Section 331. Proof of lost execution or writ after sheriff's sale of real property  


Latest version.
  • 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.