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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 442

previous next Effective - 28 Aug 1939bottom

  442.430.  Title acquired by grantor after conveyance inures to grantee. — Where a grantor, by the terms of his deed, undertakes to convey to the grantee an indefeasible estate in fee simple absolute, and shall not, at the time of such conveyance, have the legal title to the estate sought to be conveyed, but shall afterward acquire it, the legal estate subsequently acquired by him shall immediately pass to the grantee; and such conveyance shall be as effective as though such legal estate had been in the grantor at the time of the conveyance.

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(RSMo 1939 § 3497)

Prior revisions: 1929 § 3107; 1919 § 2266; 1909 § 2871

(1959) When person executes two or more mortgages or deeds of trust on the same land, a foreclosure of the senior mortgage will only temporarily extinguish or cut out a junior mortgage, if the mortgagor subsequently acquires title to the land, and the junior mortgage will be revived and reinstated against the land. Sabine v. Leonard (Mo.), 322 S.W.2d 831.


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

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