reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 445 - Plats › Section 445.070 - Penalty for selling lots before plat recorded — plat shall vest fee, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 445
Effective - 28 Aug 1939
445.070. Penalty for selling lots before plat recorded — plat shall vest fee, when. —
1. If any person shall sell or offer for sale any lot within any city, town or village, or any addition thereto, before the plat thereof be made out, acknowledged and recorded, as aforesaid, such person shall forfeit a sum not exceeding three hundred dollars for every lot which he shall sell or offer to sell.
2. Such maps or plats of such cities, towns, villages and additions made, acknowledged, certified and recorded, shall be a sufficient conveyance to vest the fee of such parcels of land as are therein named, described or intended for public uses in such city, town or village, when incorporated, in trust and for the uses therein named, expressed or intended, and for no other use or purpose.
3. If such city, town or village shall not be incorporated, then the fee of such lands conveyed as aforesaid shall be vested in the proper county in like trust, and for the uses and purposes aforesaid, and none other.
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(RSMo 1939 § 12809)
Prior revisions: 1929 § 11185; 1919 § 9287; 1909 § 10294
(1961) Street in unincorporated area dedicated under this section would not be deemed abandoned under section 228.190 by nonuser but could only be vacated in accordance with proceedings set out in section 71.270. Winschel v. County of St. Louis (Mo.), 352 S.W.2d 652.
(1963) The filing of a properly executed plat of a subdivision which dedicated certain lands not within an incorporated municipality to the public use does not constitute a statutory dedication under this section where there was no showing that the plat was accepted by the governing body of the county. However, there is a common law dedication and in this case an acceptance by subsequent annexation by the Village of Hazelwood thereby converted the dedicated ways into public streets of the village. Weakley v. State Highway Commission (Mo.), 364 S.W.2d 608.
(1967) Fact that there was a nonuser by the public of a platted public alley does not work an abandonment of it. Bates v. Mueller (A.), 413 S.W.2d 853.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 445 - Plats › Section 445.080 - Penalty for recording an imperfect plat.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 445
Effective - 28 Aug 1939
445.080. Penalty for recording an imperfect plat. —
If any person, his agent or attorney, shall cause a map or plat of any such city, town, village or addition thereto to be recorded, which does not set forth and describe all parcels of ground which have been or shall be promised or set apart for public uses, such persons shall forfeit double the value of the ground so promised or pretended to have been set apart for public uses, and not set forth on the plat. The forfeitures arising under this chapter may be recovered by civil action, with costs, in the name of the county to the use of the school fund of the incorporated city, town or village in which the land lies, or the county, as the case may be.
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(RSMo 1939 § 12810)
Prior revisions: 1929 § 11186; 1919 § 9288; 1909 § 10295
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 445 - Plats › Section 445.090 - Persons incurring penalty may be proceeded against, how.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 445
Effective - 28 Aug 1939
445.090. Persons incurring penalty may be proceeded against, how. —
The property and effects of the person incurring such forfeiture may be proceeded against, by attachment or otherwise, in like manner and for the like causes as in ordinary cases.
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(RSMo 1939 § 12811)
Prior revisions: 1929 § 11187; 1919 § 9289; 1909 § 10296
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 445 - Plats › Section 445.100 - Plans, plats or replats — unlawful to receive or record such plan unless approved (cities of 400,000).

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 445
• Effective - 28 Aug 1939
445.100. Plans, plats or replats — unlawful to receive or record such plan unless approved (cities of 400,000). —
1. In all cities that now have or hereafter may have four hundred thousand inhabitants or over, all plans, plats or replats of land laid out in building lots and streets, alleys, or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto, and located within the city limits, shall be submitted to the board or body having charge of the design, construction and maintenance of city streets and approved by it before they shall be recorded.
2. And it shall be unlawful to receive or record such plan in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the board or body having charge of the design, construction and maintenance of city streets.
3. The approval of the board or body having charge of the design, construction and maintenance of city streets shall be deemed an acceptance of the proposed dedication for public or private use as the case may be; but shall not impose any duty upon the city concerning the maintenance or improvement of any such dedicated parts, until the proper authorities of the city shall have made actual appropriation of the same by entry, use or improvement; and owners and purchasers shall be deemed to have notice of the published plans, maps and reports of the board or body having charge of the design, construction and maintenance of city streets affecting such property within its jurisdiction.
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(RSMo 1939 § 12817)
Prior revision: 1929 § 11193
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 445 - Plats › Section 445.110 - Unlawful to sell, trade or otherwise convey unless plan, plat or replat shall have been recorded (cities of 400,000).

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 445
• Effective - 28 Aug 1939
445.110. Unlawful to sell, trade or otherwise convey unless plan, plat or replat shall have been recorded (cities of 400,000). —
In all cities that now have or hereafter may have four hundred thousand inhabitants or over, it shall be unlawful to sell, trade or otherwise convey or to offer to sell, trade or otherwise convey any lot or parcel of land as a part of or in conformity with any plan, plat or replat of any subdivision or portion of the city unless said plan, plat or replat shall have first been recorded in the office of the recorder of deeds of said city.
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(RSMo 1939 § 12818)
Prior revision: 1929 § 11194
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 445 - Plats › Section 445.120 - Penalty for violation of certain provisions.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 445
• Effective - 28 Aug 1939
445.120. Penalty for violation of certain provisions. —
Any person violating the provisions of sections 445.100 to 445.120 shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars nor more than five hundred dollars, or to imprisonment not exceeding one year, or both.
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(RSMo 1939 § 12819)
Prior revision: 1929 § 11195
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.010 - Decayed corners — surveyed when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.010. Decayed corners — surveyed when. —
Any person, his agent or attorney, owning or being interested in any tract of land within this state, any corner or corners of which shall be in a decayed or perishable condition, may require the surveyor of the county to make a survey thereof.
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(RSMo 1939 § 1971)
Prior revisions: 1929 § 1807; 1919 § 5494; 1909 § 6437
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.020 - Surveyor's notes — contents.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.020. Surveyor's notes — contents. —
Such surveyor shall note particularly in his field notes the corner from which he starts the survey and to which he traces the lines, noting the condition of the corner trees, if any, marking particularly every object of note, over or by which the lines may pass; also the falling off distance, and the variation at which side lines shall have been surveyed.
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(RSMo 1939 § 1972)
Prior revisions: 1929 § 1808; 1919 § 5495; 1909 § 6438
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.030 - Surveyor — duties — fees.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.030. Surveyor — duties — fees. —
He shall cause to be planted, by the person requiring such survey, at each corner desired to be established, a stone or post, and shall mark and describe witness trees, if within a reasonable distance, noting in his field notes the course and distance to them; he shall note also the names of his chainmen, flagmen and other persons present at the planting of any corner stone or post; and he shall record a copy of his field notes in a book to be kept by him for that purpose, and certify the same, and shall deliver a certified copy of such field notes to any person requiring it, for which copy he shall receive at the rate of fifteen cents for every hundred words.
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(RSMo 1939 § 1973)
Prior revisions: 1929 § 1809; 1919 § 5496; 1909 § 6439
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.040 - Destroyed corners, how established.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1981
446.040. Destroyed corners, how established. —
When the corner or corners of any survey shall have been destroyed or obliterated by time or accident, the owner of such survey, or of any other lands, the title of which may be affected by the loss of any such corner, or if the corner is a corner of the United States Public Land Survey, the state land surveyor may call on a judge of the circuit court, other than a municipal judge, of the county in which the land shall be situate, for the purpose of establishing such corners by testimony.
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(RSMo 1939 § 1974, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634, A.L. 1981 H.B. 414)
Prior revisions: 1929 § 1810; 1919 § 5497; 1909 § 6440
CROSS REFERENCE:
Corners lost, reestablished, rules, 60.315
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.050 - Attendance of surveyor and witnesses — judge's duty.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 02 Jan 1979, see footnote
446.050. Attendance of surveyor and witnesses — judge's duty. —
Such judge shall, upon application, issue his warrant to the sheriff of the county to cause to come before him, at a place on the land and on a day to be designated in the warrant, the county surveyor and such witnesses, as well without as within the county, as the person demanding such warrant, or other persons interested, may require.
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(RSMo 1939 § 1975, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1811; 1919 § 5498; 1909 § 6441
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.060 - Examination of witnesses.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 02 Jan 1979, see footnote
446.060. Examination of witnesses. —
Such judge shall, on the day appointed, proceed to the place designated, and there, in the presence of the county surveyor, examine the witnesses summoned, and others attending, touching the existence or situation of such destroyed or obliterated corners, or any other matter in relation to the entry or survey of such lands, or of the corners or boundaries of any adjoining lands, when the same may be necessary or conducive to the accomplishment of the object of the application.
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(RSMo 1939 § 1976, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1812; 1919 § 5499; 1909 § 6442
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.070 - Adjournment.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 02 Jan 1979, see footnote
446.070. Adjournment. —
Such judge shall have power to adjourn from day to day, when the same may be necessary to the accomplishment of the examination.
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(RSMo 1939 § 1977, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1813; 1919 § 5500; 1909 § 6443
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.080 - Examination reduced to writing.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 02 Jan 1979, see footnote
446.080. Examination reduced to writing. —
Such judge shall reduce the examination of the witnesses to writing, which shall be signed and sworn to by the deponents, and, being certified and signed by the judge, shall be by him delivered to the county surveyor.
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(RSMo 1939 § 1978, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1814; 1919 § 5501; 1909 § 6444
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.090 - Notice to take depositions, how given.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1983
446.090. Notice to take depositions, how given. —
The party applying for the establishment of any corner or corners shall give notice, in writing, of the time and place of taking such depositions, to every person or persons who may be the owner of any interest in the lands adjoining such corner or corners, his or their agent or attorney, at least thirty days before the taking of the same. In case the person interested be a minor or disabled as defined in chapter 475, the notice shall be served on the conservator of such minor or disabled person. The publication of such notice in some newspaper printed in the county, at least three weeks consecutively, the last insertion to be twenty days before the day of taking depositions, shall be sufficient notice to nonresidents of the state and all other persons.
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(RSMo 1939 § 1979, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 1815; 1919 § 5502; 1909 § 6445
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.100 - Evidence of notice.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 02 Jan 1979, see footnote
446.100. Evidence of notice. —
Satisfactory evidence of such notice shall be required by the judge before he proceeds to take such depositions, which shall appear in his certificate annexed to the depositions.
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(RSMo 1939 § 1980, A. 1949 S.B. 1126, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 1816; 1919 § 5503; 1909 § 6446
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.110 - Surveyors to re-mark decayed corners, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.110. Surveyors to re-mark decayed corners, when. —
The county surveyor shall, if required by the party owning or being interested in such survey make a survey thereof, and cause to be planted a stone or post at each of the decayed or obliterated corners, and shall be governed in his survey, and in planting such stone or post at the corners, by the depositions which shall have been taken and delivered to him in relation thereto.
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(RSMo 1939 § 1981)
Prior revisions: 1929 § 1817; 1919 § 5504; 1909 § 6447
CROSS REFERENCE:
Corners lost, reestablishment, rules, 60.315
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.120 - Plat and certificate of survey.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.120. Plat and certificate of survey. —
Such surveyor shall make out a plat and certificate of such survey, noting therein the corners at which he shall have planted stones or posts, the names of the chainmen, markers and others present at the planting of the same, and that the same was done in accordance with the testimony contained in the depositions.
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(RSMo 1939 § 1982)
Prior revisions: 1929 § 1818; 1919 § 5505; 1909 § 6448
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.130 - Plat and certificate recorded.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.130. Plat and certificate recorded. —
He shall record such plat and certificate in a book to be by him kept and provided for that purpose, and shall deliver the original, with any depositions delivered to him, duly certified, to the recorder of the county.
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(RSMo 1939 § 1983)
Prior revisions: 1929 § 1819; 1919 § 5506; 1909 § 6449
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.140 - Duty of recorder.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.140. Duty of recorder. —
The recorder to whom such plats and certificates and depositions shall be delivered shall record the same in a book to be by him provided and kept for that purpose, and shall deliver the original to him at whose instance the survey was made.
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(RSMo 1939 § 1984)
Prior revisions: 1929 § 1820; 1919 § 5507; 1909 § 6450
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.150 - Plats, certificates and depositions in evidence.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.150. Plats, certificates and depositions in evidence. —
Plats and certificates of surveys and depositions to establish corners, or certified copies of the record thereof, when the same shall have been made or taken in conformity to the provisions of sections 446.010 to 446.180, may be used and received in evidence in all cases to which they may relate, subject to exceptions for irrelevancy or incompetency.
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(RSMo 1939 § 1985)
Prior revisions: 1929 § 1821; 1919 § 5508; 1909 § 6451
CROSS REFERENCE:
Surveys as legal evidence, 60.150
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.160 - Examination of witness through interpreter.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.160. Examination of witness through interpreter. —
When any witness examined under sections 446.010 to 446.180 cannot clearly understand and speak the English language, his examination shall be made through a competent interpreter, duly sworn correctly to translate into his language to him all questions put to him, and his answers thereto, into the English language; and the officer taking his deposition shall reduce the questions and answers to writing, in the English language, which, being distinctly translated to him by said interpreter, shall be sworn to and subscribed by said witness.
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(RSMo 1939 § 1987)
Prior revisions: 1929 § 1823; 1919 § 5510; 1909 § 6453
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.170 - Costs, how paid.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.170. Costs, how paid. —
All fees and costs attending the proceedings under sections 446.010 to 446.170 shall, in the first instance, be paid by the party on whose application the same shall be had, who may recover from persons who shall use or be benefitted by the same their equal proportion of the expenses incurred in obtaining it.
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(RSMo 1939 § 1986)
Prior revisions: 1929 § 1822; 1919 § 5509; 1909 § 6452
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.175 - Land patent not issued by state, owner may acquire, requirements.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1983
446.175. Land patent not issued by state, owner may acquire, requirements. —
1. Any person owning land for which a patent should have been issued by the state but was not may acquire a patent for such land by:
(1) Proving, by affidavits or otherwise, to the satisfaction of the secretary of state, that he, or someone under whom he claims title, purchased the land for which the patent is sought from the state and that the state has been paid for such land; and
(2) Proving, by affidavits of two disinterested householders of the township in which the land for which a patent is sought is located, that he, and those under whom he claims title, have been in open, notorious, exclusive, continuous, adverse, and hostile possession of all of such land for the period of ten years immediately prior to the time of applying for a patent under this section, and that during such time no other person has ever set up or made any claim to such land, or any portion thereof, which is hostile or adverse to the title of the applicant and those under whom he claims title.
2. When an applicant has complied with subdivisions (1) and (2) of subsection 1 of this section, the secretary of state shall issue the patent requested.
3. The provisions of this section shall only apply when the records in the office of the secretary of state show that the land in question is state land which has not been disposed of to any other person and when all documents and proofs required by this section have been filed in the land department of the secretary of state and preserved among the records thereof.
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(L. 1983 S.B. 109)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.180 - Erroneous descriptions in patents — correction.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1983
446.180. Erroneous descriptions in patents — correction. —
1. Whenever an error has been made in the description of land in any patent, the person to whom such patent was issued, or any person who has acquired title to the land intended to be described in such erroneous patent by mesne conveyances from the person to whom such erroneous patent was issued, may have a new patent issued correctly describing such land by:
(1) Proving, by affidavits or otherwise, to the satisfaction of the secretary of state, that he, or someone under whom he claims title, purchased the land for which a corrected patent is sought from the state and that the state has been paid for such land; and
(2) Filing an affidavit that he makes no claim to the land erroneously described in the patent sought to be corrected and that neither he, nor anyone by, through, or under whom he claims title, has ever made any claim to such land by virtue of or under such erroneous patent.
2. When an applicant has complied with subdivisions (1) and (2) of subsection 1 of this section, the secretary of state shall make the correction requested. A new patent correctly describing the land to which the applicant claims title shall be issued to such applicant when he delivers the erroneous patent or a certified copy thereof to the secretary of state, or proves to the secretary of state, by affidavits of two disinterested householders of the township in which the land to be described in the corrected patent is located, that he, and those under whom he claims title, have been in the open, notorious, exclusive, continuous, adverse, and hostile possession of all of such land for the period of ten years immediately prior to the time of filing an application under this section, and that during such time no other person has ever set up or made any claim to such land, or any portion thereof, which is hostile or adverse to the title of the applicant and those under whom he claims title; and executes a deed releasing the erroneously patented land to the state.
3. The provisions of this section shall only apply when the records in the office of the secretary of state show that the land in question is state land which has not been disposed of to any other person and when all documents and proofs required by this section have been filed in the land department of the secretary of state and preserved among the records thereof.
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(RSMo 1939 § 12715, A.L. 1983 S.B. 109)
Prior revisions: 1929 § 11091; 1919 § 6955; 1909 § 7959
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.200 - Certificate of judges entered of record — received in evidence.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.200. Certificate of judges entered of record — received in evidence. —
1. The certificate provided for by section 446.190 to be made and filed by the said judges of the circuit court and the commissioners of the county commission, or by the judges of the circuit court of the city of St. Louis, shall be by the said clerk of the circuit court entered and spread upon the records of the circuit court of the county, the said records of which have been so lost, destroyed or injured.
2. Thereupon, the said clerk of the circuit court of such county shall make out from said circuit court records, and transmit to the recorder of deeds of such county a certified copy of such certificate, so made and filed by said judges or commissioners, and the recorder of deeds shall, thereupon, record such certified copy of said certificate in the land record books of his office.
3. And a certified copy of said judges' certificate, under the hand and official seal of the clerk of the circuit court of such county, shall be received in all of the courts of this state, and in all of the courts held within this state, and in all places and inquiries within this state wherein said matters and things may be pertinent, as prima facie evidence of the facts and recitals set out and contained in said certificate of said judges or commissioners.
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(RSMo 1939 § 1950)
Prior revisions: 1929 § 1786; 1919 § 5473; 1909 § 6416
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.210 - Abstract of title to lands received in evidence, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.210. Abstract of title to lands received in evidence, when. —
In all cases, and in all suits, trials and actions, in any of the courts of this state, and in any of the courts held within this state, in any proceeding relating to, or affecting the title to lands, or any interest therein, or any lien or encumbrance thereon, any party to such case, suit, trial or action shall be permitted to offer and introduce as evidence therein, and all of the said courts shall receive as competent evidence therein, any abstract of title, or land title abstract book, or books, which are fair upon their face, and which are shown to have been made by any person, in the usual and ordinary course of business, prior to the loss, injury or destruction of the official records, or parts thereof, of the county wherein the lands affected by such suit, trial or action lie; provided, that before such abstract, or land title abstract books shall be admissible, the party desiring to offer the same, or his agent, or attorney, shall, orally, in court, or by an affidavit filed in the cause, state under oath, that the originals of the deeds, conveyances or instruments affecting the title, or some part thereof, are lost, destroyed, or so injured as to be illegible, or that the said originals are not within the power of the party to produce, and that the record of such deeds, conveyances and instruments has been lost, destroyed or burned.
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(RSMo 1939 § 1951)
Prior revisions: 1929 § 1787; 1919 § 5474; 1909 § 6417
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.220 - Fees allowed to owners of abstracts.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.220. Fees allowed to owners of abstracts. —
The owner, owners, keeper or custodian of any such abstracts or land title abstract books shall be allowed to charge for the services rendered under the provisions of sections 446.190 to 446.220 the following fees only:
For the first entry, or remove in the chain of title, in any copy of an abstract
$1.00
For each additional entry therein
.50
For certificate and authentication to copy of abstract
.50
For producing abstract books in court as evidence, in any court held in the county wherein the custodian of the abstracts resides, for each day
3.50
For producing abstract books in court as evidence, in any court held outside of the county wherein the custodian of the abstract resides, for each day, and for each day spent in going and returning
5.00
For mileage in going to and returning from court, per mile
.05
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(RSMo 1939 § 1952)
Prior revisions: 1929 § 1788; 1919 § 5475; 1909 § 6418
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.230 - Certain titles confirmed.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.230. Certain titles confirmed. —
Whenever the title in fee to any lands shall be vested in the state of Missouri, under the provisions of an act of Congress entitled "An act to vest in the several states and territories the title in fee of the lands which have been or may be certified to them", approved August 3, 1854, the same shall inure to and be vested in the purchaser from the state in all cases where such lands have been sold; and all patents or conveyances executed by the governor for lands sold by the state are hereby confirmed, and all the title the state now has or hereafter may acquire, by virtue of the above recited act, to the land so sold, is hereby granted to the purchaser, his heirs or assigns, as fully as the same could be done by issuance of a new patent.
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(RSMo 1939 § 1847)
Prior revisions: 1929 § 1683; 1919 § 5370; 1909 § 6415
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.240 - Duty of register of lands, evidence.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
Effective - 28 Aug 1939
446.240. Duty of register of lands, evidence. —
The register of lands shall procure suitable books and record therein all letters and instructions received from the land department at Washington concerning lands granted to this state, and shall also record in such books all lists of lands certified by the commissioner of such land office, under the provisions of the act recited in section 446.230, as belonging to the state; and copies of such record, certified by the register of lands, shall be prima facie evidence of the facts therein stated.
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(RSMo 1939 § 1848)
Prior revisions: 1929 § 1684; 1919 § 5371; 1909 § 6316
CROSS REFERENCES:
Copies of patents evidence, when, 59.390
Patents to be evidence of title, 241.120
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.250 - New Madrid certificates and patents prima facie evidence.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
Effective - 28 Aug 1939
446.250. New Madrid certificates and patents prima facie evidence. —
When, in any action for the recovery of the possession of premises, any land shall be claimed by virtue of a location in lieu of other lands injured by earthquakes, the certificate of new location granted by the recorder of land titles, and the patent issued in consequence, shall be only prima facie evidence of title in the grantee therein named, subject to be rebutted as herein prescribed.
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(RSMo 1939 § 1539)
Prior revisions: 1929 § 1375; 1919 § 1825; 1909 § 2392
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.260 - Rebutted, how.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
Effective - 28 Aug 1939
446.260. Rebutted, how. —
It shall be lawful for the adverse party to rebut such evidence by proof that the grantee in such certificate or patent named was not, at the time the same or either of them issued, the owner of the injured lands in lieu of which the said certificate or patent issued, and the title to the land located by virtue of such certificate or patent shall be determined according to the rights of the parties to the land, as located by virtue thereof.
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(RSMo 1939 § 1540)
Prior revisions: 1929 § 1376; 1919 § 1826; 1909 § 2393
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.270 - New Madrid certificates.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
Effective - 28 Aug 1939
446.270. New Madrid certificates. —
Copies of certificates granted by the recorder of land titles, under the act of Congress for the relief of the sufferers by earthquakes in the county of New Madrid, and all other books and papers, which by law are required to be deposited or kept at his office, duly certified by him, shall be received as evidence.
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(RSMo 1939 § 1832)
Prior revisions: 1929 § 1668; 1919 § 5355; 1909 § 6300
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.280 - Confirmations of land titles — copies.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
Effective - 28 Aug 1939
446.280. Confirmations of land titles — copies. —
Copies of confirmations had before the board of commissioners for the adjustment of land claims within this state, or before the recorder of land titles, duly certified by the recorder of land titles, or by the person who shall by law have the custody of the books and papers containing such confirmations, shall be received as evidence.
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(RSMo 1939 § 1831)
Prior revisions: 1929 § 1667; 1919 § 5354; 1909 § 6299
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.290 - French and Spanish grants.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.290. French and Spanish grants. —
All grants and concessions of land, all warrants, orders, plats and certificates of survey made and signed by the proper officers of the French or Spanish government, which shall have been filed in the office of the recorder of land titles, by virtue of any law of the United States, and all deeds, conveyances and evidences of title made before, and signed by such officers of the French or Spanish government, which shall have been filed and recorded as aforesaid, being certified by such recorder to have been recorded in his office, shall be received in evidence without further proof.
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(RSMo 1939 § 1833)
Prior revisions: 1929 § 1669; 1919 § 5356; 1909 § 6301
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.300 - Copies from Livre Terrein.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.300. Copies from Livre Terrein. —
Copies of all petitions, grants, orders and returns of survey, and other evidences of title, contained in any land book, commonly called Livre Terrein, and copies of all such other records of the French or Spanish government, and of such evidences of title mentioned in the preceding section, as are by law required to be deposited in the office of the recorder of land titles, duly certified by him, shall be received in evidence, with like effect as the original.
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(RSMo 1939 § 1834)
Prior revisions: 1929 § 1670; 1919 § 5357; 1909 § 6302
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.310 - French and Spanish archives, evidence.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.310. French and Spanish archives, evidence. —
When any such conveyance or other evidences of title, as mentioned in section 446.290 shall have belonged to the archives of the French or Spanish government, and shall have been deposited in the office of the recorder of any county, and therein recorded, it shall, being duly certified by such recorder, be received in evidence without further proof.
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(RSMo 1939 § 1835)
Prior revisions: 1929 § 1671; 1919 § 5358; 1909 § 6303
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.320 - French and Spanish archives, copies of.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
• Effective - 28 Aug 1939
446.320. French and Spanish archives, copies of. —
A copy of any such conveyance or evidence of title, among the archives of the French or Spanish government, deposited in pursuance of law, in the office of the recorder of any county, and therein recorded, and a copy of any record of the French or Spanish government, so deposited in such office, being duly certified by him, shall be received in evidence with like effect as the original.
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(RSMo 1939 § 1836)
Prior revisions: 1929 § 1672; 1919 § 5359; 1909 § 6304
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.330 - Copies of record of original archives.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
Effective - 28 Aug 1939
446.330. Copies of record of original archives. —
Whenever it shall appear that the original of any of the records, archives or other evidences mentioned in sections 446.290 to 446.320, after having been deposited and recorded in the office of the recorder of land titles, or of the recorder of any county, in pursuance of law, cannot be found therein, or has been lost or destroyed, or that neither the original nor a duly certified copy thereof can be obtained by the parties wishing to use it, a copy of the record of such original, duly certified by the officer having charge of such record, shall be received in evidence.
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(RSMo 1939 § 1837)
Prior revisions: 1929 § 1673; 1919 § 5360; 1909 § 6305
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.340 - Archives of recorder's office of St. Louis, evidence.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
Effective - 28 Aug 1939
446.340. Archives of recorder's office of St. Louis, evidence. —
Certified copies of the records of the ancient archives deposited in the office of the recorder of the county or city of St. Louis, consisting of deeds, mortgages, marriage contracts, settlements, adjudications and other instruments of writing relating to or affecting titles to real estate, and which were received from the French or Spanish authorities of Louisiana, and which have been or may hereafter be recorded, as directed by law, shall be received in evidence in all courts of this state.
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(RSMo 1939 § 1849)
Prior revisions: 1929 § 1685; 1919 § 5372; 1909 § 6317
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 446 - Establishment and Evidence of Boundaries and Titles to Land › Section 446.350 - Copies of plats, surveys — United States surveyor's office.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 446
Effective - 28 Aug 1939
446.350. Copies of plats, surveys — United States surveyor's office. —
Copies of plats, surveys, entries, New Madrid certificates and locations, and of all other papers which are by law required to be deposited or kept in the office of the surveyor of the lands of the United States in this state, duly certified by such surveyor, shall be received as evidence.
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(RSMo 1939 § 1838)
Prior revisions: 1929 § 1674; 1919 § 5361; 1909 § 6306
CROSS REFERENCES:
Copies of entries on book of United States land office to be received in evidence, 490.200
Copies of letters received by the register of any United States land office from superior officer received in evidence, 490.210
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 447 - Lost and Unclaimed Property › Section 447.010 - Duty of persons finding lost money, goods.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 447
• Effective - 02 Jan 1979, see footnote
447.010. Duty of persons finding lost money, goods. —
If any person finds any money, goods, right in action, or other personal property, or valuable thing whatever, of the value of ten dollars or more, the owner of which is unknown, he shall, within ten days, make an affidavit before some judge of the circuit court of the county, other than a municipal judge, stating when and where he found the same, that the owner is unknown to him, and that he has not secreted, withheld or disposed of any part thereof.
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(RSMo 1939 § 15317, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14227; 1919 § 7287; 1909 § 8268
Effective 1-02-79
CROSS REFERENCE:
Strays, Chap. 271
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 447 - Lost and Unclaimed Property › Section 447.020 - Appointment of appraisers by circuit judge.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 447
• Effective - 02 Jan 1979, see footnote
447.020. Appointment of appraisers by circuit judge. —
Such judge shall then, if necessary, summon three disinterested householders to appraise the same; such appraisers, or any two of them, shall make two lists of the valuation and description of such property, money, or other valuable thing, and sign and make oath to the same, and shall deliver one of the lists to the finder and the other to the judge.
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(RSMo 1939 § 15318, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14228; 1919 § 7288; 1909 § 8269
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 447 - Lost and Unclaimed Property › Section 447.030 - Appraiser's list, where filed — publication.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 447
• Effective - 02 Jan 1979, see footnote
447.030. Appraiser's list, where filed — publication. —
The judge shall file such list and the finder shall transmit a copy of the same to the clerk of the county commission within fifteen days, and shall set up at the courthouse door, and four other public places in the township or city, a copy of such valuation within ten days.
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(RSMo 1939 § 15319, A.L. 1978 H.B. 1634)
Prior revisions: 1929 § 14229; 1919 § 7289; 1909 § 8270
Effective 1-02-79
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 447 - Lost and Unclaimed Property › Section 447.040 - Procedure if no owner appears, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 447
• Effective - 28 Aug 2003
447.040. Procedure if no owner appears, when. —
If no owner appear and prove the money or property within forty days, and the value exceed twenty dollars, the finder shall, within thirty days thereafter, cause a copy of the description to be inserted in some newspaper of general circulation, qualified pursuant to chapter 493, and located in the county where the money or property was found, once per week for three consecutive weeks; and if no owner prove the property within one hundred eighty days after such publication, the same shall vest in the finder.
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(RSMo 1939 § 15320, A.L. 2003 S.B. 288)
Prior revisions: 1929 § 14230; 1919 § 7290; 1909 § 8271
(1964) Supreme Court did not have jurisdiction of appeal where minority stockholder contended majority stockholders had improperly purchased stock from another corporation in which they held controlling interest for $1,250,000, substantially in excess of its worth, but expressly alleged that exact amount of losses resulting was unknown to him and could only be ascertained by an accounting. Molasky v. Lapin (Mo.), 384 S.W.2d 613.
(1967) Only the interest earned prior to judgment date and the principal are computed to determine the jurisdictional amount in dispute on appeal. Missouri Pacific Railroad Company v. Terrell (A.), 410 S.W.2d 356.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 447 - Lost and Unclaimed Property › Section 447.050 - Restoration of property, when — owner may sue, when.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 447
• Effective - 28 Aug 1939
447.050. Restoration of property, when — owner may sue, when. —
If, within one year, any owner appear and prove the property, and pay all reasonable charges, the finder shall restore the same to him; and on failure to make restoration of such property, or the appraised value thereof, on being tendered such charges, the owner may recover the same or the value thereof, by civil action, in any court having jurisdiction.
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(RSMo 1939 § 15321)
Prior revisions: 1929 § 14231; 1919 § 7291; 1909 § 8272
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 447 - Lost and Unclaimed Property › Section 447.060 - Failure to discover — penalty.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 447
• Effective - 28 Aug 1939
447.060. Failure to discover — penalty. —
If any person find any money, property or other valuable thing, and fail to make discovery of the same as required by this chapter, he shall forfeit to the owner double the value thereof.
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(RSMo 1939 § 15322)
Prior revisions: 1929 § 14232; 1919 § 7292; 1909 § 8273