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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 442

previous next Effective - 28 Aug 1939bottom

  442.420.  "Grant, bargain and sell", how construed. — The words "grant, bargain and sell", in all conveyances in which any estate of inheritance in fee simple is limited, shall, unless restrained by expressed terms contained in such conveyances, be construed to be the following expressed covenants on the part of the grantor, for himself and his heirs to the grantee, his heirs and assigns:

  (1)  That the grantor was, at the time of the execution of such conveyance, seized of an indefeasible estate, in fee simple, in the real estate thereby granted;

  (2)  That such real estate was, at the time of the execution of such conveyance, free from encumbrances done or suffered by the grantor or any person under whom he claims;

  (3)  For further assurances of such real estate to be made by the grantor and his heirs to the grantee and his heirs and assigns; and may be sued upon in the same manner as if such covenants were expressly inserted in the conveyance.

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(RSMo 1939 § 3407)

Prior revisions: 1929 § 3020; 1919 § 2180; 1909 § 2793

(1977) Purchaser at foreclosure sale not entitled to cancellation and refund when he later discovered he had purchased only a life estate. Words "bargain, sell and convey" do not import a covenant of fee simple title. Use of word "heirs" does not create a warranty of fee simple title. Michie v. National Bank of Caruthersville (A.), 558 S.W.2d 270.


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

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