140.600. Suit to set aside tax deeds--actual tender not necessary.

MISSOURI STATUTES AND CODES

140.600. Suit to set aside tax deeds--actual tender not necessary.

Suit to set aside tax deeds--actual tender not necessary.

140.600. 1. No suit or action in any of the courts of thisstate, either at law or in equity, shall hereafter be maintainedby any person or corporation, against any other person orcorporation, for the determination of the title to, or for therecovery of the possession of, any lands which shall have beensold for taxes, or any interest in any such lands, or for thesetting aside or cancellation of any tax deed or sale of land fortaxes alleged to have been void, voidable or defective, unlesssuch person or corporation so seeking to recover such lands, orsome interest therein, or the setting aside of such tax deed ortax sale, shall in his petition offer to refund to the defendanttherein, or to such other person or corporation, from whom andagainst whom such recovery is sought, in such action, all taxespaid by such defendant, or other persons, and his grantors,remote or immediate, or by those under whom he claims, togetherwith interest thereon from the date of payment of such taxes tothe date of the judgment in such action.

2. No actual tender shall be required to be made by suchplaintiff or other person seeking such recovery or cancellationof such deed, but it shall be deemed sufficient if an offer topay the same, as soon as the amount thereof shall be ascertained,shall be made and set out in such petition.

3. All courts before which any such action may be brought ormaintained shall, if the judgment in such action be adverse tothe defendant, or defendants therein, and the recovery of suchland, or any interest therein, be adjudged or decreed, find andadjudge by its decree or judgment the amount of money due to thedefendant, or to other persons, on account of taxes or interestthereon paid as aforesaid by defendant or his grantors asaforesaid, and all such courts may, if such relief be prayed forin the answer, or the other pleading of the defendant, or otherperson, entitled to reimbursement, adjudge and decree that theamount so found by the court, or a jury, shall be and constitutea lien upon the lands recovered or in controversy.