140.460. 1. Such conveyance shall be executed by the county collector,under his hand and seal, witnessed by the county clerk and acknowledged beforethe county recorder or any other officer authorized to take acknowledgmentsand the same shall be recorded in the recorder's office before delivery; afee for recording shall be paid by the purchaser and shall be included in thecosts of sale.
2. Such deed shall be prima facie evidence that the property conveyedwas subject to taxation at the time assessed, that the taxes were delinquentand unpaid at the time of sale, of the regularity of the sale of the premisesdescribed in the deed, and of the regularity of all prior proceedings, thatsaid land or lot had not been redeemed and that the period therefor hadelapsed, and prima facie evidence of a good and valid title in fee simple inthe grantee of said deed; and such deed shall be in the following form, asnearly as the nature of the case will admit, namely:
Whereas, A. B. did, on the .......... day of ....... , 20.., produce tothe undersigned, C. D., collector of the county of in the state of Missouri, acertificate of purchase, in writing, bearing date the ........ day of......... 20.., signed by E. F., who at the last mentioned date was collectorof said county, from which it appears that the said A. B. did, on the................ day of ....... , 20.., purchase at public auction at thedoor of the courthouse in said county, the tract, parcel or lot of land lastlyin this indenture described, and which lot was sold to .............. for thesum of ........ dollars and ........ cents, being the amount due on thefollowing tracts or lots of land, returned delinquent in the name of G. H.,for nonpayment of taxes, costs and charges for the year ....... , namely:(Here set out the lands offered for sale); which said lands have beenrecorded, among other tracts, in the office of said collector, as delinquentfor the nonpayment of taxes, costs, and charges due for the year lastaforesaid, and legal publication made of the sale of said lands; and itappearing that the said A. B. is the legal owner of said certificate ofpurchase and the time fixed by law for redeeming the land therein describedhaving now expired, the said G. H. nor any person in his behalf having paid ortendered the amount due the said A. B. on account of the aforesaid purchase,and for the taxes by him since paid, and the said A. B., having demanded adeed for the tract of land mentioned in said certificate, and which was theleast quantity of the tract above described that would sell for the amount duethereon for taxes, costs and charges, as above specified, and it appearingfrom the records of said county collector's office that the aforesaid landswere legally liable for taxation, and has been duly assessed and properlycharged on the tax book with the taxes for the years ........;
Therefore, this indenture, made this ............ day of....., 20..,between the state of Missouri, by C. D., collector of said ............county, of the first part, and the said A. B., of the second part, Witnesseth: That the said party of the first part, for and in consideration of thepremises, has granted, bargained and sold unto the said party of the secondpart, his heirs and assigns, forever, the tract or parcel of land mentioned insaid certificate, situate in the county of ........, and state of Missouri,and described as follows, namely: (Here set out the particular tract orparcel sold), To have and to hold the said last mentioned tract or parcel ofland, with the appurtenances thereto belonging, to the said party of thesecond part, his heirs and assigns forever, in as full and ample a manner asthe collector of said county is empowered by law to sell the same.
In Testimony Whereof, the said C. D., collector of said county of ......., has hereunto set his hand, and affixed his official seal, the day and yearlast above written.
Witness: .......................... (L.S.)
Collector of ............... County. State ofMissouri, .... County, ss:
Before me, the undersigned, ...., in and for said county, this day,personally came the above-named C. D., collector of said county, andacknowledged that he executed the foregoing deed for the uses and purposestherein mentioned.
In Witness Whereof, I have hereunto set my hand and seal this ....... dayof........., 20.....
........................... (L.S.)
(RSMo 1939 § 11150)
(1976) Tax deed held void for failure to state the years of nonpayment of taxes as required by this section despite fact it was amended and rerecorded because amended deed was not reexecuted by collector or rewitnessed by county clerk or reacknowledged. Heppler v. Esther (A.), 534 S.W.2d 533.
140.460. 1. Such conveyance shall be executed by the county collector,under his hand and seal, witnessed by the county clerk and acknowledged beforethe county recorder or any other officer authorized to take acknowledgmentsand the same shall be recorded in the recorder's office before delivery; afee for recording shall be paid by the purchaser and shall be included in thecosts of sale.
2. Such deed shall be prima facie evidence that the property conveyedwas subject to taxation at the time assessed, that the taxes were delinquentand unpaid at the time of sale, of the regularity of the sale of the premisesdescribed in the deed, and of the regularity of all prior proceedings, thatsaid land or lot had not been redeemed and that the period therefor hadelapsed, and prima facie evidence of a good and valid title in fee simple inthe grantee of said deed; and such deed shall be in the following form, asnearly as the nature of the case will admit, namely:
Whereas, A. B. did, on the .......... day of ....... , 20.., produce tothe undersigned, C. D., collector of the county of in the state of Missouri, acertificate of purchase, in writing, bearing date the ........ day of......... 20.., signed by E. F., who at the last mentioned date was collectorof said county, from which it appears that the said A. B. did, on the................ day of ....... , 20.., purchase at public auction at thedoor of the courthouse in said county, the tract, parcel or lot of land lastlyin this indenture described, and which lot was sold to .............. for thesum of ........ dollars and ........ cents, being the amount due on thefollowing tracts or lots of land, returned delinquent in the name of G. H.,for nonpayment of taxes, costs and charges for the year ....... , namely:(Here set out the lands offered for sale); which said lands have beenrecorded, among other tracts, in the office of said collector, as delinquentfor the nonpayment of taxes, costs, and charges due for the year lastaforesaid, and legal publication made of the sale of said lands; and itappearing that the said A. B. is the legal owner of said certificate ofpurchase and the time fixed by law for redeeming the land therein describedhaving now expired, the said G. H. nor any person in his behalf having paid ortendered the amount due the said A. B. on account of the aforesaid purchase,and for the taxes by him since paid, and the said A. B., having demanded adeed for the tract of land mentioned in said certificate, and which was theleast quantity of the tract above described that would sell for the amount duethereon for taxes, costs and charges, as above specified, and it appearingfrom the records of said county collector's office that the aforesaid landswere legally liable for taxation, and has been duly assessed and properlycharged on the tax book with the taxes for the years ........;
Therefore, this indenture, made this ............ day of....., 20..,between the state of Missouri, by C. D., collector of said ............county, of the first part, and the said A. B., of the second part, Witnesseth: That the said party of the first part, for and in consideration of thepremises, has granted, bargained and sold unto the said party of the secondpart, his heirs and assigns, forever, the tract or parcel of land mentioned insaid certificate, situate in the county of ........, and state of Missouri,and described as follows, namely: (Here set out the particular tract orparcel sold), To have and to hold the said last mentioned tract or parcel ofland, with the appurtenances thereto belonging, to the said party of thesecond part, his heirs and assigns forever, in as full and ample a manner asthe collector of said county is empowered by law to sell the same.
In Testimony Whereof, the said C. D., collector of said county of ......., has hereunto set his hand, and affixed his official seal, the day and yearlast above written.
Witness: .......................... (L.S.)
Collector of ............... County. State ofMissouri, .... County, ss:
Before me, the undersigned, ...., in and for said county, this day,personally came the above-named C. D., collector of said county, andacknowledged that he executed the foregoing deed for the uses and purposestherein mentioned.
In Witness Whereof, I have hereunto set my hand and seal this ....... dayof........., 20.....
........................... (L.S.)
(RSMo 1939 § 11150)
(1976) Tax deed held void for failure to state the years of nonpayment of taxes as required by this section despite fact it was amended and rerecorded because amended deed was not reexecuted by collector or rewitnessed by county clerk or reacknowledged. Heppler v. Esther (A.), 534 S.W.2d 533.
140.460. 1. Such conveyance shall be executed by the county collector,under his hand and seal, witnessed by the county clerk and acknowledged beforethe county recorder or any other officer authorized to take acknowledgmentsand the same shall be recorded in the recorder's office before delivery; afee for recording shall be paid by the purchaser and shall be included in thecosts of sale.
2. Such deed shall be prima facie evidence that the property conveyedwas subject to taxation at the time assessed, that the taxes were delinquentand unpaid at the time of sale, of the regularity of the sale of the premisesdescribed in the deed, and of the regularity of all prior proceedings, thatsaid land or lot had not been redeemed and that the period therefor hadelapsed, and prima facie evidence of a good and valid title in fee simple inthe grantee of said deed; and such deed shall be in the following form, asnearly as the nature of the case will admit, namely:
Whereas, A. B. did, on the .......... day of ....... , 20.., produce tothe undersigned, C. D., collector of the county of in the state of Missouri, acertificate of purchase, in writing, bearing date the ........ day of......... 20.., signed by E. F., who at the last mentioned date was collectorof said county, from which it appears that the said A. B. did, on the................ day of ....... , 20.., purchase at public auction at thedoor of the courthouse in said county, the tract, parcel or lot of land lastlyin this indenture described, and which lot was sold to .............. for thesum of ........ dollars and ........ cents, being the amount due on thefollowing tracts or lots of land, returned delinquent in the name of G. H.,for nonpayment of taxes, costs and charges for the year ....... , namely:(Here set out the lands offered for sale); which said lands have beenrecorded, among other tracts, in the office of said collector, as delinquentfor the nonpayment of taxes, costs, and charges due for the year lastaforesaid, and legal publication made of the sale of said lands; and itappearing that the said A. B. is the legal owner of said certificate ofpurchase and the time fixed by law for redeeming the land therein describedhaving now expired, the said G. H. nor any person in his behalf having paid ortendered the amount due the said A. B. on account of the aforesaid purchase,and for the taxes by him since paid, and the said A. B., having demanded adeed for the tract of land mentioned in said certificate, and which was theleast quantity of the tract above described that would sell for the amount duethereon for taxes, costs and charges, as above specified, and it appearingfrom the records of said county collector's office that the aforesaid landswere legally liable for taxation, and has been duly assessed and properlycharged on the tax book with the taxes for the years ........;
Therefore, this indenture, made this ............ day of....., 20..,between the state of Missouri, by C. D., collector of said ............county, of the first part, and the said A. B., of the second part, Witnesseth: That the said party of the first part, for and in consideration of thepremises, has granted, bargained and sold unto the said party of the secondpart, his heirs and assigns, forever, the tract or parcel of land mentioned insaid certificate, situate in the county of ........, and state of Missouri,and described as follows, namely: (Here set out the particular tract orparcel sold), To have and to hold the said last mentioned tract or parcel ofland, with the appurtenances thereto belonging, to the said party of thesecond part, his heirs and assigns forever, in as full and ample a manner asthe collector of said county is empowered by law to sell the same.
In Testimony Whereof, the said C. D., collector of said county of ......., has hereunto set his hand, and affixed his official seal, the day and yearlast above written.
Witness: .......................... (L.S.)
Collector of ............... County. State ofMissouri, .... County, ss:
Before me, the undersigned, ...., in and for said county, this day,personally came the above-named C. D., collector of said county, andacknowledged that he executed the foregoing deed for the uses and purposestherein mentioned.
In Witness Whereof, I have hereunto set my hand and seal this ....... dayof........., 20.....
........................... (L.S.)
(RSMo 1939 § 11150)
(1976) Tax deed held void for failure to state the years of nonpayment of taxes as required by this section despite fact it was amended and rerecorded because amended deed was not reexecuted by collector or rewitnessed by county clerk or reacknowledged. Heppler v. Esther (A.), 534 S.W.2d 533.
