Recitals in deeds, evidence of heirship in certain cases
When someone sells land by claiming they are an heir of a dead person, they can write that claim in the deed or sign a sworn statement about it. If that person later dies, leaves the state, or cannot testify in court, that written claim can be used as evidence in a court case about who owns the land. But this only works if the deed was recorded at the county recorder's office at least five years before the lawsuit was filed, and if someone claiming the land paid taxes on it for at least three different years before the lawsuit.
490.370. in s, of in certain cases. — In any deed heretofore or hereafter made, by any person or persons claiming to be the or of some other person, if a shall have been or shall be made in said deed, showing or tending to show such heirship, or , or if there shall have been, or shall be, an made in connection with said deed by one or more of the s thereof, and attached to said deed, with a recital therein, showing, or tending to show, such heirship or kinship, such recital in such deed or such affidavit or both or the , may be as the of the persons making such deed or affidavit, in the trial of any suit in any court in this state wherein the to the real estate described in said deed, or any part thereof, is involved or called in question in any manner; provided, however, that the maker of such deed and affidavit shall be dead or absent from the state or otherwise in suit, and, that before such recital or affidavit shall be it must be shown that the said deed was , in the office of the of the county where said real estate, or some part thereof, is situated, at least five years before the of the suit wherein such recital, or affidavit, is offered in evidence; and provided further, that the same person claiming title to said real estate, or some part thereof, or interest therein, or some person through whom he under or through said deed, shall have paid taxes on the land described in said deed, or some part thereof, or interest therein, for three different years before the filing of such suit.
(RSMo 1939 § 1851)
Prior revisions: 1929 § 1687; 1919 § 5374
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Related Missouri laws
Evidence of execution of real estate instrument
RSMo 490.360
Deeds recorded thirty years before 1874
RSMo 490.380
Copies of recorded instruments
RSMo 490.350
Copies evidence when original lost
RSMo 490.390
Sheriff's deed in tax sale, evidence of what
RSMo 490.400
Certain recorded instruments to impart notice, when
RSMo 490.340
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.