442.420. "Grant, bargain and sell", how construed. - Missouri Statutes

"Grant, bargain and sell", how construed.

442.420. The words "grant, bargain and sell", in allconveyances in which any estate of inheritance in fee simple islimited, shall, unless restrained by expressed terms contained insuch conveyances, be construed to be the following expressedcovenants on the part of the grantor, for himself and his heirsto the grantee, his heirs and assigns:

(1) That the grantor was, at the time of the execution ofsuch conveyance, seized of an indefeasible estate, in fee simple,in the real estate thereby granted;

(2) That such real estate was, at the time of the executionof such conveyance, free from encumbrances done or suffered bythe grantor or any person under whom he claims;

(3) For further assurances of such real estate to be made bythe grantor and his heirs to the grantee and his heirs andassigns; and may be sued upon in the same manner as if suchcovenants were expressly inserted in the conveyance.

(RSMo 1939 § 3407)

Prior revisions: 1929 § 3020; 1919 § 2180; 1909 § 2793

(1977) Purchaser at foreclosure sale not entitled to cancellation and refund when he later discovered he had purchased only a life estate. Words "bargain, sell and convey" do not import a covenant of fee simple title. Use of word "heirs" does not create a warranty of fee simple title. Michie v. National Bank of Caruthersville (A.), 558 S.W.2d 270.