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16-119-106. Papers evidencing title to real or personal property recorded anew.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-119-106. Papers evidencing title to real or personal property recorded anew.
(a) In all cases in which any deed of conveyance, title bond, mortgage, deed, or other written muniment of title of or concerning any property, either real or personal, which by the laws of this state could be admitted to record, have been admitted of record in any county and the record thereof has been lost, destroyed, or burned, but the original of the instrument of conveyance, or copy duly certified according to law, is in the possession of the person entitled to the instrument of conveyance, the original or duly certified copy of the instrument of conveyance may be recorded anew in the office of the clerk and county recorder. The record shall relate back and have full force and effect from the date of the first record of the instrument of conveyance.
(b)(1) In case no original or duly certified copy has been preserved, then any person or persons interested in the instrument of conveyance, or the person's or persons' heirs, executor or executors, administrator or administrators, or guardian or guardians, may file a petition in the office of the clerk of the circuit court of any such county, addressed to the circuit court thereof, setting forth the names and relations of the different parties to the instrument of conveyance, and the subject matter thereof, and praying that the instrument of conveyance may be ordered to be admitted of record in the office of the county recorder.
(2) If the circuit court is sufficiently advised of the truth of the matters contained in the petition, it shall decree that the prayer of the petition be allowed and that a copy of the petition and decree be certified, under the seal of the circuit court, to the county recorder to be by him or her recorded. T
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-119-106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-119-106
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: cf9210a3fffff0b1184855faba4d78a851375eefa9fa88265edf05c835c8b43c
Source location: content.xml paragraph 48742
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16-119-106. Papers evidencing title to real or personal property recorded anew.
(a) In all cases in which any deed of conveyance, title bond, mortgage, deed, or other written muniment of title of or concerning any property, either real or personal, which by the laws of this state could be admitted to record, have been admitted of record in any county and the record thereof has been lost, destroyed, or burned, but the original of the instrument of conveyance, or copy duly certified according to law, is in the possession of the person entitled to the instrument of conveyance, the original or duly certified copy of the instrument of conveyance may be recorded anew in the office of the clerk and county recorder. The record shall relate back and have full force and effect from the date of the first record of the instrument of conveyance.
(b)(1) In case no original or duly certified copy has been preserved, then any person or persons interested in the instrument of conveyance, or the person's or persons' heirs, executor or executors, administrator or administrators, or guardian or guardians, may file a petition in the office of the clerk of the circuit court of any such county, addressed to the circuit court thereof, setting forth the names and relations of the different parties to the instrument of conveyance, and the subject matter thereof, and praying that the instrument of conveyance may be ordered to be admitted of record in the office of the county recorder.
(2) If the circuit court is sufficiently advised of the truth of the matters contained in the petition, it shall decree that the prayer of the petition be allowed and that a copy of the petition and decree be certified, under the seal of the circuit court, to the county recorder to be by him or her recorded. The record thereof shall relate back and have full force and effect from the date of the original record.
(3) No such decree shall be made by the circuit court unless previous notice of the intended application has been given to the other party or parties to the instrument of conveyance, or to their heirs, executors, or administrators according to the terms required in § 16-119-104.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-119-104. Restoration of destroyed judgments — Procedural conditions.
No reinstating order, sentence, or decree shall be rendered by the court, unless:
(1) The petition is verified by affidavit and has been filed in the office of the clerk of the court thirty (30) days previous to the term of the court at which the application is intended to be made; and
(2) Due notice of the intended application, setting forth, in a brief manner, the object and intent of the application, is given to the adverse party or parties, either by personal service, by delivering a copy of the notice in writing at least thirty (30) days before the first day of the term of court at which the intended application is to be made, or by publication in some newspaper published in the county for two (2) consecutive weeks, the last publication to be at least six (6) weeks before the first day of the term of the court at which the intended application is to be made. However, if there is no newspaper printed in the county, then the publication shall be made in some newspaper printed in Little Rock, Arkansas.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-119-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-119-104. This identifies an authority to review, not proof of applicability.