98-16. Destroyed court records proved prima facie by recitals in conveyances executed before their destruction.
The recitals, reference to, or mention of any decree, order, judgment or other record of any court of record of any county in which the courthouse, or records of said courts, or both, have been destroyed by fire or otherwise, contained, recited or set forth in any deed of conveyance, paper-writing, or other bona fide written evidence of title, executed prior to the destruction of the courthouse and records of said county, by any executor or administrator with a will annexed, or by any clerk and master, superior court clerk, clerk of the court of pleas and quarter sessions, sheriff, or other officer, or commissioners appointed by either of said 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 evidence of 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 persons mentioned or described in said instrument of writing, deed, etc., as purporting to 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 all persons 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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 98 - Burnt and Lost Records
§ 98-1 - Copy of destroyed record as evidence; may be recorded.
§ 98-2 - Originals may be again recorded.
§ 98-3 - Establishing boundaries and interest, where conveyance and copy lost.
§ 98-4 - Copy of lost will may be probated.
§ 98-5 - Copy of lost will as evidence; letters to issue.
§ 98-6 - Establishing contents of will, where original and copy destroyed.
§ 98-7 - Perpetuating destroyed judgments and proceedings.
§ 98-8 - Color of title under destroyed instrument.
§ 98-9 - Action on destroyed bond.
§ 98-10 - Destroyed witness tickets; duplicates may be filed.
§ 98-11 - Replacing lost official conveyances.
§ 98-12 - Court records as proof of destroyed instruments set out therein.
§ 98-13 - Copies contained in court records may be recorded.
§ 98-14 - Rules for petitions and motions.
§ 98-15 - Records allowed under this Chapter to have effect of original records.
§ 98-17 - Conveyances reciting court records prima facie evidence thereof.
§ 98-18 - Court records and conveyances to which Chapter extends.