Missouri Laws 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;
Terms Used In Missouri Laws 442.420
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- Grantor: The person who establishes a trust and places property into it.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
- real estate: shall be construed as coextensive in meaning with lands, tenements and hereditaments, and as embracing all chattels real and as including a manufactured home as defined in section 700. See Missouri Laws 442.010
(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.