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Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS

Chapter 490

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  490.410.  Acknowledged instruments affecting realty. — Every instrument in writing, conveying or affecting real estate, which shall be acknowledged or proved, and certified as herein prescribed, may, together with the certificates of acknowledgment or proof, and relinquishment, be read in evidence, without further proof.

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(RSMo 1939 § 3435)

Prior revisions: 1929 § 3048; 1919 § 2207; 1909 § 2818

CROSS REFERENCE:

Instruments affecting real estate in foreign language, sworn translation evidence, when, 442.140

(1952) This section means that a certificate of acknowledgment is prima facie evidence that the deed was duly executed; that is that it was signed and delivered. Baker v. Baker, 363 Mo. 318, 251 S.W.2d 31.

(1955) Bond, given by purchaser of land to insure against forbidden use, which was executed by corporation in manner prescribed by statute, acknowledged and recorded, held admissible in evidence and imported a consideration. Cook v. Tide Water Associated Oil Co. (A.), 281 S.W.2d 415.


---- end of effective   28 Aug 1939 ----

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