RPAPL 331 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 321 Proof of ownership of unoccupied lands and timber thereon up ARTICLE 3 Provisions Relating to Evidence next SECTION 341 Recitals as to heirships in conveyances Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 331 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.