Abstract books part of records - evidence.

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When any county is possessed of abstract books, copies, minutes, and extracts, they shall be placed in the office of the county clerk and recorder of said county as part of his records, and, if the abstract books are not alphabetically indexed showing grantors and grantees, he shall cause them to be indexed in the same manner as is provided for indexing original records. The county clerk and recorder shall be paid by the county such fees as are provided by law. If the original of any deed, mortgage, or other instrument in writing affecting the title of any land in said county is lost or destroyed and it is thus impossible for a party to produce the same in any judicial or other proceeding, a copy of the abstract books, copies, minutes, and extracts or any part thereof, duly certified by the county clerk and recorder of the county, shall be admissible as evidence in all courts of record in this state. It is the duty of the county clerk and recorder of the county to furnish to any parties so requesting certified copies of the same or parts thereof upon payment of the charges required by law.

Source: L. 1889: p. 305, § 5. R.S. 08: § 5273. C.L. § 5030. CSA: C. 135, § 5. CRS 53: § 113-1-5. C.R.S. 1963: § 113-1-5. L. 73: p. 1413, § 83.

Cross references: For fees of county clerk and recorders, see § 30-1-103.


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