Missouri Laws 528.410 – Defective sheriff’s deed to be corrected, when and how
Terms Used In Missouri Laws 528.410
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
Whenever it shall be shown to the circuit court by motion in writing, verified by affidavit, that any sheriff has executed and delivered to the purchaser a defective deed in partition, or one which failed to correctly describe the land actually sold, and that since such defective conveyance no other person has obtained adverse and intervening rights which would be prejudiced, then the court shall order the sheriff who made such defective conveyance, or his successor in office, to execute, acknowledge and deliver a supplemental deed for said land to the original purchaser, his grantee, or to the person or persons claiming by, through or under him, which supplemental deed shall recite the facts upon which it is based, shall be evidence thereof, and shall have the same force and effect in law and equity as if executed and acknowledged on the date of such defective deed. This provision shall apply to defects and mistakes in all such conveyances, whether made prior or subsequent to this enactment.