35-2-56
Section 35-2-56 Mutilated, lost, or mislaid maps or plats. Where land has been divided into
lots, and the map or plat thereof mutilated, lost, or mislaid, and a part or all of the lots
indicated therein have been sold, the owner thereof may cause a new survey to be made and
a plat or map to be made therefrom, or reproduce the one mutilated, lost, or mislaid, from
a survey already made, which new plat or map, if certified, acknowledged and recorded as required
by law, shall have the same effect in all respects as a plat or map recorded under Section
35-2-50 and may be vacated in the same manner and under the same conditions as plats or maps
may be vacated. (Code 1896, §3904; Code 1907, §6033; Code 1923, §10363; Code 1940, T. 56,
§19.)...
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12-20-30
Section 12-20-30 Substitution of lost, etc., papers or records in civil cases - How made -
Where deed, contract, conveyance or other instrument involved. If the record of a deed, contract,
conveyance or other instrument, the record of which is by law required or authorized, is lost,
mislaid, destroyed or mutilated, the original of such deed, contract, conveyance or instrument
may be recorded again, and such record shall have relation to, and be operative from, the
day the original record was operative. If the original is lost, mislaid, destroyed or mutilated,
a copy thereof may be recorded on proof of its correctness of the record and of the loss or
destruction of the original, and the record of such copy shall have relation to, and be operative
from, the day the original record was operative. But in case of the loss or destruction of
the original, an application for the record of the copy must be made to the court or successor
of the court in which the original record was made and...
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12-20-27
Section 12-20-27 Substitution of lost, etc., papers or records in civil cases - How made -
Generally. When original papers in civil actions have been lost, mislaid, destroyed or mutilated,
a court may cause a substitution thereof to be made by directing the attorneys representing
the parties therein to file a copy thereof with the clerk or register of the court. (Code
1896, §2645; Code 1907, §5737; Code 1923, §10130; Code 1940, T. 7, §6; Acts 1971, No.
1510, p. 2595.)...
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12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made -
After determination of action or proceeding. If, after the determination of any civil action
or proceeding, the original papers, or any part thereof pertaining thereto, which are not
of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such
papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or
decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should
be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing,
stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed
or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the
adverse party is of full age, of sound mind and a resident of the state, notice of the application
and a copy thereof, accompanied with a copy of the proposed...
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12-20-28
Section 12-20-28 Substitution of lost, etc., papers or records in civil cases - How made -
In pending action or proceeding. If the action or proceeding in which the substitution of
a lost, mislaid, destroyed or mutilated original paper is proposed is pending and undetermined,
the substitution must be made on notice of not less than one day to the adverse party or his
attorney of record, if he has such an attorney, accompanied with a copy of the paper offered
in substitution; but, if such adverse party or his attorney of record does not reside in the
county, notice may be given by the filing of the paper and the entry of a motion to substitute,
or the filing of such motion, for one day prior to the making thereof. On the hearing of such
motion, affidavits and counter affidavits may be received as to the correctness of the proposed
substitute. (Code 1886, §657; Code 1896, §2648; Code 1907, §5740; Code 1923, §10133; Code
1940, T. 7, §9.)...
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35-6-49
Section 35-6-49 Filing and recordation of application, etc.; record as evidence. The application,
commission, statement of the commissioners and plat and map must be filed in the office of
the judge of probate, and, together with all orders made by him, must be recorded in a book
kept by him for the record of conveyances of land, and when recorded, the record thereof shall
be presumptive evidence of the truth of any fact therein stated. (Code 1852, §2684; Code
1867, §3112; Code 1876, §3506; Code 1886, §3245; Code 1896, §3170; Code 1907, §5213;
Code 1923, §9313; Code 1940, T. 47, §202.)...
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11-42-51
Section 11-42-51 Canvassing of returns; entry, recordation, etc., of orders, maps, etc., as
to annexation of territory. The judge of probate must canvass the returns as made by the inspectors
and if it appears that a majority of the votes cast at the election were "for annexation"
the judge shall make and enter an order on the records of the probate court adjudging and
decreeing the corporate limits of the city to be extended so as to embrace the territory described
in the resolution and designated on the plat or map attached to the resolution, and must cause
the certified resolution and all orders or decrees or judgments to be recorded in the records
in his office and must also cause the map or plat to be recorded in the map records in his
office, and from the time of the entry of such order such territory shall be a part of and
within the corporate limits of the city with the limitations, rights, powers, and privileges
set forth in this article. If it appears that a majority of the...
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11-42-2
Section 11-42-2 Annexation election and proceedings generally; proceedings where parties consent
to annexation. Whenever the council shall pass a resolution to the effect that the public
health or public good requires that certain territory (described in the resolution) shall
be brought within the limits of the city or town: (1) It shall be the duty of the mayor to
certify a copy of such resolution to the judge of probate of the county in which the land
proposed to be annexed is situated, and said certified resolution shall have attached thereto
a plat or map of said territory, which certified resolution and plat or map shall be filed
by the judge of probate. (2) Except as provided in subdivision (9) of this section, the judge
of probate shall, not less than 10 nor more than 15 days from the date of the filing of such
resolution, make and enter an order upon the minutes of said court, directing and ordering
an election to be held by the qualified electors residing within the territory...
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12-20-32
Section 12-20-32 Substitution of appellate court records. If the records of an appellate court,
or any part thereof, are lost, mislaid, destroyed or mutilated, the same may be substituted
under such rules and regulations as the court may prescribe. (Code 1886, §660; Code 1896,
§2653; Code 1907, §5745; Code 1923, §10138; Code 1940, T. 7, §14.)...
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12-20-26
Section 12-20-26 Substitution of lost, etc., papers or records in civil cases - Inherent power
of courts. All courts have the inherent power, if original papers or records pertaining to
matters of civil jurisdiction or to civil actions which are pending or which have been determined
are lost, mislaid, destroyed or mutilated, to cause a substitution thereof, and the substituted
paper or record is of equal validity with the original. (Code 1867, §§648, 649; Code 1876,
§555; Code 1886, §656; Code 1896, §2647; Code 1907, §5739; Code 1923, §10132; Code 1940,
T. 7, §8.)...
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