Section 446.180

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