Section 528.400

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 528

Effective - 28 Aug 1939   

  528.400.  Sheriff to collect purchase money, make deed to purchaser — proceedings if sheriff or purchaser dies. — 1.  The sheriff shall take the notes and bonds for the purchase money, collect and pay over the same according to the order of the court, and make the deed to the purchaser, which shall be acknowledged or proved and recorded in the same manner as conveyances made by the sheriff of lands sold under execution, and shall be a bar against all persons interested in such premises who shall have been parties to the proceedings, and against all persons claiming from such parties, or either of them.

  2.  If the sheriff shall, before execution and acknowledgment of the deed to the purchaser, die, or be removed from office, or remove from the county where the land is situate, then the court having jurisdiction of the cause wherein partition was adjudged shall, on the application of the purchaser, order the successor of the sheriff making the sale, in office at the time of making such application, to execute and acknowledge the deed to the purchaser, and such successor is hereby fully empowered to do so; and the deed, executed and acknowledged by such successor, shall have the same force and effect in law and equity as though executed and acknowledged by the sheriff making the sale.

  3.  If, after confirmation of the sale of any real estate sold under the provisions of this chapter, and before execution and acknowledgment of the deed therefor by the sheriff to the purchaser, the purchaser shall sell and assign his whole interest in the land purchased by him, then the court having jurisdiction of the cause wherein partition was adjudged shall, on application of the assignee and the production of unequivocal proof of the fact of sale and assignment, order the sheriff or his successor in office at the time of such application, to execute and acknowledge the deed to such assignee, and the sheriff or his successor is hereby fully empowered to do so; and the deed so executed and acknowledged shall have the same force and effect in law and equity as though executed and acknowledged by the sheriff to the original purchaser.

  4.  If, in case of the sale of any lands under the provisions of this chapter, the purchaser shall die before the execution and acknowledgment of the deed therefor, the court having jurisdiction of the cause wherein partition was adjudged shall on proof of the fact of the purchaser's death, submitted by his widow and heirs, or any or either of them, or by his executor or administrator, order the sheriff making the sale, or his successor, at the time such proof is submitted, to execute and acknowledge the deed to the heirs of decedent, subject to the dower interest therein of his widow, if there be one, and such deed shall be executed and acknowledged by the sheriff or such successor accordingly.

­­--------

(RSMo 1939 § 1748)

Prior revisions: 1929 § 1584; 1919 § 2032; 1909 § 2596