528.410. Defective sheriff's deed to be corrected, when and how. - Missouri Statutes

Defective sheriff's deed to be corrected, when and how.

528.410. Whenever it shall be shown to the circuit court bymotion in writing, verified by affidavit, that any sheriff hasexecuted and delivered to the purchaser a defective deed inpartition, or one which failed to correctly describe the landactually sold, and that since such defective conveyance no otherperson has obtained adverse and intervening rights which would beprejudiced, then the court shall order the sheriff who made suchdefective conveyance, or his successor in office, to execute,acknowledge and deliver a supplemental deed for said land to theoriginal purchaser, his grantee, or to the person or personsclaiming by, through or under him, which supplemental deed shallrecite the facts upon which it is based, shall be evidencethereof, and shall have the same force and effect in law andequity as if executed and acknowledged on the date of suchdefective deed. This provision shall apply to defects andmistakes in all such conveyances, whether made prior orsubsequent to this enactment.

(RSMo 1939 § 1749)

Prior revisions: 1929 § 1585; 1919 § 2033; 1909 § 2597