reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.090 - Conveyances by minor veterans valid when necessary to obtain advantage of federal law.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1999
442.090. Conveyances by minor veterans valid when necessary to obtain advantage of federal law. —
1. For the purposes of taking advantage of the Servicemen's Readjustment Act of 1944, as amended, any person who is a resident of Missouri and who served honorably in the active military or naval service of the United States may execute a deed of trust, mortgage, or other instrument, affecting the title to or disposition of real or personal property, or a power of attorney, the validity of which is governed by the law of this state.
2. For the purpose of taking advantage of such federal act, as amended, such person may also contract, or borrow money, for the purchase or construction of homes, farms and business property whether the money is to be used in purchasing residential property or in constructing a dwelling on unimproved property owned by the veteran to be occupied as his or her home.
3. For the purposes of taking advantage of such federal act, as amended, such person may also borrow money for the purpose of making repairs, alterations, or improvements in, or paying delinquent indebtedness, taxes, or special assessments on residential property owned by the veteran and used by him or her as his or her home.
4. For the purposes of taking advantage of such federal act, as amended, such person may also borrow money to purchase any land, buildings, livestock, equipment, machinery or implements, or in repairing, altering, or improving any buildings or equipment, to be used in farming operations, borrow money to purchase any business, land, buildings, supplies, equipment, machinery, or tools to be used in pursuing a gainful occupation, other than farming, and to borrow money, enter into a contract, agreement or other instrument in writing as may be necessary pursuant to the Servicemen's Readjustment Act of 1944, as amended.
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(L. 1945 p. 1182 § 1, A.L. 1953 p. 616, A.L. 1999 H.B. 136 merged with S.B. 188)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.095 - Sections 442.090 to 442.120 applicable to whom.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1999
442.095. Sections 442.090 to 442.120 applicable to whom. —
The provisions of sections 442.090 to 442.120 inclusive shall apply to any person otherwise eligible for a loan, guaranty, or insurance on a loan, pursuant to the Act of Congress of the United States entitled the Servicemen's Readjustment Act of 1944, as amended, and the minor spouse of any eligible veteran.
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(L. 1953 p. 616, A.L. 1999 H.B. 136 merged with S.B. 188)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.100 - Disability of minority removed to enable veterans to acquire or convey property.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 24 Jul 1945, see footnote
442.100. Disability of minority removed to enable veterans to acquire or convey property. —
1. The disability of minority of any person not under the age of eighteen otherwise eligible for guaranty of loan pursuant to the Servicemen's Readjustment Act of 1944, as amended, and of the spouse of such person, is hereby removed solely for the purposes of acquiring or encumbering, or selling and conveying property and the incurring of indebtedness or obligations incident to either or both, or the refinancing thereof, and litigating or settling controversies arising therefrom, if all or part of the obligations incident to such transaction be guaranteed by the administrator of veterans' affairs pursuant to such act and an application signed by such minor, or if the property is covered by a loan so guaranteed; provided, nevertheless, that sections 442.090 to 442.120 shall not be construed to impose any other or greater rights or liabilities than would exist if such person and such spouse were each above the age of twenty-one years.
2. Any person who signs any deed of trust, mortgage, contract, agreement, conveyance or other instrument in writing for the purposes required by the provisions of the Servicemen's Readjustment Act of 1944, as amended, if under the age of twenty-one years but not under the age of eighteen years when such instrument is executed, shall not have the right to repudiate the written obligation so made upon reaching the age of twenty-one years for the reason that he or she was under the age of twenty-one years when signing such instrument.
3. Any instrument executed prior to the effective date of sections 442.100 to 442.120
*
by a person in obtaining guaranty of a loan pursuant to the Servicemen's Readjustment Act of 1944, as amended, only who is under the age of twenty-one years but not under the age of eighteen years when signing such instrument is hereby validated, ratified and confirmed.
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(L. 1945 p. 1182 § 2, A.L. 1999 H.B. 136 merged with S.B. 188)
*Effective date of §§ 442.100 to 442.120 was July 24, 1945.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.110 - Honorable discharge of veteran, evidence necessary.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 24 Jul 1945, see footnote
442.110. Honorable discharge of veteran, evidence necessary. —
The record of the discharged veteran in the office of the recorder of deeds of the county of his or her residence, or other official evidence, in writing, of such person's discharge, other than dishonorable, from the military service, as provided for in sections 442.100 to 442.120, shall be deemed and taken as establishing prima facie evidence of such person's eligibility hereunder.
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(L. 1945 p. 1182 § 3)
Effective 7-24-45
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.120 - Loans to underage servicemen authorized.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 24 Jul 1945, see footnote
442.120. Loans to underage servicemen authorized. —
Any person, either natural or corporate, residing or authorized to do business in the state of Missouri, the investment powers of whom or which are governed by statute, is hereby empowered and authorized to make any loan guaranteed as provided by the Servicemen's Readjustment Act of 1944, or for which there is a commitment to so guarantee, or for which a conditional guarantee has been issued, notwithstanding any other provision of law to the contrary relating to powers or authority of such person.
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(L. 1945 p. 1182 § 4)
Effective 7-24-45
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.130 - Execution of deeds and other conveyances — marital status of grantor required on written instruments.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 2022, 2 histories
*442.130. Execution of deeds and other conveyances — marital status of grantor required on written instruments. —
1. All deeds or other conveyances of lands, or of any estate or interest therein, shall be subscribed by the party granting the same, or by his lawful agent, and shall be acknowledged or proved and certified in the manner herein prescribed.
2. All written instruments conveying real estate or any interest in real estate shall state whether any natural person acting as grantors, mortgagors, or other parties executing the instrument are married or unmarried.
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(RSMo 1939 § 3406, A.L. 2022 H.B. 1606 merged with H.B. 1662)
Prior revisions: 1929 § 3019; 1919 § 2179; 1909 § 2792
*Revisor's Note: This section was amended identically by both H.B. 1606 and H.B. 1662, 2022. In 2023, H.B. 1606 was declared unconstitutional (see annotation below). The H.B. 1662 language remains in effect.
(2002) Section only requires the grantor actually conveying the interest in real property to subscribe a deed. Beck v. Beck, 90 S.W.3d 509 (Mo.App.E.D.).
(2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution. The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety. Byrd, et al. v. State of Missouri, et al., Case No. SC100045 (Mo.banc, Dec. 19, 2023).
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.135 - Descriptions of subdivided property, contents.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 2019
442.135. Descriptions of subdivided property, contents. —
1. If a property is subdivided and a new property description is created, such property description shall include the name, and professional license number, if applicable, of the person that created the property description.
2. No person shall submit for recording a conveyance of any property under subsection 1 of this section unless the property description of such property contains the information required in subsection 1 of this section.
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(L. 2019 S.B. 36)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.140 - Execution of deeds in foreign language — translation — recording.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.140. Execution of deeds in foreign language — translation — recording. —
1. All deeds, mortgages or other instruments of writing conveying or affecting real estate, and all proofs and acknowledgments of the same executed in a foreign country, and in accordance with the laws of this state, may be made and taken in the language of such country.
2. And the same, accompanied with a sworn translation in English of the same, by the recorder of land titles in the county where recorded, shall be entitled to record and be received in evidence in any court in this state, in like manner as if the same were originally written in the English language.
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(RSMo 1939 § 3412)
Prior revisions: 1929 § 3025; 1919 § 2184; 1909 § 2795
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.145 - Personal appearance, acknowledgement by communication technology.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 2020
442.145. Personal appearance, acknowledgement by communication technology. —
1. For the purposes of sections 442.150 to 442.360, a person may personally appear before the officer taking the acknowledgment by:
(1) Being in the same physical location as another person and close enough to see, hear, communicate with, and exchange tangible identification credentials with that individual; or
(2) Interacting with another individual by means of communication technology that complies with the provisions of sections 486.600 to 486.1205.
2. The acknowledging officer shall designate in the acknowledgment form, as provided in section 442.210, whether the principal personally appeared before the officer pursuant to subdivision (1) or (2) of subsection 1 of this section. In cases of a personal appearance under subdivision (2) of subsection 1 of this section, it shall be deemed in compliance with sections 442.150 to 442.360 if the acknowledging officer amends the acknowledgment form to read "before me personally appears by means of communication of technology".
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(L. 2020 H.B. 1655)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.150 - Proof or acknowledgment, by whom taken.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1949
442.150. Proof or acknowledgment, by whom taken. —
The proof or acknowledgment of every conveyance or instrument in writing affecting real estate in law or equity, including deeds of married women, shall be taken by some one of the following courts or officers:
(1) If acknowledged or proved within this state, by some court having a seal, or some judge, justice or clerk thereof, or a notary public; or
(2) If acknowledged or proved without this state and within the United States, by any notary public or by any court of the United States, or of any state or territory, having a seal, or the clerk of any such court or any commissioner appointed by the governor of this state to take the acknowledgment of deeds;
(3) If acknowledged or proved without the United States, by any court of any state, kingdom or empire having a seal or the mayor or chief officer of any city or town having an official seal or by any minister or consular officer of the United States or notary public having a seal.
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(RSMo 1939 § 3408, A. 1949 S.B. 1124)
Prior revisions: 1929 § 3021; 1919 § 2181; 1909 § 2794
CROSS REFERENCES:
Acknowledgment of deed of trust taken before trustee in said deed deemed valid, when, 443.030
Commissioners of deeds in sister states, appointment, oath, powers, 486.100 to 486.140
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.155 - Acknowledgment of instruments not affecting lands — certificate — curative provision.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1951
442.155. Acknowledgment of instruments not affecting lands — certificate — curative provision. —
1. All officers within or without the state of Missouri now by the laws of this state authorized to take the proof or acknowledgment of any conveyance or other instrument in writing affecting real estate, shall have the power to take the proof or acknowledgment of any instrument in writing.
2. The certificate of the proof or acknowledgment shall be the same as now provided by law for the certificate of proof of acknowledgment to conveyances or other instruments in writing affecting real estate.
3. Any such proof or acknowledgment heretofore taken by any such officer of any instrument in writing not affecting real estate and which proof or acknowledgment was taken in conformity with the then existing law providing for the proof or acknowledgment of conveyances or other instruments in writing affecting real estate, are hereby validated and legalized for all purposes from and after the effective date of this section. It shall not be necessary to rerecord any such instrument.
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(L. 1951 p. 751 §§ 1, 2, 3)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.180 - Certificate to be endorsed on conveyance.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.180. Certificate to be endorsed on conveyance. —
Every court or officer taking the proof or acknowledgment of any conveyance or instrument of writing affecting real estate, or the relinquishment of the dower of a married woman, shall grant a certificate thereof, and cause the same to be endorsed on such conveyance or instrument of writing.
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(RSMo 1939 § 3413)
Prior revisions: 1929 § 3026; 1919 § 2185; 1909 § 2796
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.190 - Certificate, how made.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.190. Certificate, how made. —
Such certificate shall be
(1) When granted by a court, under the seal of the court;
(2) When granted by the clerk of the court, under the hand of the clerk and seal of the court of which he is clerk;
(3) When granted by an officer who has a seal of office, under the hand and official seal of such officer;
(4) When granted by an officer who has no seal of office, under the hand of such officer.
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(RSMo 1939 § 3414)
Prior revisions: 1929 § 3027; 1919 § 2186; 1909 § 2797
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.200 - Identity of persons making acknowledgments, how ascertained.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.200. Identity of persons making acknowledgments, how ascertained. —
No acknowledgment of any instrument in writing conveying real estate, or whereby any real estate may be affected, shall be taken, unless the persons offering to make such acknowledgment shall be personally known to at least one judge of the court, or to the officer taking the same, to be the person whose name is subscribed to such instrument as a party thereto, or shall be proved to be such by at least two credible witnesses.
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(RSMo 1939 § 3415)
Prior revisions: 1929 § 3028; 1919 § 2187; 1909 § 2798
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.220 - Conveyances of bounty lands, how acknowledged.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.220. Conveyances of bounty lands, how acknowledged. —
Every instrument of writing executed out of this state, and within the United States, which conveys or affects military bounty lands in this state, and which is acknowledged or proved according to the laws and usages of the place where executed, shall be received and recorded in the county where such lands lie.
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(RSMo 1939 § 3441)
Prior revisions: 1929 § 3054; 1919 § 2213; 1909 § 2824
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.230 - Such instrument valid.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.230. Such instrument valid. —
Every such instrument thus acknowledged or proved shall be as effectual and valid as if such acknowledgment or proof had been made in accordance with the laws of this state.
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(RSMo 1939 § 3442)
Prior revisions: 1929 § 3055; 1919 § 2214; 1909 § 2825
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.240 - Such instrument, filed for record, to impart notice.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.240. Such instrument, filed for record, to impart notice. —
Every such instrument which has been filed for record or recorded in the proper office, although such filing or recording may not have been in accordance with any law in force, shall hereafter impart the same notice as if the same had been filed or recorded in accordance with law; and all such deeds hereafter filed or recorded shall, from the time of filing or recording the same, impart the same notice as if the same had been acknowledged or proved and filed or recorded in accordance with the laws regulating the acknowledgment or proof of such instruments executed within this state.
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(RSMo 1939 § 3443)
Prior revisions: 1929 § 3056; 1919 § 2215; 1909 § 2826
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.250 - Copies to be read in evidence.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.250. Copies to be read in evidence. —
Copies of such instruments or of the record of the same, duly certified by the recorder of the county in which the same may have been recorded, shall, upon proof of the loss or destruction of the original instrument, be read in evidence, with like effect and on the same conditions as the original instrument.
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(RSMo 1939 § 3444)
Prior revisions: 1929 § 3057; 1919 § 2216; 1909 § 2827
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.260 - Proof of execution of instruments.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.260. Proof of execution of instruments. —
The proof of the execution of any instrument in writing, conveying real estate, or whereby any real estate may be affected in law or equity, shall be:
(1) By the testimony of a subscribing witness; or
(2) When all the subscribing witnesses are dead or cannot be had, by evidence of the handwriting of the party, and of at least one subscribing witness, given by at least two credible witnesses to each signature.
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(RSMo 1939 § 3417)
Prior revisions: 1929 § 3030; 1919 § 2189; 1909 § 2800
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.270 - When proof of subscribing witness shall be taken.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.270. When proof of subscribing witness shall be taken. —
No proof by a subscribing witness shall be taken, unless such witness shall be personally known to at least one judge of the court, or to the officer taking the proof, to be the person whose name is subscribed to the instrument as a witness thereto or shall be proved to be such by at least two credible witnesses.
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(RSMo 1939 § 3418)
Prior revisions: 1929 § 3031; 1919 § 2190; 1909 § 2801
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.280 - What subscribing witness shall prove before certificate shall be granted.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.280. What subscribing witness shall prove before certificate shall be granted. —
No certificate of such proof shall be granted, unless such subscribing witness shall prove that the person whose name is subscribed thereto as a party is the person who executed the same; that such person executed the instrument, and that such witness subscribed his name as a witness thereof.
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(RSMo 1939 § 3419)
Prior revisions: 1929 § 3032; 1919 § 2191; 1909 § 2802
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.290 - What facts certificate of proof shall set forth.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.290. What facts certificate of proof shall set forth. —
The certificate of such proof shall set forth the following matters:
(1) The fact that such subscribing witness was personally known to at least one judge of the court, or to the officer granting the certificate, to be the person whose name is subscribed to such instrument as a witness thereto or was proved to be such by at least two witnesses, whose names and places of residence shall be inserted in the certificate;
(2) The proof given by such witnesses of the execution of such instrument, and of the facts that the person whose name is subscribed to such instrument as party thereto is the person who executed the same, and that such witness subscribed his name to such instrument as a witness thereof.
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(RSMo 1939 § 3420)
Prior revisions: 1929 § 3033; 1919 § 2192; 1909 § 2803
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.300 - Proof, when grantor and witnesses are dead.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.300. Proof, when grantor and witnesses are dead. —
No proof, by evidence of the handwriting of the party and of a subscribing witness, shall be taken, unless the court or officer taking the same shall be satisfied that all the subscribing witnesses to such instrument are dead or cannot be had to prove the execution thereof.
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(RSMo 1939 § 3421)
Prior revisions: 1929 § 3034; 1919 § 2193; 1909 § 2804
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.310 - Certificate of proof, when granted.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.310. Certificate of proof, when granted. —
No certificate of any such proof shall be granted, unless at least two credible witnesses shall state, on oath or affirmation, that they personally knew the person whose name is subscribed thereto as a party, well know his signature, stating their means of knowledge, and believe the name of the person subscribed thereto as a party was subscribed by such person; nor unless at least two credible witnesses shall, in like manner, state that they personally knew the person whose name is subscribed in such instrument as a witness, well knew his signature, stating their means of knowledge, and believe the name subscribed thereto as a witness was thereto subscribed by such person.
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(RSMo 1939 § 3422)
Prior revisions: 1929 § 3035; 1919 § 2194; 1909 § 2805
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.320 - Certificate to recite evidence required by section 442.310.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.320. Certificate to recite evidence required by section 442.310. —
The certificate of such proof shall set forth the names of the witnesses examined, and their places of residence, the fact that such witnesses were sworn, and the evidence required by section 442.310 to be by them given.
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(RSMo 1939 § 3423)
Prior revisions: 1929 § 3036; 1919 § 2195; 1909 § 2806
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.330 - Subscribing witnesses, when and how summoned to prove execution of instrument.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.330. Subscribing witnesses, when and how summoned to prove execution of instrument. —
Upon the application of any grantee in any instrument in writing required to be recorded or of any person claiming under such grantee, verified by the oath of the applicant, that any witness to such instrument residing in the county where such application is made refuses to appear and testify touching the execution thereof, and that such instrument cannot be proved without his evidence, any court or officer authorized to take the acknowledgment or proof of such instrument may issue a subpoena requiring such witness to appear before such court or officer and testify touching the execution thereof.
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(RSMo 1939 § 3424)
Prior revisions: 1929 § 3037; 1919 § 2196; 1909 § 2807
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.340 - Remedy against persons refusing to appear and answer.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.340. Remedy against persons refusing to appear and answer. —
Every person who, being served with such subpoena, shall, without reasonable cause, refuse or neglect to appear or, appearing, shall refuse to answer, upon oath, touching the matters aforesaid, shall forfeit to the party injured one hundred dollars, to be recovered by civil action, and may also be committed to prison by the officer who issued such subpoena, there to remain without bail until he shall submit to answer, upon oath, as aforesaid.
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(RSMo 1939 § 3425)
Prior revisions: 1929 § 3038; 1919 § 2197; 1909 § 2808
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.350 - Provisions relating to acknowledgment or proof not to extend to last wills and testaments.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.350. Provisions relating to acknowledgment or proof not to extend to last wills and testaments. —
None of the foregoing provisions in relation to the acknowledgment, proof or recording of instruments in writing, affecting real estate, shall be construed as extending to last wills and testaments.
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(RSMo 1939 § 3440)
Prior revisions: 1929 § 3053; 1919 § 2212; 1909 § 2823
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.360 - Powers of attorney, how acknowledged and proved.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.360. Powers of attorney, how acknowledged and proved. —
Every letter of attorney or other instrument containing a power to convey real estate, as agent or attorney for the owner thereof, or to execute, as agent or attorney for another, any instrument in writing conveying real estate, or whereby real estate may be affected in law or equity, shall be acknowledged or proved, and certified and recorded, as other instruments in writing conveying or affecting real estate are required to be acknowledged or proved and certified and recorded.
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(RSMo 1939 § 3433)
Prior revisions: 1929 § 3046; 1919 § 2205; 1909 § 2816
CROSS REFERENCE:
Letters of attorney other than for the conveyance of real estate--how acknowledged and proved--read in evidence, when, 490.570
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.370 - When deemed revoked.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
• Effective - 28 Aug 1939
442.370. When deemed revoked. —
No such letter of attorney, or other instrument, certified and recorded in the manner prescribed in the preceding section, shall be deemed to be revoked by any act of the party by whom it was executed, until the instrument containing such revocation shall be deposited for record in the same office in which the instrument containing the power is recorded.
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(RSMo 1939 § 3434)
Prior revisions: 1929 § 3047; 1919 § 2206; 1909 § 2817
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.380 - Instruments to be recorded.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.380. Instruments to be recorded. —
Every instrument in writing that conveys any real estate, or whereby any real estate may be affected, in law or equity, proved or acknowledged and certified in the manner herein prescribed, shall be recorded in the office of the recorder of the county in which such real estate is situated.
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(RSMo 1939 § 3426)
Prior revisions: 1929 § 3039; 1919 § 2198; 1909 § 2809
CROSS REFERENCES:
Deed acknowledged and recorded under former law or copy, admissible in evidence, when, 490.290, 490.300, 490.310
Deed recorded before proof or acknowledgment, admissible in evidence, when, 490.320, 490.330
Idem sonans in names in instruments affecting real estate, rule as to admissibility, 490.450
Index of recorded instruments to be kept, 59.470
Instruments affecting real estate or copy read in evidence, when, 490.410, 490.420
Judgment or decree quieting or passing title to be recorded, 511.320
Recording of instruments in class one counties where recorder is required to maintain offices both at the county seat and another place in the county, 59.163
(2004) Special tax bill and resulting lien authorized by section 88.812 are not subject to recording requirement of section or to "first in time, first in right" rule of perfecting a security interest. Golden Delta Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App.E.D.).
(2012) Application of recording statutes and the "first spade rule"for mechanic's liens in section 429.060 provide that a purchase-money deed of trust recorded after the commencement of work on a project is inferior to any mechanic's liens arising on the land from that work. Bob DeGeorge Associates v. Hawthorn Bank, 377 S.W.3d 592 (Mo.banc).
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.390 - Notice imparted from time of filing for record.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.390. Notice imparted from time of filing for record. —
Every such instrument in writing, certified and recorded in the manner herein prescribed, shall, from time of filing the same with the recorder for record, impart notice to all persons of the contents thereof and all subsequent purchasers and mortgagees shall be deemed, in law and equity, to purchase with notice.
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(RSMo 1939 § 3427)
Prior revisions: 1929 § 3040; 1919 § 2199; 1909 § 2810
CROSS REFERENCE:
Instruments recorded, though not properly certified, to impart notice, when, 490.340
(1953) While recorded sheriff's deed reciting consideration gives remote purchasers constructive notice thereof, it is not sufficient in itself to constitute notice that such consideration is inadequate. Shaeffer v. Moore (Mo.), 262 S.W.2d 854.
(1959) Facts of which purchaser of property is charged with knowledge from record of title discussed. Jackson v. Klein (Mo.), 320 S.W.2d 553.
(1964) Although recording of deed does not in itself operate as delivery of deed, it does create presumption or prima facie case of delivery and where plaintiff waited almost 12 years after knowledge of recordation and seven years after death of wife who joined in the deed and was an important factual witness, to bring suit to set aside deed for lack of delivery, suit was barred by laches. Rebmann v. Rebmann (Mo.), 384 S.W.2d 663.
(2004) Special tax bill and resulting lien authorized by section 88.812 are not subject to recording requirement of section or to "first in time, first in right" rule of perfecting a security interest. Golden Delta Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App.E.D.).
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.400 - Not valid until recorded.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.400. Not valid until recorded. —
No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the recorder for record.
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(RSMo 1939 § 3428)
Prior revisions: 1929 § 3041; 1919 § 2200; 1909 § 2811
(2004) Special tax bill and resulting lien authorized by section 88.812 are not subject to recording requirement of section or to "first in time, first in right" rule of perfecting a security interest. Golden Delta Enterprises v. City of Arnold, 151 S.W.3d 119 (Mo.App.E.D.).
(2012) Application of recording statutes and the "first spade rule"for mechanic's liens in section 429.060 provide that a purchase-money deed of trust recorded after the commencement of work on a project is inferior to any mechanic's liens arising on the land from that work. Bob DeGeorge Associates v. Hawthorn Bank, 377 S.W.3d 592 (Mo.banc).
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.410 - Deeds to be recorded, where record lost — fees.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.410. Deeds to be recorded, where record lost — fees. —
And in case any person or persons may have any deed or deeds or other instrument of writing, the record of which is lost or destroyed, it shall be the duty of the recorder of deeds, upon the request of such person or persons, to record such deed or deeds or other instrument of writing, together with all certificates and endorsements thereon, or thereto attached, and forming a part thereof; provided, such recorder shall receive the same fees for recording such deed, decree or other instrument of writing as is now provided by law.
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(RSMo 1939 § 1695)
Prior revisions: 1929 § 1531; 1919 § 1981; 1909 § 2545
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.420 - "Grant, bargain and sell", how construed.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.420. "Grant, bargain and sell", how construed. —
The words
"grant, bargain and sell"
, in all conveyances in which any estate of inheritance in fee simple is limited, shall, unless restrained by expressed terms contained in such conveyances, be construed to be the following expressed covenants on the part of the grantor, for himself and his heirs to the grantee, his heirs and assigns:
(1) That the grantor was, at the time of the execution of such conveyance, seized of an indefeasible estate, in fee simple, in the real estate thereby granted;
(2) That such real estate was, at the time of the execution of such conveyance, free from encumbrances done or suffered by the grantor or any person under whom he claims;
(3) For further assurances of such real estate to be made by the grantor and his heirs to the grantee and his heirs and assigns; and may be sued upon in the same manner as if such covenants were expressly inserted in the conveyance.
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(RSMo 1939 § 3407)
Prior revisions: 1929 § 3020; 1919 § 2180; 1909 § 2793
(1977) Purchaser at foreclosure sale not entitled to cancellation and refund when he later discovered he had purchased only a life estate. Words "bargain, sell and convey" do not import a covenant of fee simple title. Use of word "heirs" does not create a warranty of fee simple title. Michie v. National Bank of Caruthersville (A.), 558 S.W.2d 270.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.430 - Title acquired by grantor after conveyance inures to grantee.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.430. Title acquired by grantor after conveyance inures to grantee. —
Where a grantor, by the terms of his deed, undertakes to convey to the grantee an indefeasible estate in fee simple absolute, and shall not, at the time of such conveyance, have the legal title to the estate sought to be conveyed, but shall afterward acquire it, the legal estate subsequently acquired by him shall immediately pass to the grantee; and such conveyance shall be as effective as though such legal estate had been in the grantor at the time of the conveyance.
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(RSMo 1939 § 3497)
Prior revisions: 1929 § 3107; 1919 § 2266; 1909 § 2871
(1959) When person executes two or more mortgages or deeds of trust on the same land, a foreclosure of the senior mortgage will only temporarily extinguish or cut out a junior mortgage, if the mortgagor subsequently acquires title to the land, and the junior mortgage will be revived and reinstated against the land. Sabine v. Leonard (Mo.), 322 S.W.2d 831.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.440 - Conveyances to counties for their use — effect.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.440. Conveyances to counties for their use — effect. —
All deeds, grants and conveyances made, acknowledged and recorded as other deeds conveying lands, tenements or hereditaments to any county, or the inhabitants of any county, and their successors, or to the governor, or any person, by whatever form of conveyance, for the use and benefit of any county, shall vest in such county, in fee simple, all the right, title, interest and estate which the grantor in such deed had, at the time of the execution thereof, in the lands thereby conveyed.
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(RSMo 1939 § 3505)
Prior revisions: 1929 § 3115; 1919 § 2274; 1909 § 2879
CROSS REFERENCE:
Commissioner to sell county lands--deeds by, 49.280, 49.290
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.450 - Conveyance to more than one — effect.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.450. Conveyance to more than one — effect. —
Every interest in real estate granted or devised to two or more persons, other than executors and trustees and husband and wife, shall be a tenancy in common, unless expressly declared, in such grant or devise, to be in joint tenancy.
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(RSMo 1939 § 3504)
Prior revisions: 1929 § 3114; 1919 § 2273; 1909 § 2878
(1961) Deed drawn by layman conveying land to mother and daughter "as tenants by entirety and to the survivor of them", and repeating such language in the quitclaim provision and in the habendum clause created a joint tenancy in mother and daughter. Powers v. Buckowitz (Mo.), 347 S.W.2d 174.
(1962) Land devised to three people "to share equally and to the survivors of them" created a joint life tenancy in devisees with a contingent remainder in the survivor, and no joint tenant can by conveyance, partition or otherwise destroy the right of survivorship. Johnson v. Woodard (A.), 356 S.W.2d 526.
(1967) The use of the words "as tenants by the entirety" in relation to two persons who are not husband and wife creates no presumption of a joint tenancy. Horton v. Estate of Elmore (A.), 420 S.W.2d 48.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.460 - The term "heirs" not necessary to convey a fee simple estate.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.460. The term "heirs" not necessary to convey a fee simple estate. —
The term "heirs", or other words of inheritance, shall not be necessary to create or convey an estate in fee simple, and every conveyance of real estate shall pass all the estate of the grantor therein, unless the intent to pass a less estate shall expressly appear, or be necessarily implied in the terms of the grant.
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(RSMo 1939 § 3496)
Prior revisions: 1929 § 3106; 1919 § 2265; 1909 § 2870
CROSS REFERENCE:
Devise omitting words "heirs and assigns" creates fee simple, 474.480
(1959) Provision of contract conveying realty, granting to purchaser soil from the seller's adjoining tract for a fill on the land conveyed held to be a covenant running with the land even though such provision omitted the words "his heirs and assigns". Kerrick v. Schoenberg (Mo.), 328 S.W.2d 595.
(1960) Conveyance to two persons with habendum clause reciting that grantees are to hold "as joint tenants, and not as tenants in common, with right of survivorship, and to their heirs and assigns forever" created joint tenancy and the right of survivorship was defeated by a subsequent conveyance by one of joint tenants. McClendon v. Johnson (Mo.), 337 S.W.2d 77.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.470 - Entails not allowed — the remainder in fee simple — to whom it shall pass.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.470. Entails not allowed — the remainder in fee simple — to whom it shall pass. —
In cases where, by the common or statute law of England, any person might become seized in fee tail of any lands, by virtue of any devise, gift, grant or other conveyance, or by any other means whatever, such person, instead of being seized thereof in fee tail, shall be deemed and adjudged to be, and shall become, seized thereof for his natural life only; and the remainder shall pass in fee simple absolute to the person to whom the estate tail would, on the death of the first grantee, devisee or donee in tail, first pass according to the course of the common law, by virtue of such devise, gift, grant or conveyance.
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(RSMo 1939 § 3498)
Prior revisions: 1929 § 3108; 1919 § 2267; 1909 § 2872
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.480 - Remainder to take effect on death of person without heirs — how construed.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.480. Remainder to take effect on death of person without heirs — how construed. —
Where a remainder in lands or tenements, goods or chattels, shall be limited, by deed or otherwise, to take effect on the death of any person without heirs, or heirs of his body, or without issue, or on failure of issue, the words
"heirs"
or
"issue"
shall be construed to mean heirs or issue living at the death of the person named as ancestor.
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(RSMo 1939 § 3499)
Prior revisions: 1929 § 3109; 1919 § 2268; 1909 § 2873
CROSS REFERENCE:
Adopted child may prevent failure of issue, 453.090
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.490 - Remainder limited to heirs of a person having a life estate — how disposed of.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.490. Remainder limited to heirs of a person having a life estate — how disposed of. —
Where a remainder shall be limited to the heirs, or heirs of the body, of a person to whom a life estate in the same premises shall be given, the persons who, on the termination of the life estate, shall be the heir or heirs of the body of such tenant for life shall be entitled to take as purchasers in fee simple, by virtue of the remainder so limited in them.
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(RSMo 1939 § 3500)
Prior revisions: 1929 § 3110; 1919 § 2269; 1909 § 2874
CROSS REFERENCE:
Devise for life and to children in fee after his death creates life estate and remainder in fee simple, 474.470
(1957) Conveyance to wife and heirs of her body by warranty deed which contained statement that grantor conveys to grantees "all his right, title and interest in the above land, to be effective at his death, reserving herein a life estate in said land, intending at the death of his wife, Myrtle Weaver, for the land to descend to the heirs of her body", held valid conveyance and not testamentary disposition. Cook v. Daniels (Mo.), 306 S.W.2d 573.
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 442 - Titles and Conveyance of Real Estate › Section 442.500 - Lineal and collateral warranties abolished.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 442
Effective - 28 Aug 1939
442.500. Lineal and collateral warranties abolished. —
Lineal and collateral warranties, with all their incidents, are abolished; but the heirs and devisees of every person who shall have made any covenant or agreement shall be answerable, upon such covenant or agreement, to the extent of the lands descended or devised to them, in the cases and in the manner prescribed by law; and devisees shall be answerable to the same extent as provided by law in case of heirs.
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(RSMo 1939 § 3501)
Prior revisions: 1929 § 3111; 1919 § 2270; 1909 § 2875
(1957) Where remaindermen took by purchase and not by descent or devise, they were not bound by warranties made by grantor in conveyance made subsequent to the conveyance made to them. Cook v. Daniels (Mo), 306 S.W.2d 573.