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New York Real Property Actions and Proceedings Law Section 331 - Proof Of Lost Execution Or Writ After Sheriff's Sale Of Real Property.

Legal Research Home > New York Lawyer > Real Property Actions and Proceedings > New York Real Property Actions and Proceedings Law Section 331 - Proof Of Lost Execution Or Writ After Sheriff's Sale Of Real Property.

    § 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.

Last modified: August 9, 2006