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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 442

previous next Effective - 28 Aug 1939bottom

  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.).


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

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