443.010. Mortgage, assumption of upon purchase not construed to extend mortgage to other lands, when. - Missouri Statutes

Mortgage, assumption of upon purchase not construed to extend mortgageto other lands, when.

443.010. Where, by any deed which shall be hereafterexecuted, two or more lots or tracts of land or interests in suchshall be conveyed, and upon one or more of such tracts or lotsthere shall be any mortgage or deed of trust, or lien orencumbrance not covering the other or others of such tracts, thepayment of which shall be assumed in said deed, or where suchmortgage or deed of trust or encumbrance shall be so recited insaid deed that the payment of it might be claimed to constitute apart of the consideration of such deed, such mortgage or deed oftrust or other encumbrance shall not be held by reason of suchassumption or recital to constitute a vendor's lien upon, or toaffect in any way, any property other than that specificallycovered by such mortgage or deed of trust or other encumbranceunless it be clearly and in express words provided and set forthin said deed that it is intended by such assumption or recital tofasten such mortgage or deed of trust or other encumbrance as avendor's lien upon any of the property conveyed, other than thatspecifically and prior thereto covered by it.

(RSMo 1939 § 3448)

Prior revisions: 1929 § 3061; 1919 § 2220

(1900) Prior to enactment of this law grantor conveyed tracts A & B, each subject to a separate deed of trust, by warranty deed, in which grantee assumed payment of the encumbrances as part of the purchase money. Assignee of mortgagee of tract A brought suit to recover balance owing on encumbrance of tract A from grantor and grantee and to enforce against tract B, in hands of subsequent purchaser, a vendor's lien. Upheld. West Plains Bank v. Edwards, 84 Mo. App. 462.