Section 528.410

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 528

Effective - 28 Aug 1939   

  528.410.  Defective sheriff's deed to be corrected, when and how. — Whenever it shall be shown to the circuit court by motion in writing, verified by affidavit, that any sheriff has executed and delivered to the purchaser a defective deed in partition, or one which failed to correctly describe the land actually sold, and that since such defective conveyance no other person has obtained adverse and intervening rights which would be prejudiced, then the court shall order the sheriff who made such defective conveyance, or his successor in office, to execute, acknowledge and deliver a supplemental deed for said land to the original purchaser, his grantee, or to the person or persons claiming by, through or under him, which supplemental deed shall recite the facts upon which it is based, shall be evidence thereof, and shall have the same force and effect in law and equity as if executed and acknowledged on the date of such defective deed.  This provision shall apply to defects and mistakes in all such conveyances, whether made prior or subsequent to this enactment.

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(RSMo 1939 § 1749)

Prior revisions: 1929 § 1585; 1919 § 2033; 1909 § 2597