446.210. Abstract of title to lands received in evidence, when. - Missouri Statutes

Abstract of title to lands received in evidence, when.

446.210. In all cases, and in all suits, trials and actions,in any of the courts of this state, and in any of the courts heldwithin this state, in any proceeding relating to, or affectingthe title to lands, or any interest therein, or any lien orencumbrance thereon, any party to such case, suit, trial oraction shall be permitted to offer and introduce as evidencetherein, and all of the said courts shall receive as competentevidence therein, any abstract of title, or land title abstractbook, or books, which are fair upon their face, and which areshown to have been made by any person, in the usual and ordinarycourse of business, prior to the loss, injury or destruction ofthe official records, or parts thereof, of the county wherein thelands affected by such suit, trial or action lie; provided, thatbefore such abstract, or land title abstract books shall beadmissible, the party desiring to offer the same, or his agent,or attorney, shall, orally, in court, or by an affidavit filed inthe cause, state under oath, that the originals of the deeds,conveyances or instruments affecting the title, or some partthereof, are lost, destroyed, or so injured as to be illegible,or that the said originals are not within the power of the partyto produce, and that the record of such deeds, conveyances andinstruments has been lost, destroyed or burned.

(RSMo 1939 § 1951)

Prior revisions: 1929 § 1787; 1919 § 5474; 1909 § 6417