; Code, s. 69; Rev., s. 341; C.S., s.380.)

State Codes and Statutes

Statutes > North-carolina > Chapter_98 > GS_98-16

§98‑16.  Destroyed court records proved prima facie by recitals inconveyances executed before their destruction.

The recitals, reference to, ormention of any decree, order, judgment or other record of any court of recordof any county in which the courthouse, or records of said courts, or both, havebeen destroyed by fire or otherwise, contained, recited or set forth in anydeed of conveyance, paper‑writing, or other bona fide written evidence oftitle, executed prior to the destruction of the courthouse and records of saidcounty, by any executor or administrator with a will annexed, or by any clerkand master, superior court clerk, clerk of the court of pleas and quartersessions, sheriff, or other officer, or commissioners appointed by either ofsaid courts, and authorized by law to execute said deed or other paper‑writing,are deemed, taken and recognized as true in fact, and are prima facie evidenceof the existence, validity and binding force of said decree, order, judgment or other record so referred to or recited in said deed or paper‑writing,and are to all intents and purposes binding and valid against all personsmentioned or described in said instrument of writing, deed, etc., as purportingto be parties thereto, and against all persons who were parties to said decree,judgment, order or other record so referred to or recited, and against allpersons claiming by, through or under them or either of them. (1870‑1,c. 86, s. 1; 1871‑2, c. 64, s. 1; Code, s. 69; Rev., s. 341; C.S., s.380.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_98 > GS_98-16

§98‑16.  Destroyed court records proved prima facie by recitals inconveyances executed before their destruction.

The recitals, reference to, ormention of any decree, order, judgment or other record of any court of recordof any county in which the courthouse, or records of said courts, or both, havebeen destroyed by fire or otherwise, contained, recited or set forth in anydeed of conveyance, paper‑writing, or other bona fide written evidence oftitle, executed prior to the destruction of the courthouse and records of saidcounty, by any executor or administrator with a will annexed, or by any clerkand master, superior court clerk, clerk of the court of pleas and quartersessions, sheriff, or other officer, or commissioners appointed by either ofsaid courts, and authorized by law to execute said deed or other paper‑writing,are deemed, taken and recognized as true in fact, and are prima facie evidenceof the existence, validity and binding force of said decree, order, judgment or other record so referred to or recited in said deed or paper‑writing,and are to all intents and purposes binding and valid against all personsmentioned or described in said instrument of writing, deed, etc., as purportingto be parties thereto, and against all persons who were parties to said decree,judgment, order or other record so referred to or recited, and against allpersons claiming by, through or under them or either of them. (1870‑1,c. 86, s. 1; 1871‑2, c. 64, s. 1; Code, s. 69; Rev., s. 341; C.S., s.380.)